Notice Period & Payment Or Deduction By Employer , Whether It Can Be Challenged

I would like to know ,when employer had stipulated 90 days notice period in the appointment letter , but the employee gave 45 days notice and the H R Manager had confirmed that he will accept 45 days notice i.e., 45 days would be waived ( this was oral but in the presence of Manager of the employee )
can the Company deduct 45 days salary while giving full & final settlement
The employer is a limited Company in Mumbai which is fully owned subsidiary of giant public limited Company
Can the deduction of 45 days be challenged with the Company &/0r in the court of law
The employee was a deputy manager and the amount is around 40 k
additionally the employee had completed the hand over within 45 days notice period
thanks
you are requested to revert
your early response will be highly appreciated
thanks
sincerely
mdk

Since you worked in Mumbai, you are governed by Bombay Shops and Establishment Act. Under the Act normally 30 days notice period is given by employer. So on parity it will be 30 days notice period on the part of employee is to be given. However, if you have worked for 45 days then question of deduction of 45 days wages does not arise. Make a complaint to inspector under the Act for violation of Payment of Wages Act provisions which are read in the said Bombay Act and non payment of dues.
Thanks
Sushil