Employer forced me to resign

You were wise initially. Your counsel had given you wise advice.

Then you erred by submitting resignation.

 

Hope you have copies of POD to substantiate that the statement of your supervisor are false and attempt to falsify the record has been made.

 

Are the replies of HR quoted by you in writing or do you have any proof to substantiate that HR stated so?

 

You have posted that:

 

----“But on the next day I was told to discontinue form the work. “

Is it stated verbally or in writing?

 

You could submitted minutes of this discussion quoting names, designation, office address, dated, time etc………

 

 

----“What about those days in which I was called to work, even after the date of my resignation?”

 

Have you marked attendance and do you have attendance record?

 

----“Then i contacted some senior officers and told them that  I want to continue my job and then I gave my withdrawal of resignation. “

 

Do you have acknowledgment/POD and acceptance of withdrawal submitted by you?

 

Resignation can be withdrawn before expiry of notice.

 

Supreme Court of India

Nand Keshwar Prasad vs Indian Farmers Fertilizers

 

11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.

 

 

If RTI is applicable obtain certified copies of each and every document that you don’t have.

Approach good offices of appointing authority, MD, Chairman as per escalation matrix in service rules and a competent and experienced labor consultant/service lawyer too.

 

Let your representations be now structured and drafted by your lawyer.

Show the standing orders applicable to you, appointment letter, leave policy, conduct and discipline rules, and all docs and POD , resignation, withdrawal of resignation and give inputs to your lawyer in person. 

 

The lawyer that has seen all of your docs and has analyzed your inputs can advice you the best.

 

 

Sir,

I was on probation and as per my appointment letter "During the probation/extended probation period, your services are terminable by either side, without any notice and without assigning any reasons"

And about resignation it is written as "Your resignation before or after confirmation, will be effective only on its formal acceptance and not otherwise." I have still not received any formal acceptance letter.

Sir the point which goes against me is that 'I was on probation'. Even if they allow me to join this time under legal pressure they will again harass me for some other reasons and they will terminate me. I don't know what to do. I have made a big mistake by joining this company.

What should I do now?

@ Kumar Daob Sir,

Sir,

your replies

1.)But on the next day I was told to discontinue form the work. “

Is it stated verbally or in writing?

 

I have a mail from them as my resignation acknowledgement in which it was written that "I am required to work till I get a relieving letter" On the basis of this I was called to office even after my date of resignation. I have attendance record also for that. Also my attendance can be proved by the cctv footage and the evidence of employees working there. Then again I got a mail from my supervisor that "your withdrawal request is not accepted and you should complete the exit interview formalities" and i was asked to discontinue.

 

2.)What about those days in which I was called to work, even after the date of my resignation?”

 

 

Have you marked attendance and do you have attendance record?

Yes, I have a record of my attendance. I have punched my card during the entry only but during the exit my supervisor precluded me from punching my attendance. Still my records are there with the security guards' in-out register.

3.) Are the replies of HR quoted by you in writing or do you have any proof to substantiate that HR stated so?

Sir, I contacted with HR on phone. So I don't have any proof of that. But there were some circumstances in which I could have charged my HR for providing me false information and misrepresenting me. (I have HR's baseless mails too in which he provided false information to me.)

 

 

The companies do insert clauses in appointment letter that in case prolonged absence due to sickness employment can be terminated.

 

 

 

 

You have posted that:

 

“Then again I got a mail from my supervisor that "your withdrawal request is not accepted and you should complete the exit interview formalities" and i was asked to discontinue.“

 

“but during the exit my supervisor precluded me from punching my attendance”

 

This implies that you have attended the exit interview also willfully and might have submitted signed exit forms.

 

 

You should not have signed exit forms.

The company can claim that you acceded to the advice of non acceptance of withdrawal of resignation and willfully attended the exit interview.

 

You are also apprehending termination.

What exactly you want to achieve?

 

If you want to contest the non acceptance of withdrawal of resignation and forced exit interview or contest termination if effected by company then you should approach and proceed under exert guidance of your lawyer.

 

 

Approach your lawyer in person.

 

 

 

 

Sir, I have not signed any exit form. The only thing which I have given to them is my resignation, that also the scanned copy. No hard copy was given by me. I just want to join the company because I don't have any job in hand now.

 

The company has accepted the scanned copy and the supervisor has replied to you that withdrawal of resignation is not accepted.

 

 

Resignation can be withdrawn before expiry of notice. The supreme court of India judgment has already been quoted.

 

The supervisor may not be the authorized authority to accept or reject the resignation until or unless authorized by the board.

 

Without any delay approach your lawyer with copies of all docs, rules, standing orders etc as discussed and proceed under advice of your labor consultant/service lawyer. The lawyer that has seen all of your docs and has analyzed your inputs can advice you the best.

 

After you have understood the merits from your lawyer approach your employees union also and seek their advice as well and also escalate to good offices.

 

 

 

 

"during the exit my supervisor precluded me from punching my attendance."

" Still my records are there with the security guards' in-out register'

Place this on record.

Do not stop attending to office and marking attendance.

The line managers, HR, employers are known to declare that employee absented/abstained/absconded.

Sir,

Yesterday i got a mail that my resignation is accepted.

Is there any hope now? ( My exit interview was not taken)

Will it be wise to resort to legal action or should I look for other opportunities?

Sir,

Yesterday i got a mail that my resignation is accepted.

Is there any hope now? ( My exit interview was not taken)

Will it be wise to resort to legal action or should I look for other opportunities?

 

The resignation has already been withdrawn by you. You have in your custody the mail of the supervisor affirming that company has received the withdrawal of resignation.

 

 

 

{“"your withdrawal request is not accepted and you should complete the exit interview formalities"”}

 

The company could have termination if it wanted to separate.

 

The resignation that has already been withdrawn should not have been accepted.

 

Your supervisor and HR have added a feather in his cap by handling your case whereas you are about to become jobless and suffer break in employment record. You should have escalated to good offices of the company.

 

Have you in fact consulted a lawyer in person? Discuss with elders in the family too.

 

Approach your lawyer in person.

 

 Rest is up to you. Finally you may proceed as deemed fit at your end.

Your lawyer and elders in your family, competent and experienced well wishers may opine that if the establishment issues order of termination after all the happenings till now as posted by you it may get termed as malafide…………..

 

Approach your lawyer in person with elders in the family.

 Your lawyer may opine to escalate to good offices.

 Rest is up to you. Finally you may proceed as deemed fit at your end and as advised by your lawyer.

 

 

agreed with Mr Kumar Doab

already advised on https://www.lawyersclubindia.com/forum/Harassment-during-sick-leave-91309.asp I repeat here also if you are treated unauthroised absence then there will be chargesheet followed by inquiry wherein you will be entitled to be defended through a serving or retired Govt servant of your choice (subject to CDA rules of PSU). by resigning you have charged your fate. now you will have to go to court to press for withdrawal of resignation which Mr Kumar Doab has observed as withdrawn before acceptance.

Sir,

Now I have joined a college for higher studies.

I resigned 7 months back. They have done final settlement. Still there are many bills which they have not reimbursed. I submitted all my bills at the time of resignation.
Now that they have not reimbursed my money then what could be done?