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Indian Law/resign without notice period


dear sir,
i recently joined an organisation an about 1.5 month ago.but after joining i feel that there was no healthy enviorment i feel uncomfertable well as i have not received any salary till now while it is mentioned in appointment letter to release it on are after 10th day of every calander month.just i received in reply that it will released shortly due to fund problem....
i send him a resignation them without serving notice period(i.e. of 2 months with no clause of payment in lieu of service period) by saying that i have to copmplete my study of c.a. finals but they did nat accept it and saying to serve till notice period..
n replied me to take legal action as breach of trust as a civil as well as criminal offence....

pls guide me what kind of action may be taken against me by employer as civil and criminal offence if i quit from my job without serving notice period  and should i quit my job  emmidetly saying that they had also not follow the one of the clause given in appointment leeter i.e. of not paying salary at given date in the clause...????is it also a breach of trust from the side of employer???

You can terminate your contract at any time by complying with the termination mentioned in your appointment letter.If there is no provision for pay in lieu of notice period,you have to serve the notice period mentioned in the engagement letter.An employer is legally bound to pay your salary within the period specified in your appointment letter.As per your statement,it appears that both sides have committed breach of contract.However,leaving the service abruptly without complying with the notice period is certainly not a criminal offense.
You may give a suitable reply to the employer through an advocate expressing your unwillingness to continue there any more and threatening to take necessary legal action if your dues are not cleared immediately.  

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Arun Kumar Maitra


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.


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.

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



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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