Harrasement : Employer has issued notice on non compliance o

Dear sir,

Please take some time to read following case as this is very critical for me and also required your help on how to cop with this issue?

My self is suresh, i was working in one of s/w company in chennai. and recently changed new job in s/w company in noida. My previous company has 3 month notice period policy and for the same i've served 15 days notice as my new company wants me to join with in that period. Whereas my previous company has also accepted this notice period. I have worked with this company for more than a year and was permanent employee. Now My previous company has following clause for notice period policy in my appointment letter.

"Either party can terminate this employment by giving 3 months notice in writing or basic salary in lieu of the notice period after the probation period. The Company shall however have the right to terminate your employment without notice or payment in case of breach of contract or misconduct by the employee."


Even though with this policy, company has accepted my resignation. since new person is supposed to come on latter date and i am supposed to do knowledge handover to that person (although its no where written in my appointment letter/ job description to do that) but considering its my moral duty i told company i will come back to chennai and do handover since my new company wants me to join at particular date. Company has agreed but holded my relieving letter, experience letter & 1 month salary. (Now as per the company policy they could only hold notice period salary not for rest of days). And asked me to work 4 working days in chennai for handover. never the less i accepted and came to noida and joined new company

Now the tragedy starts from here.

I already took the leave permission from new company and when i was about to go to chennai, i called to my previous company HR and informed him regarding my coming dates and asked a simple question what would be my final settlement money?. then HR started to give very rude answers. like "we will not tell you", "we can not tell anything" , "we can't comment on this" "once you come we'll let you know" etc etc.

Now My 1 month full salary is almost equivalent to 3 month basic which company has holded on. I also asked them as "you initially told that we'll be relax at your notice period and then suddenly why you people are doing like this and not answering to my simple question". i also urge them to let me know whether they want my 3 month basic salary if its so they already have it. but they did not answered correctly & in clear manner.

Then i finally gave up. and decided to not to contact to that company. after few days i got notice from that company titled with "Notice on non compliance to policy" which says that you've not served 3 month notice and did not do proper handover to new person. we will take appropriate action if you don't join within 3 days.


With this kind of notice i really frustrated and replied to them that as per the notice clause of my appointment letter, i've not non complied company policy and for the same you already have 3 month basic (in terms of withholding 1 month full salary)and regarding proper handover its no where mentioned in my appointment letter. So i am not liable to do that hence non compliance issue doesn't arises.

With this whole episode i think company wants to harass me by not giving single Rupee and giving unnecessary threats to take proper action

Please help me what to do?