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Urgent help please ---resignation from mail when employee was on leave

(Querist) 25 August 2011 This query is : Resolved 
A employee was on leave duly sanctioned.
while on leave his father dies in an rail accident.he could not inform the office for further leave.

Meanwhile company called him and asked for his resignation he told the reasons.

But than somebody in his office sent a mail of resignation from his office mail ID.

Resignation accepted. Full and final sent home.
Employee launched FIr and complaints with labour offiice. employee has phone recordings when he was asked to resign on phone.

Case is pending with labour court for evidence.

Please experts help what evidence should be given in labour court and how can we win this case?
ajay sethi (Expert) 25 August 2011
you will have to produce your father death certificate . does the certificate mention death was due to rail accident .

in addition you will have to produce copy of FIR loged by you .
you have to deny that any letter of resignation was sent from your office email id . also produce your phone records
Raj Kumar Makkad (Expert) 25 August 2011
There is no straight jacket reply to your question. Evidence depends upon pleadings of both the parties and moreover its availability. Try to precure all best possible evidence available with you.


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