Hari Singh (job) 15 October 2013

Against resignation

Dear Expert,

I explain you what happened with me, it was big tragedy in my life. i was working with MNC company as manager and one female was also working in same company as trainee, she was relationship with me since 8 month and everythinh was closed with me and between her. there was some misunderstanding create and her female has complain female harrassement against me and it was found, prove is that i was call to her and she was not pick my call. her do complain and stop the pick my call, one mistake done by me, i was call to her company SIM.

company has taken resigned with me forcefully without given time to explain yourself, i was written on resignation letter " due to personal reason ".

after resigned i was discuss to her with parent then she has withdraw the complain but company has not agreed .

Kindly suggest to me , what should be do, can i found our job in same company, if i am going to labour court , what will situation at least or worst situation.

i am not left this company because my future is very bright there, my boss was try with huged effort to come back the company but HR dept. has regid.

So suggest me , firstly say what is the possibility

2nd if i am going to labour court, what is the situation as minimum and worst so that i could be decided properly.

Reply Follow

4 Replies

Advocate Rohit (Advocate) 15 October 2013

if the complainant withdraws her complaint then the company should re-instate you at the job. it could be that the company might have already appointed someone else on your behalf, thus they might be reluctant to take you back. Have the company communicated about the complaint in writing or by email???? please confirm.

Further, company had not terminated you on the grounds of morality and unethical behavior, you had yourself resigned on the personal ground. so without evidence it would be difficult to prove your case against the company.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Hari Singh (job) 15 October 2013

Thank You Sir for your valuable advised.

1. Complainer withdraw the complain in written form and i have copy of that with signed of company HR Guy.

2. My position is vacant still now.

3. HR guies threatening to me given of resigned, can i arise this issues with labour court. i am not proper signed on resignation letter.

4. Can I withdarw our resignation if co. already accepted on this ground that co. threatening to me.

if need any information kindly tell.

here also attached complain withdrawal form.

Kumar Doab (FIN) 15 October 2013

Other threads initiated by the querist;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=64348&offset=2#.UlzrhNKAqWN

https://www.lawyersclubindia.com/forum/Against-resignation-90471.asp#.UlzsctKAqWM

If resignation is not signed it should not be accepted.

Probably you have no other employment at hand that is why you are contemplating to be in the same employment.

Employee can withdraw resignation if not accepted...............................................before expiry of notice period....................

However the company may dazzle you with termination.

Firm up your next venture as ap.

You have faced enough in this company.

Sudhir Kumar, Advocate (Advocate) 15 October 2013

SHE HAS NO COMPLAINT AGAINST YOU BUT COMPANY CAN STILL CONTINUE WITH THE CASE AGAINST YOU. It is not a civil suit that she filed. Moreover it is not dismissal rather resignation case.