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What can i do if issued a show cause notice ?
09-May-2023 (In Labour & Service Law)
Hi Sir, I was joined a job on Dec 1 2017 and resigned on 16.04.18...I suppose to serve the notice period of 3 months as per my appointment order, but I could not do that. I send a resignation mail to the employer stating that I was going to medical treatment. Now I joined a new job. Now my past employer threatening me that they going to file a case against me and sending a letter to my current employer to terminate me from the job. And they going to issue a show cause notice to me. I need to know shall I receive the notice? Or send it back to them? If I receive what shall I do? Pl. Advice..
You have to receive the show cause notice and give proper explanation to your present company. You have issue a legal notice to previous employer as he is not at entitled to send letter to your present company.
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Adv. Varalakshmi
Chennai | 25+ Answers
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when your appointment Order clearly stated that you must serve 3 months prior notice before leaving the job and that you have accepted the same when joining your previous job, it is not fair on our part to resign without giving them prior intimation. you can do things in the present case.
1. receive the show cause and attend the enquiry proceedings and try to amicably settle the issue between your previous employer and yourself.
2. Or, if there was an exceptional circumstance as to why you could not serve the three months notice, it can be taken as a ground to file a writ petition.
But it is a general practice of the court that they dont generally encourage writ petitions challenging show cause notices since it is a premature stage. I would advice you to go by the first optin
1. receive the show cause and attend the enquiry proceedings and try to amicably settle the issue between your previous employer and yourself.
2. Or, if there was an exceptional circumstance as to why you could not serve the three months notice, it can be taken as a ground to file a writ petition.
But it is a general practice of the court that they dont generally encourage writ petitions challenging show cause notices since it is a premature stage. I would advice you to go by the first optin
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Adv. Janane Ganesan
Chennai | 25+ Answers
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