See first as per the terms of agreement you can serve half and buyout rest of . The company always keep right with itself to accept payment in lieu of notice period. So in case you leave early without company accepting it they can withhold your full and final settlement and proper reliving letter also they can file suit to recover the amount of three months payment.

See either you can offer managment to buyout complete notice period that is pay for three months and release early if not accepted then complete notice period have to be served for smooth exit.

It is at discretion of management to waive the notice period and accept salary in lieu of notice period 

2) you cannot force management to accept salary in lieu of notice period 

You can file a complaint to labour court. You can also file a complaint to labour commissioner for the same. You can buy the notice period by paying basic salary. They can't withhold your relieving letter

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.

Forced employment is illegal in Indian, max company can demand payment in lieu of notice period. You can leave forth with if not bother about relieving and experience letter which you can recover later by approaching labor commissioner. 

Company has no legal recourse.

They can't stop you leaving the company or won't force you to complete 3 months notice period.

As there is buy out option in the employment agreement than they can't force you.

They have to give your all experience certificate and payouts after paying lieu period.

Kindly send notice to them by your personal email id all resignation details and you will be not coming from ..........

Keep in cc all management people and to HR, Ops manager or your reporting manager.

Why are you continuing with the job? 

Understand the law. You telling you have resigned. Then how you can be on the roll of employees? Is it not confusing?

Relieving is a complete different issue. Company may not relieve you till dues if any, are not cleared by you, which shall remain open to be settled through process of law.

Once your resignation letter is received by your employer, employment relationship shall end with effect from the date of resignation mentioned therein. 

Now the clause that buy out option shall be at the discretion of the management, is totally illegal and shall not have any legal force. It is void because management can not force you to serve for a specific period of time. 

What management can do is to demand you to pay up for the unserved notice period, if any.

Advice:

You can easily join new job pending your relieving issues. 

Inform your previous employer that you have joined new job and you shall on demand pay up for the unserved notice period, if any.

Do not make the issue complicated by your own. Law is very clear on this issue. 

Nobody even govt of India can not force you to do job for a specific period of time. 

Send a legal notice to your HR department with CC to labor commission, I India Bonded labor system is already repealed and no one can force you to work.

You can serve them a notice to avail buy out option as it is necessity for you at this situation.

You should talk to HR of your new employer about the situation if they agree to accept you without relieving letter then you can join new job without relieving letter.

And after that make settlement with current employer for issuance of relieving letter.

If your employer is denying to provide you the relieving letter then, you can make an application to the HR or MD for issuance of the same in lieu of pay off notice. If they still deny then you can send them a legal notice demanding the same, after that you can approach jurisdictional labour court

1. It is purely at the discretion of the employer to allow buy out of the notice period.

2. If the employer decides to not to exercise its discretion to enable the employee to buy the notice period then employee is bound to serve the notice period, failing which the former can sue the latter for damages/liquidated damages due to breach of contract.

No company cannot force an employee to work with them if he serves proper notice to them for leaving the company. 

See company as per the agreement yas right to recover the damaged and cost and suit are not decided taking in view only companies stand the employee can contest the suit too.

Company can force employee to serve the notice period even if for personal reasons he wants to leave early 

company can sue employee but can demand salary in lieu of notice period for period of shortfall. 

Nope company can't forced and court don't give order beyond fundamental rights of individuals.

As I adviced you can buy the notice period by paying your basic salary for the same

Your three months notice period shall begin from the date of your resignation tendered before the company.

You can leave the company since you have already handed over the assets of the company held by you and you can make the payment for the balance of notice period and send the same to the company by a DD and by a registered post.

If the company is insisting on further extended work period, you can very well intimate your decision to not to work anymore beyond the original notice period and demand your relieving letter and also your F&F settlement till the date of your employment.

If the company is giving any reply in writing then you may plan further legal action on this as per law.

Generally, companies will not be bothered to take legal action unless you have not completed the handover of assets or have access to sensitive information. ... If you leave the company without serving notice, the company might send you a notice asking you to complete the notice period or pay up, company cannot force an employee to serve notice period, if the terms of employment clearly mention "pay in lieu of notice".

Usually there will be notice period of 1 month, 2 months, and or 3 months. During notice period employee will be busy searching new job. Mostly he or she will be on leave. And if any leave is there in his account, he can use it and he or she might get salary.

No suit possible to enforced force labor even under agreement.