Legal Question in Legal Ethics in India

i am engaged with a Govt. firm as a individual consultant. In the agreement it was mentioned that if i leave the organization i have to serve a notice period of 3 months or pay 3 months consultancy fees to the organization. Now due to health problems i have resigned and requested to wave off my notice period and relive immediately. But the organization is not able to decide how to wave off the notice period because in the agreement there is no any statement on medical reasons. The organization asked for the medical and i have submitted the documents of medical problems along with Govt. doctor certificate. Now please tell me the rules or the way on the basis of which i can strongly ask them to relieve me.


Asked on 3/05/14, 10:53 pm

2 Answers from Attorneys
Shailesh Kumar

Advice:

If the department is not agree with your statement and compel you to perform which you can do you have option, to legal action against the company but you have to complay with the agreement, however, you have any problem and like to get more relief and you think that you should have such option, you have to show everything regarding the subject to me, only than I can provide you proper advice.

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Answered on 3/05/14, 11:14 pm
Fca Prashant Chavan Expert Edge LLP

24.03.2014

Dear Sir / Madam,

The decision whether to waive the notice period consultancy fee vests with the concerned Government Department. I see no way you can compel them to "tow" your line of thinking.

Regards,

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Answered on 3/23/14, 9:38 pm


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