• Notice period not served

Dear all,

Three years ago I joined a company X. I worked for a period of a month. The company X was not having any tools for my work they were in the process of setting it up. I was helping them in identifying all these tools. Then The company I worked previously wanted me back, with a better remuneration as well. I spoke To my manager and the head HR after submitting my resignation. I did not return to office from the very next day. I had/left all my assets in the office. I joined my previous company immediately as they Didn’t want the experience or relieving letter from company X. 
Today exactly after 3 years I have received a registered post from company X. The purpose is to collect some due amount in lieu of short notice period.

Would you please advise
Asked 6 years ago in Labour

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13 Answers

After three years you are not responsible and you can reply to their notice points wise.

 

As you do have rights to change the job and they can't deny it. If they want pay you remaining amount ask them to close the account and send full n final settlement amount along with experience letter on your address.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

As your previous employer has not insisted on relieving letter or experience certificate, you are on secure ground. You may please reply to the notice saying that you are not liable to pay anything to them in lieu of the notice period. In all probability, they may drop further action against you, as their claim appears to be time-barred. Wish you good luck in your new job!

Swaminathan Neelakantan
Advocate, Coimbatore
3077 Answers
20 Consultations

Read twice Everything before you sign.

Dont sign where you think you should not sign.

Deepankar Kataria
Advocate, Delhi
194 Answers

See you can reply to notice stating that you were relieved and no such demand was made previously now the demand is barred by limitation. Also the company didn't spent anything on your training and there was no tools for your therefore in such circumstsnces you left after taking necessary approvals from company so the demand is illegal.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You should give a befitting reply to the legal notice received by you stating that their case ,if any would be barred by the period of limitation of 3 years. Hence no case would be maintainable in court.

No need to pay them money. You can ask them to use legal means to get the same recovered.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

You can check the content of notice.  If any payment is outstanding from your side don't reply the same.  As after 3 years the said case is barred by limitation. 

Prashant Nayak
Advocate, Mumbai
34641 Answers
249 Consultations

what is notice period mentioned in your appointment letter?

 

2)claim of X company is barred by limitation as no legal proceedings have been filed to recover alleged dues within period of 3 years 

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

After submitting the resignation have you ever inquired what happens , if it has been accepted the nothing will happen to you , if not then there is no way to accept it after three years, if they can keep mum for three years , then you keep mum and now onward don't receive any communication from their end and tell the post man to write over that the person mentioned is not available, they are simply wants to put you under threat.

 

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Avoid the notice, no sum payable, on the contrary reply to notice that your last salary is due and demand payment with interest @12%.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

if company did not take any action for 3 years then there would be no issue, but now they have sent you the letter you must take this seriously and close this,  contact lawyer and reply to the notice. 

Mohammed Mujeeb
Advocate, Hyderabad
19367 Answers
32 Consultations

Dear Client

you can just put it aside and there is no need to send any reply because they cannot take any legal action against you for recovery of dues as its been three years and there is a limitation of 3 years for filing a recovery suit after that the dues will become null and void.

and if you want to reply the notice just reply that as you are intimating me about the dues after a such a long time i am not liable to pay you the dues.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Any suit for recovery of money has to be filed within 3 years from the date on which it falls due for payment.

2. Reply to the notice through your lawyer and deny your liability. 

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

You dont respond to the notice.

It my have been barred by limitation also if it is more than three years.

But if you respond or acknowledge then you will considered to have committed to the demands made, hence you may better remain silent, they cannot do any thing.

They may not be able to file a recovery suit also beyond three years.

 

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

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