In person Service of Notice U/s 80 of CPC to the Employer.

578 votes

There is no restriction on manner of serving notice under Sec 80 CPC.
It can be in person, by mail or any other means. The requirement is it should be proved that such notice was served to the other party if the same is disputed in court.
You are advised to obtain signatures of the person to whom you deliver with name date and time on your copy of notice.
A speed post is better alternative

Advocate Wg Cdr Mohammed Mujeeb (Retd) LawRato

554 votes

Notice under section 80 of CPC is served to the Central Government or public servants explicitly explaining all the reason and cause behind serving the notice and no suit can arise against them without serving a notice to them in writing under this section. Further the time in between the notice and the suit shall be of 2 months unless necessarily explained before the court for bringing an early suit against such officer or government without the expiry of 2 months time period.
This section does not apply to private employers.
Second thing, you do not need to serve the notice duly stamped or notarized, however that shall be served by an advocate from your side and not by you in an individual capacity.

Advocate Pulkit Prakash LawRato

965 votes

Representation can be made , no fee is required for making representation to the department. the purpose of serving legal notice under section 80 is for making the other party aware that he has a case and that the issue may be settled amicably otherwise the party will have option to file the case

Advocate Virender Singh Kadian LawRato

781 votes

(1) Yes, there is no restriction on the manner of serving the Notice. Section 80 deals with two things—first with the service of the notice in writing and the second with a rule of procedure as to what the plaint should contain. The object of the section is manifestly to give the Government or the public officer sufficient notice of the case which is proposed to be brought against it or him so that it or he may consider the position and decide for itself or himself whether the claim of the plaintiff should be accepted or resisted. The object of notice is to afford the Government—Central or State—an opportunity to reconsider the legal position, and to settle the claim without litigation, if so advised, or to afford restitution without recourse to a court of law. The section is explicit and mandatory and admits of no exceptions and it imposes statutory and unqualified obligation on the court to see that its terms are strictly complied with.
(2) No.

Advocate Harish Chandra Yati LawRato