you are bound to serve the notice period as per terms of your appointment letter 

2) it is at discretion of management to waive the notice period 

3) to accept salary in lieu of notice period 

No legal action to be taken by you right now.

Email your resignation to your current employer with immediate effect. Inform them you will join new job from tomorrow as discussed earlier.

Ifany key document is with you tell them you will handover it within 2/3 days. Pay up for the unserved notice period if any.

Note carefully no relieving order is required by law to join new job.

Go and join the new job from tomorrow.

You are not bound to serve notice period and can offer buy out. IF company dose not accept, you can quit instantly, nothing present company can do except holding your F&F and relieving certificates which you can get by approaching labor commissioner.

And if joining company is not insisting for experience/relieving letter, join it.

Dear Client,

You should join the New Organisation for better future. It makes no difference if your Current Organization is not releaving your from from duties. If your current organization is to buy out the notice period, it has option to deduct from your salary. 

Tell your new organization that you will not be in possition to show them your releaving letter from the current employer. As per law, no employer can stop you from working or joining other organizations. 

You can sue someone for his action if there is some illegality. Now where is the illegality if your company do not relieve you and compel you to serve the notice period. 

Illegality is in the terms of your appointment making it compulsory to serve the notice period even after you submit resignation. No one can compel you to serve like a bonded labour. Law of our country does not permit this. All agreement contract to this effect is voidable if not void. Your employer can  not enforce the said terms of your appointment agreement by law because it is a voidable agreement as per indian law. Now rest is your choice.

-  A per , The Specific Relief Act , A Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period , the Employer can only recover the Notice pay. 

- No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter.

- Hence, you are not bound to serve the notice period and you can bye out.

- Further , in case the new to be company cancels you offer , you have no legal right to sue against him ,because  it is legal for an employer to reject its issued offer to an emplyee , just as it is also legal for an employee to change his  mind, even after an offer letter has been received and signed.

- Hence, you are suggested to join the new to be company without thinking about the last company.

Good luck and dont forget to rating Positively.

Dear Sir,

The company cannot take any action beyond notice period.  You are ready to serve notice period as such if they launch any other legal proceedings against you they cannot be sustain under law.  Nothing to worry.  Just come out the company and send a legal notice to the company to complete exist formalities, failing which threaten them to launch suit for compensation for mental torture and others.

 If one month notice period has expired as prescribed in the contract of employment, intimate to your employer in writing that as notice period has already expired you will stop coming to their office from ______ (specific date) and also write about settling your accounts.

Litigation is long drawn and expensive proposition 

2) your chances of success are bleak if you sue your new employer 

3) company may refuse to wait for expiry of your notice period and cancel your offer of employment 

See you cannot take any legal action as this stage, as per the company policy you have to serve two months notice period and further the new company can give earlier date of joining and can reject the candidature you donot have relief against both.

1 No you cannot sue them. Or in case you do there is no profitable outcome.

You can buy the same as he can't compel you to work forcibly. You can complaint to labour commissioner

In absence of any appointment letter, no action can be taken against them. Offer letter becomes binding after acceptance and thereafter appointment letter is given. Without that, the join is not confirmed.

You can withdraw the resignation tended to your company and it would be at the discretion at your employer whether to allow it or not, if you are apprehensive that you would not have any job after 2 months.

1. Yes

2. Very less

3. In all likelihood, your case would not even be admitted as no prima facie case has been made out.

You can leave the current employer with immediate effect by mailing them about buy out option. 

You can join new employer if they are ready to accept you without relieving letter.

You can sue new employer but it will take time to reach some verdict. They can refuse to take you as employee as they doesn't have any contract with you. Chances of winning are very low.

You are seeking a job in a company ence you cannot dictate terms on them about your joining them.

If you do not get the relieving order from your previous company it is not their fault.

They cannot be responsible for the problems you are facing with your previous company but they have given you the employment offer letter in which their terms are clear by which you should have adjusted all your problems.

in my opinion you do not have any reason to sue either of the company.

No such legal action initiated by you may be maintainable in law.

1. In my opinion you may not be able to take any legal action against your new company for not taking you on their rolls.

2. Very low chance.

3. It may even backfire for malicious prosecution.

You can eiter talk to the company and ask them whether they are still interested in taking you or not. If they refuse send a legal notice to them and demand compensation. Meanwhile inform your present company that you want to continue. 

Regards 

Yes you have a fair chance of winning.