Legal Question in Employment Law in India

Hello Experts,

I ve resigned on Dec 2014. Willing to serve my 3 months notice period.

However, my manager is pushing to server notice period till Jun 2016.

Could you please let me know the article number in Indian labour law for the notice period?

Regards,


Asked on 12/17/15, 8:44 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

17.12.2015

Dear Sir / Madam,

If you have resigned in December, 2014 say on 10th December, 2014 your three month notice period to be served in the Company has ended in March, 2015 which is already gone by. There is no way that your Manager can compel you to serve in the Company till June, 2016 unless you still feel like working in the Company.

Please read and refer the following judgement :

CASE NO.:

Special Leave Petition (civil) 22316 of 1997

PETITIONER:

Otis Elevator Employees' Union S. Reg & Ors

RESPONDENT:

Union of India & Ors.

DATE OF JUDGMENT: 11/11/2003

BENCH:

S. RAJENDRA BABU & K.G. BALAKRISHNAN

Regards,

Read more
Answered on 12/17/15, 8:58 am


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