Legal Question in Employment Law in India

Dear Sir/Madam,
I had a question and concern about an employment. I have been employed in the Private Company (MNC) in Bangalore from Feb 2010 in the capacity of a Manager and manage an outsourced services for some US Firms.
Upon Joining the notice period was 60 days and recently in June 2010 the notice period has been revised to 90 days. I want to move out of this company but the management is not ready to accept any payment in lieu of notice and want me to serve 90 days in person. This has been really bothering me as I think that this kind of arrangement is one sided and the employee has no options to be relieved at his choice in case of personal needs/emergency.
Further to that the management has also told me that if I do not serve the 90 days, then it will be treated as a absconding case and I will not have a clear exit.I really think that lot of my colleagues are also undergoing this and we all feel that this is mental harassment.
On other cases when the management wants to send people due to their needs, business shrinkage they do the relieving immediately and that makes me think that the contract itself is one sided for the organization.
Please advise if I can lodge a complaint in the labour court if the company is not agreeing to relieve me even after me wanting to make the settlement in lieu of notice.
Your advise and help will be of great help.
Awaiting reply.

Asked on 12/01/10, 12:58 pm

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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you working in the capacity of a manager, so labour court will not entertain ur complaint. you may hire a lawyer and file a civil suit.

Answered on 12/01/10, 11:08 pm

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