Notice period in employment

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 February 2013 Hi all,
I have been working in XYZ co since Oct 2010.As per appointment terms,notice period is 90 days &
if I am not able to serve for 90 days then I have to pay for shortfall in notice subject to approval of HOD for relieving in less than 90 days.

Now I have resigned in this company & asking to relieve me within 45 days & I am ready to pay the shortfall but HOD not approving.
I have documentary evidence that the company had relieved chartered accountants working with same designation/accountability that I have by collecting shortfall notice pay.

I would like to know that,will it affect to my menbership with ICAI, if I jioned another comapny without getting relieved from present company.
Pls also let me know what are other laws which employer can enforce & what remedies I am Having?

Anticipating your early response.

@VaibhavJ

@VaibhavJ (Expert)
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23 February 2013 Hi,

Any party to contract can terminate contract giving notice. So you can not be hold from relieving. By serving proper notice in writing you can seek for relieving from job & no way it can affect your membership.

Thanks!!