Legal Question in Employment Law in India

i am newly hired professor (fresher) in one of colleges in chandigarh , on hiring they took cheque of 20000 , they said they will give it back if i serve them notice period of 2 months , i was hired on 1 september 2013 and few days back my father turned severely ill following which i cant continue my job i told them i can join from next semester they said they will tell me about their decision after 10 days , now after 10 days date becomes 29 september , would they encash that checque because they didnt asked me to serve notice period of 2 months or i shud cancel payment of that checque? why are they not asking me to serve notice period of 2 months? what should i do please help

Asked on 9/19/13, 3:05 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
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19.09.2013

Dear Sir / Madam,

Please refer and read all the clauses and the terms and conditions of your appointment. I suspect the College may have lured you that they will pay you a salary of say Rs. 40K to 50K per month and asked you to give a security cheque of Rs. 20,000/- in advance for the notice period. If that be the case, before giving the cheque, you ought to have told the college that you have to settle down in the job first. You are now caught in a dilemma situation wherein without you having earned even a penny as a Professor, you have paid Rs. 20,000/- from your own pocket in advance to the College.

Anyway, if the College has asked you to lecture in the College without issuing you an Appointment Letter and obtaining your acceptance acknowledgement thereon, you should straightaway stop payment of the cheque. If you have accepted and signed the appointment letter, you should politely tell the College that the cheque of Rs. 20,000/- was as security for 60 days notice period, from which, the actual days attended by you in the College have to be adjusted since the College has not paid you for those days, hence the college is not entitled to encash that cheque. The College may not be asking you to serve the notice period, since you yourself have told them that you cannot continue in the job due to your father having turned seriously ill.

Regards,

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9/19/13, 4:26 am

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