I did not accept appointment letter, should I serve notice period
I joined an IT company on 3rd October,2022 and I was issued the appointment letter on 6th October. I was asked to provide acceptance on email for the appointment letter which I have NOT provided yet. Due to some personals, I need to resign from the company. One of the terms mentioned in the appointment letter states the following:
“ That your services may be terminated by the company by giving 30 day’s notice in writing or 30 days basic salary in lieu thereof during probation period or 90 days after confirmation .If you wish to resign, the notice period will be 90 days. In case you are a confirmed employee, and 30 days in case you are under probation. Serving of notice period, as applicable, in full is mandatory. In case you leave without meeting the above requirement, your full and final settlement including your relieving/certificate will be withheld and legal action initiated. However, if your performance is not found satisfactory, your services may be terminated. By the company without any notice or compensation within first three months of your joining the company. The notice period, if paid or recovered, shall be calculated on basic salary only.”
Since I have not accepted the appointment letter yet, I want to know if this clause will still apply to me and will I have to serve notice period of 30 days or can a legal action be initiated against me?