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Indian Law/Legal notice for not serving the Notice Period in small IT company

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Question
Hello Sir,

I need your urgent help and response since received a Legal notice from an advocate in Pune. Actually after resignation in my company, I requested them to relieve me in 15 days but they asked me to serve two months official notice which is mentioned in the offer letter. But due to some emergency and joining other opportunity in US, I left in 15 days after submitting the company laptop to Network person and thereafter they started sending mails and called me for my whereabouts and resuming to work etc..

I sent resignation in email on 10th March and left on 25th March and then was on official leave for one week. I joined some other organization in USA now. I did reply all of their emails and told them that I am unable to join due to some family problems and all.

They keep sending mails and finally they had sent me an email to pay the amount of two months notice and then I requested them that I am ready to pay but please provide me some 2-3 months time to arrange the money since it is a big amount i.e. 1,75,000 Rs and I am having some financial problems now. But now they have sent me a legal notice by registered post from Advocate and asked to pay the same amount within a week.

Also for your information, Since I joined another organization in USA so my wife received the legal notice by post to my permanent address in my hometown in M.P.

Could you please help me what may happen next and can I again send mail to my company requesting for some more time to arrange the money. I did not deny to pay but they need it as soon as possible. Also I have my resignation mail etc with me and in the notice, advocate mentioned that you left without notice and proper handover of the project etc though I have given proper knowledge transition to the team and completed all the assignments. I requested them 2-3 times verbally and also couple of times in email to offshore head to release me in 15 days else I am not available but they were not ready for the Buyout option also before leaving.

Please help me to decide as I am very upset and sad due to this notice and unable to concentrate on work.

I will appreciate your early response on this.

Thanks,
Deepesh

Answer
Resignation is a voluntary right of an employee expressing his desire to terminate the contract. Once he has served the notice properly, the employer is bound to accept it. You can leave by giving shorter notice with a request to adjust it with your pay. Pay normally means basic pay.
Accordingly,you are to take appropriate action in consultation with a reputed local service lawyer.

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Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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