Dear Mr Sushil,
The poster says company has sent him a letter-is it a legal notice or just a company correspondence asking for Rs65000??
This is where most posters fail to give correct information which can give rise to wrong interpretations.
If it is legal notice,then 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
3131The poster says company has sent him a letter-is it a legal notice or just a company correspondence asking for Rs65000??
This is where most posters fail to give correct information which can give rise to wrong interpretations.
If it is legal notice,then 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
Dear Mr. Nathrao,
There is no form of giving notice. It can be given by a lawyer or by person himself. The Delhi HC held in Maninder Singh Narula case in Jan, 2013 after following the Apex court decision that there is no form of notice. If it has given adequate awareness of facts and demand, then even if given by complainant, it is sufficient. The notice given by complainant was held to be legal notice.
Thus it follows the reply given by defendant has to be properly drafted failing which his later reply may be considered afterthought.Even if it is a normal letter, it needs to be replied thoroughly.
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.
Thanking
Sushil
From India, New Delhi
There is no form of giving notice. It can be given by a lawyer or by person himself. The Delhi HC held in Maninder Singh Narula case in Jan, 2013 after following the Apex court decision that there is no form of notice. If it has given adequate awareness of facts and demand, then even if given by complainant, it is sufficient. The notice given by complainant was held to be legal notice.
Thus it follows the reply given by defendant has to be properly drafted failing which his later reply may be considered afterthought.Even if it is a normal letter, it needs to be replied thoroughly.
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.
Thanking
Sushil
From India, New Delhi
""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 on this .
Advice should be complete and correct.
However poster also needs to give full information for replies and/or advise.
From India, Pune
Fully agree on this .
Advice should be complete and correct.
However poster also needs to give full information for replies and/or advise.
From India, Pune
Hi,
I am not able to comprehend following points in the post:
1. If there was no bond signed, then why would employee leave without informing / resignation letter? Was there any other communication between compnay & him in past 6 months?
2. Did he unintentionally / intentionally held any company assets with him? OR was there any misconduct from the emloyee during employment resulting in financial losses?
3. If company is asking for 65000 INR, then have they provided any justification for this amount in the letter? Is his last month salary considered in this final settlement amount of 65000 INR?
4. The company is asking / pursuing for "full and final settlement and relieve letter process". But DP does not have enough money in hand for this settlement. So what exactly does he expects from this forum?
Unless the above points are clear, it will be difficult / wrong to provide any possible guidance!
Best Regards,
Amod Bobade.
I am not able to comprehend following points in the post:
1. If there was no bond signed, then why would employee leave without informing / resignation letter? Was there any other communication between compnay & him in past 6 months?
2. Did he unintentionally / intentionally held any company assets with him? OR was there any misconduct from the emloyee during employment resulting in financial losses?
3. If company is asking for 65000 INR, then have they provided any justification for this amount in the letter? Is his last month salary considered in this final settlement amount of 65000 INR?
4. The company is asking / pursuing for "full and final settlement and relieve letter process". But DP does not have enough money in hand for this settlement. So what exactly does he expects from this forum?
Unless the above points are clear, it will be difficult / wrong to provide any possible guidance!
Best Regards,
Amod Bobade.
There are many other queriest who are waiting to utilize your precious time to solve their complex problems. Let us not adopt investigative approach. If a queriest does not want to divulge any material fact it is his ultimate loss. Otherwise presumption is there is no other material fact 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 the court and he will have to tell his lawyer.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
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