Notice Perod - Legal Action

Hi,
I had given the notice of 3 months of my intention to leave the organisation to my employer and they accepted the notice and relieved me after 5days of giving the notice letter.
Now they are asking me for the notice pay. Am I liable to pay the notice amount to the company inspite of me giving the notice for the required no. of days and they relieving me at their discretion???
When I asked for the notice period clarification through mail as to why I am not allowed to serve the notice period the HR guys didnt revert back and when took the issue to their superiors the HR person called me up and abused me over the phone.
Kindly let me know whether Im liable to pay the notice amount to my employer or the employer needs to pay me the notice amount or full salary? Or Should I take a legal action on my employer? Pls advice.
Thanks & Regards

Since you have been relieved you need not worry about the notice served by the company. Forget the notice. The company cannot move to court for recovery of notice pay since the company itself had relieved you.
Regards,
Madhu.T.K

Hi Madhu Sir,
Please let me know wheter in this case the company should give me three months notice pay or full salary (as they have relieved me) and should also pay me for my pending leave and LTA etc., ?
Can I file a complaint against that HR person who abused me and delayed the entire process?
The same HR person now says the hard copy of my notice letter in which they have written accepted and relieved stands cancelled and has no value. (This has been told to me verbally over the phone) and now after 20 days of relieving me the same HR person called me up and asked me to join again and serve three months notice period. According to my discussion with the HR person, if I decide not to serve the notice period then Ill have to pay the notice amount to the company or else they would be deducting the amount from my encashable leave and other previleges.
Kindly advice.
Best Regards
Connectdks
Mumbai

Notice pay from the employer's side is given when the employer terminates an employee. In your case it is employee resigning. Therefore, you are not suppose to get any notice pay from the company.
Regarding LTA, you will get it provided you conduct journey and submit your claim for LTA along with proof of your undertaken the journey.
Since you have already relieved it is better not to go for any claim for encashment of leave etc. You can send a reply to the letter sent by the HR stating that you were relieved from service and the same could be taken as relieved after complying with all formalities connected thereto and there is no room to beleive that HR was mistaken. That is enough. o suit against the company saying that the HR had misbehaved shall be maintainable in the absence of any proof. Therefore, do not go for that.
Regards,
Madhu.T.K

Dear
You are not liable to pay any amount to your employer towards notice pay. instead you can claim your balance days' salary towards notice pay as you have already submitted 03 months notice in writing and was intended to serve the same. As they have relieved you early, they are liable to pay you the notice pay for balance no. of days.
you can claim the same legally. A similar case has been found ion legal journal and the court has advised the same.
Thanks
Amit Anand Gera

Hi,
If im working in a company for 4 months and im moving to U.K will i be able to get the PF of my share and employer's share. For which what is the procedure?

Dear sir,
Since you have given notice to the employer 3months in advance, and they have relieved you in 5 days.There is nothing to fear. Go ahead and join your new venture & have the best in your walks of life.
The Same has been pointed in a detailed manner by our member T.K.Madhu.
wish you all the best
Ravi