The employee must be aware of the background for such an action by the company and thus can he defend himself……
If the employee is contemplating to withdraw the resignation or contest he should approach a competent and experienced labor consultant/service lawyer with copies of standing orders of the company, Appointment letter, HR policy, service rules, conduct rules, severance policy , copy of the email vide which resignation is tendered…..
If the establishment is covered under Shops and Establishments Act, this Act of the State may help up to some extent. This Act may be available at Dept. of Labor website of the state.
You have posted that:
----“All of a sudden today at 3.30 pm he has been called by his Deputy General Manager and HR and forced him to give resignation on email. he was astonished and asked for some time in this both the above montioned person warned him saying that if he will not resign then they will terminate him which will impose a stima in his experience and career.”
If this resignation is extracted by force within office premises the employee can withdraw it.
If this has not been accepted within office hours today he may withdraw it, before it is accepted, if he has decided to contest the decision of the company.
He may do so by forwarding the email to MD, Chairman citing reasons.
Forced resignation may be termed deemed termination.
If employee wishes to cite it has been extracted by coercion/force he can and he may need to prove it.
----“ if he will not resign then they will terminate him which will impose a stima in his experience and career.”
The companies are known to do it. Who can stop an adamant, recalcitrant, vindictive, zealous employer from doing it.
Employee may weigh pros and cons.
Being a lawyer yourself you would know that litigation can be lengthy and stressful for some employees.
----Usually companies prefer to issue termination without stating any reason to avoid claim of stigmatic termination.
Resignation from employee is considered safe.
In court of law company may quote reason.
----Opportunity to the employee should be provided thus natural justice.
The right to hearing is a fundamental right (audi alteram partem). Under law, no person can be accused of anything without giving him proper opportunity of being heard. Principles of Natural Justice are part and parcel of civilised society and forms the very basis of labour laws in India. Thats why Indian employment laws provide for conducting enquiries when employer observes that an employee has committed misconduct.
-----Has the employee tendered resignation with immediate effect?
If yes company may accept with immediate effect and adjust notice pay.
Or notice of resignation?
If yes company should not accept before expiry of notice period.
Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers ... on 1 April, 1998
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 the employee falls within the category of workman he can raise ID.
If not company may scream for Specific relief Act.
----If you wish to avail the services of LCI lawyer you may conduct search at:
https://www.lawyersclubindia.com/lawyers_search/#.UWhLa9gsHso
You can also speak to Pro Lawyers.
Related Lawyers list is available at the bottom of this web page.
(Related 'Labour & Service Law' Lawyers)
Your near and dear ones, colleagues, can also guide you to a competent lawyer.
You may take a calculated decision.
