Hello,

Yes your previous employer is at the liberty to take legal action against you to pay the salary in lieu of the notice period, if the same is given in the employment agreement.

They can not charge the salary in lieu of notice period only if such clause does not exist in your employment terms.

regards

You can share the copy of the employment agreement for a concrete advise.

You are bound to pay 2 months salary in lieu of notice period

2) if you fail to pay your ex employer can sue you to recover said amount with interest

If there is any agreement with regard to service during notice period then you are legally liable to comply with it.

If you don't then it is breach of agreement which gives rise to civil wrong for which the employer can very well file suit for damages.

However such suit is very unlikely due to time and expenses involved.

So act accordingly.

Basically, they are empowered to do so in terms of the employment agreement. However, if this amount would be too less cumulatively, they aren't expected to take any legal recourse because, to do this, they'll entail generous expenses. Also, legal proceedings go on for a long period of time, so mostly they should not do this misadventure.

If it is mentioned in the employment agreement that notice period of 2 months is necessary and it is mandatory for the employee then you have to follow this condition.

If no penalty has been mentioned in the employment agreement if employee resigned without giving 2 months mandatory notice period. Then you should challenge this notice before either labour Tribunal or before Civil Court. According to Section 74 of the Indian Contract Act is any amount of penalty has not be mentioned in the agreement for breach of the contract then party to the contract cannot claim an amount for breach of the agreement. In this condition the court has power under section 74 of the Indian Contract Act to decide fair penalty or compensation for the breach of contract. In your situation 2 month salary in lieu of not giving notice period is too harsh and you should challenge it. 

1. That you do not want to be relived by your employer does not absolve you from your liability to serve the notice period.

2. The previous employer can surely sue you for the recovery of 2 months salary apart from compensation.

The previous employer has sent you the notice demanding the amount in lieu of the notice period, however since you have are no more interested in getting relieving letter and also since it may not make any impact to your new employment, you may ignore it.

Please confirm if you have signed any conditions in the employment offer letter.