Dear Mr. Sushil,
The poster says the company has sent him a letter - is it a legal notice or just a company correspondence asking for Rs 65,000? This is where most posters fail to give correct information, which can give rise to wrong interpretations. If it is a legal notice, then the ex-employee has to tackle the matter legally. If it is a normal letter from the company HR, he probably can choose to ignore it or reply only based on legal advice because what he writes can be used in any subsequent legal proceedings, if any.
From India, Pune
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3251The poster says the company has sent him a letter - is it a legal notice or just a company correspondence asking for Rs 65,000? This is where most posters fail to give correct information, which can give rise to wrong interpretations. If it is a legal notice, then the ex-employee has to tackle the matter legally. If it is a normal letter from the company HR, he probably can choose to ignore it or reply only based on legal advice because what he writes can be used in any subsequent legal proceedings, if any.
From India, Pune
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Dear Mr. Nathrao,
There is no specific form of giving notice. It can be given by a lawyer or by the person himself. The Delhi High Court held in the Maninder Singh Narula case in January 2013, following the Supreme Court decision, that there is no specific form of notice. If it has provided adequate awareness of the facts and demands, then even if given by the complainant, it is considered sufficient. The notice given by the complainant was deemed a legal notice.
Therefore, it follows that the reply given by the defendant must be properly drafted; otherwise, his later reply may be viewed as an afterthought. Even if it is a normal letter, it should be replied to thoroughly.
My advice is that on this site, advisers should provide well-considered advice to enable the querents to rely on the same while framing, in consultation with their lawyers. Of course, it is essential to let the lawyer present his line of approach first.
Thank you,
Sushil
From India, New Delhi
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There is no specific form of giving notice. It can be given by a lawyer or by the person himself. The Delhi High Court held in the Maninder Singh Narula case in January 2013, following the Supreme Court decision, that there is no specific form of notice. If it has provided adequate awareness of the facts and demands, then even if given by the complainant, it is considered sufficient. The notice given by the complainant was deemed a legal notice.
Therefore, it follows that the reply given by the defendant must be properly drafted; otherwise, his later reply may be viewed as an afterthought. Even if it is a normal letter, it should be replied to thoroughly.
My advice is that on this site, advisers should provide well-considered advice to enable the querents to rely on the same while framing, in consultation with their lawyers. Of course, it is essential to let the lawyer present his line of approach first.
Thank you,
Sushil
From India, New Delhi
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"My advice is that on this citehr, advisers should give well-considered advice to enable the queriest to rely upon the same while framing, in consultation with their lawyers. Of course, firstly letting the lawyer speak his line of approach."
Fully agree with this. Advice should be complete and correct. However, the poster also needs to provide full information for replies and/or advice.
From India, Pune
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Fully agree with this. Advice should be complete and correct. However, the poster also needs to provide full information for replies and/or advice.
From India, Pune
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Hi,
I am not able to comprehend the following points in the post:
1. If there was no bond signed, then why would the employee leave without informing or providing a resignation letter? Was there any other communication between the company and him in the past 6 months?
2. Did he unintentionally or intentionally hold any company assets with him? Or was there any misconduct from the employee during employment resulting in financial losses?
3. If the company is asking for 65,000 INR, have they provided any justification for this amount in the letter? Is his last month's salary considered in this final settlement amount of 65,000 INR?
4. The company is asking or pursuing "full and final settlement and relieve letter process." However, DP does not have enough money on hand for this settlement. So, what exactly does he expect from this forum?
Unless the above points are clear, it will be difficult or wrong to provide any possible guidance!
Best Regards, Amod Bobade.
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I am not able to comprehend the following points in the post:
1. If there was no bond signed, then why would the employee leave without informing or providing a resignation letter? Was there any other communication between the company and him in the past 6 months?
2. Did he unintentionally or intentionally hold any company assets with him? Or was there any misconduct from the employee during employment resulting in financial losses?
3. If the company is asking for 65,000 INR, have they provided any justification for this amount in the letter? Is his last month's salary considered in this final settlement amount of 65,000 INR?
4. The company is asking or pursuing "full and final settlement and relieve letter process." However, DP does not have enough money on hand for this settlement. So, what exactly does he expect from this forum?
Unless the above points are clear, it will be difficult or wrong to provide any possible guidance!
Best Regards, Amod Bobade.
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There are many other querists who are waiting to utilize your precious time to solve their complex problems. Let us not adopt an investigative approach. If a querist does not want to divulge any material fact, it is his ultimate loss. Otherwise, the presumption is there are no other material facts in his query.
In the present thread, as noticed earlier, the ex-employer is intending to sue the ex-employee. His inner conscience will blame himself if he has not divulged all material facts. At least he will have to face the entire music in court, and he will have to tell his lawyer.
Thanks,
Sushil
From India, New Delhi
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In the present thread, as noticed earlier, the ex-employer is intending to sue the ex-employee. His inner conscience will blame himself if he has not divulged all material facts. At least he will have to face the entire music in court, and he will have to tell his lawyer.
Thanks,
Sushil
From India, New Delhi
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