- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Except, recovery of the said amount, company cannot harm you for the same

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- Since, you have already served the notice period , then your resignation cannot be rejected on any ground and further they are also bond to refund your 3 months salary 

- You can send a legal notice to the employer with the death certificate of your father , and thereby mentioned that your loan amount can be adjusted towards the 3 months salary . 

You can contact me , if further suggestion needed. 

You have many legal options you can drag employer to Court. You can issue them a lawyer's notice  and file case against them for violations of offer letter as asking you to again serve notice  period or buy it. But Court cases take years. By the time you get a Court order against them it will be not less than one year. If employer is asking for payment  towards notice  period immediately pay it and get out of the mess. You will get better opportunities. Pay them, collect your relieving letter, experience certificate  and other credentials, get better job. After that you can still file case against them for extorting three months salary under the threat of not relieving you.  Court will accept your case as being an employee you were in dire need of getting proper relieving. Then you can have your revenge.

1. It is not clear what was the terms in your job contract as regards termination /resignation from job, notice period or notice pay in lieu thereof.

2. In presence of sch contract both of you are bound by its terms and conditions.

3. So if there is any breach of its terms and conditions  either of you can go to court to enforce it or to seek remdy. 

Dear Sir, 

1. The employer can take only the notice pay and cannot force you to work beyond that. 

2. They cannot reject your application after serving for 3 months notice period. 

3. The Indian contract act, prohibits any agreement in restraint of trade and profession. 

4. You can serve the company with a legal notice stating mental harassment and demanding your salary for three months. 

Thank You

• For further assistance, you can book a consultation with me. 
•  

It is best to leave your employment on amicable note 

2) no doubt management should have informed you that repayment of loan is necessary for acceptance of your resignation 

3) repay the loan and submit fresh resignation letter

Your contention is correct management should have informed you that either repay the loan or submit letter that loan amount be adjusted against your terminal benefits 

litigation is long drawn and expensive proposition 

better repay the loan and submit fresh resignation letter 

Dear Sir, 

1. Your grievance is valid. The management / HR should have informed you regarding the same within your notice period. 

2. however, any litigation right now will be long drawn and expensive for you. It is better to give the letter and settle on an amicable note. 

Thank you

• For further assistance, you can book a consultation with me. 
•  

-  Do you have any proof of exit interview was conducted, was told that you will be relieved by April end ? Keep it for later use.

-  They made mistake by not confirming/rejecting it earlier but they will not accept thier mistake so easily.

-  See you dont have a choice.
You want to leave without any problems then you clear the loan and then again send them resignation with reference to previous resignation.
Also send legal notice through lawyer. It will help later.
If they still ask you to pay 3 months notice then pay it and get relieving and join new job.

-  After joining new job, file case to recover 3 months and penalty.
You will surely get it back.

-  Also, if they are forcing you to suffer by their mistake then people can make honest mistakes under threat and mental pressure.

Hope this helps.

1.  If your leave was approved by the company and you had leave to your credit then the period of absence may be treated as leave and the company should regularise the same as leave period by adjusting the leaves due to you, hence withholding the salary for those three months is not legally valid, you can file a recovery suit, provided you confirm that you had leaves to your credit.

2.  Since you have already tendered resignation and also you have duly served notice period, you need not tender your resignation once again because your resignation letter already submitted has not been withdrawn by you.

In this situation you can stop attending office and inform in writing to the management o the company stating that as you have already tendered resignation and the full notice period has been served, they have to settle the F&F payment within a week from the date of receipt of your letter/notice. 

You may also mention your willingness to repay the entire loan amount immediately on hearing from them.

You can issue the notice either by yourself or through  lawyer but send it by registered post.

You have to resort to legal action by first issuing a legal notice to the bank for not relieving you even after serving the three months notice period after tendering the resignation letter, provided the bank had not intimated their decision to apply for resignation once again.

If at all the bank is insisting you to apply for resignation afresh, you may ask them to first reject your earlier application in writing giving reasons for rejecting the same and instructing you to apply afresh.

They will not that because they know that it would be illegal to demand resignation letter once again from you before rejecting your earlier application in writing with the reasons thereto. 

After that, if you do not get response, you may pursue the matter legally through high court by a writ petition.

In this case send them a legal notice and approach labour or appropriate court for seeking necessary orders against them

1. Although you had a genuine reason for not being able to discharge your duties but you cannot claim salary for the period during which you were absent except if leave with pay was sanctioned by your employer.

2. If notice period has been mandated in contract then it has to be served. It is the absolute discretion of employer to accept or reject offer by the employee to pay salary in lieu of notice period.

3. It is not clear from your query whether the intention to serve notice period was mentioned in your resignation or not. If it was mentioned and you have served it then you cannot be made to undergo the ordeal of serving another notice period. Serve a lawyer's notice to your employer and seek relieving immediately.

- As i mentioned above , the employer cannot reject the resignation application as it is the decision of an employee.

- If not relieving then you can send a legal notice after narrating all the facts .