Resignation Notice

Hi

I work as an Asst. Professor with an Educational organisation approved by AICTE and affiliated to Osmania university, Hyderabad. I am with this organisation for the last 3 years.

My employment contract specifies a notice period of 3 months or 1 month salary in lieu of notice.

But during the last 8 months, my employer has not been paying salary on time and salary was not all paid in the month of Feb, March 08. The salary was paid in the subsequent months. in installments.

Now it has become a practice for them to always hold atleast 1 months salary with them.

My question is whether the notice period of 3 months as mentioned in the employment contract has to be adhered to, even though the employer is not paying salary on time...

Can my employer take any legal action if I quit without giving any notice period ???

Even if they take any legal action, can I defend myself by saying that salary was not paid on time and hence I need not give any notice.

Please guide me...

thanks