Resignation after asking for el adjustment with notice perio
Querist :
Anonymous
(Querist) 23 November 2017
This query is : Resolved
I am working in a navaratna PSU (BHEL) for the more than 10 years in same department. I never got transfer to any other department even after trying so many times. Now I am totally frustrated and want to resign from my job. My notice period is 3 months. In my service agreement the following is mentioned:
“In case you wish to leave the services of the company after completing the stipulated period of 3 years service, you shall give 3 months notice to the company failing which you shall be liable to pay the company compensation equivalent to 3 months salary.
On resigning from the job you will be relieved only on resignation being accepted. The management reserves the right not to accept your resignation, if the circumstances so warrant. Acceptance of payment of salary from the employee in lieu of full or unexpired period of notice will be at the discretion of the management.”
If I submit a resignation letter showing some family health problem and mention my inability to work efficiently in future for this company due to this problem and also request to adjust my earned leaves for the rest of my notice period; please advise for the following consequences:
1) If my senior officials do not accept my resignation mentioning any reason (eg. No substitute available at this time, etc.), how can I get relief from this job?
2) If my senior officials do not forward my resignation letter and sit idle and try to torture me or put extra pressure on me to work or harass me by vigilance enquiry, and being unable to handle that torture I apply for some leaves due to my emergency duty towards my family, but the leave is not accepted by senior official and still I go to home town by sending an email informing the same and also mention that I have already submitted my resignation letter due to the same reason, then what maximum action company can take against me? Do the company have the power to force an employee to work who is not interested & has already submitted resignation letter and asked to adjust earned leaves against the notice period? Can I face any difficulty in getting my due payments (EPF, gratuity)? In that case how can I get back my due payments? Do the company have the power to forfeit some employee’s EPF or Gratuity amount?
3) Please advise how can I get relief from this job easily and also get my due payments in time?
Ms.Usha Kapoor
(Expert) 23 November 2017
FOR ALL YOUR GRIEVANCES YOU APPROACH high COURT BY FILING A WRIT OF MANDAMUS SEEKING REDRESSAL OF YOUR GRIEVANCES SOON BY THE MANAGEMENT AND RELIEVING ORDERS FROM THE MANAGEMENT SOON. You first issue a legal notice to the Management.
Ms.Usha Kapoor
(Expert) 23 November 2017
If you appreciate the above answer please give me likes.
Kumar Doab
(Expert) 23 November 2017
AQ....so NO reply.....
Kumar Doab
(Expert) 23 November 2017
Pls post with your ID and you can get many replies.................
Guest
(Expert) 23 November 2017
@ Anonymous querist,
Since you have not yet submitted his resignation, any such problem has not yet arisen in your service career, while Ms. Usha Kapoor has advised you to file writ of Mandamus in the High Court. However, for your clarification, you may better ask her, whether on filing the advised writ of Mandamus, the HC would give any order for the concerned authorities to act according to your wishes or the assumed problems in anticipation of the problem, irrespective of whether those arise or not?
You may however feel free to give her "like" for celebrating her time pass post without any relevance to your assumed problems.
Guest
(Expert) 23 November 2017
@Anonymous querist,
If you appreciate irrelevant advice by Mr. Kumar Doab (unreal name) through his 2 vague posts, you may give him at least 10 "LIKES."
However, you can feel free to ask him for what purpose he wants to know your ID, when himself appears with his fake name.
Dr J C Vashista
(Expert) 24 November 2017
No reply for an anonymous author.
