• Regarding resignation from an ad-Hoc position of fixed term

Hello all,
I have recently resigned (after working for about 2 months) from an ad-hoc position (as a project scientist at IIT-Kanpur) which was for six months duration. I have resigned through email without any prior notice (I have not signed any bond with the project investigator) due to bad behaviour of the project investigator, less pay than I deserve as per my qualifications and working requirement on Sundays and Gazetted holiday. Please let me know if I am legally not allowed to do this. 
As I need to work using a computer at his lab, the project investigator has purchased a computer for my working purpose. After resigning he sent a mail to me that I need to pay for the expenses of the computer since it was purchased for my working purpose after my employment. Please provide me the legal advice if I have to pay for the computer which is still with him at his lab and I have used it during my stay at his work place for about 2 months. 

Thanks,
Bipin
Asked 7 years ago in Labour

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7 Answers

1) what were terms of your appointment?

2) you have to issue proper notice as per terms of your appointment letter

3) serve the notice period provided in your appointment letter

4) you dont have to pay for computer purchased for project work as the computer is beeing used by project investigator . you have not take delivery of the computer

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. Please note without seeing the offer letter of the job it's very difficult to advise.

2. Generally ad hoc employment is not guided by the general service rules but by the particular contract. If the service rules guide such employment then it's so.

3. However in any event you are not liable to make payments for the computer.

4. For non payment of your legitimate dues you can file writing petition in high court.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) there is no notice period mentioned in appointment letter

2) since your service can be terminated without any notice you can also resign without giving notice

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

As per offer letter neither your legitimate dues can be withhold nor you can be asked to make payment towards the computer.

You can seek redress from high court as I advised earlier.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. The appointment letter makes no mention of any notice period to be served by you. So you were free to resign with a short notice which could have been given over email.

2. The computer had been purchased by the project investigator to enable you to discharge your official duties. On your resignation it will stay in the office, hence you are not liable to pay him for the computer,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

As I need to work using a computer at his lab, the project investigator has purchased a computer for my working purpose. After resigning he sent a mail to me that I need to pay for the expenses of the computer since it was purchased for my working purpose after my employment. Please provide me the legal advice if I have to pay for the computer which is still with him at his lab and I have used it during my stay at his work place for about 2 months.

If there was no conditions in the employment offer letter, you may just ignore this and shed your fears.

The computer is not your property that the investigator is demanding the cost of the same, It is purchased by the department hence he cannot be demanded for paying its cost.

You can reject the demand and challenge the same if he is approaching court, but he cannot aproach court for this since there is no valid reason for him to approach court on this.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Please have a look at the text of my appointment letter and let me know if the project investigator can take any legal actions against me due to resignation from the post without any prior notice.

The employment offer letter is just for six months and there is no clause mentioned that you cannot resign before the expiration of the term.

The investigator cannot sue you for leaving this company by tendering your resignation by email.

However in your interest, you may send a formal resignation letter even now mentioning that you have already sent your resignation through email in advance.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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