CAN A RESIGNATTION TO A SERVICE CAN BE NOT ACCEPTED

Mr.C.V.Appa Rao,

Instead of Criminal Law this seems to be an issue concerning HR and at the most Labour Laws.  I would suggest to go through the Terms of the Employment Contract/appointment letter and model code of conduct which any organization has to subscribe in this regard.  In any eventuality there is provision for notice period.

Best Regards

Daksh

Submission of resignation is an offer on the part of employee.

Acceptance is the discretion of the organisation. It may even reject. There cannot be any deemed acceptance.

Kindly refer appointment order or terms of employment.

No one/company/employer can force you to work, if you are not interested, the only thing is, you have to serve the notice period or if any compensation part is there then you have to go foe the same, according to your appointment letter, thereafter you can quit from your job,

If still the employer is not accepting your letter or nor issuing reliving letter, then you can proceed according to Labour Law Act. 

But my suggestion is, It is always better to discuss with your employer, try to keep away yourself from the legal litigation part, you won't get anything from it, 

Don't ever think you can change someone......that’s a loosing battle....you will grow to resent each other.

As mentioned by our friend the resignation and acceptance of the same is an offer and acceptance. However it is bound by the terms and conditions of appointment letter.

If the Management is not discussing/informing you about the date of releiving, please issue a letter stating that you will be serving for the notice period and lateron will not attend to duties. Take acknowledgement. Management is expected to reply mentioning their reasons for (1) Not relieving (2) To retain your services with mutaul discussions/agreement (3) Relieve you (4) Any other reason/suggestion.

 If Mgt replies it is well and good or otherwise obtain direction to the Management directing them to act as per the terms and conditions of appointment order i.e, to relieve you once you complete the notice period.

No one can force us to work.

You have not stated in which capacity you are working.If you qualify as workman and the standing orders are applicable to you,then you can leave after a month's notice,notwithstanding absence of acceptance.In other cases your appointment terms shall determine the notice period.In any case you are not bonded labour and are free to choose your employer,od do any business of your choice.However if you are involved in any case of misconduct and the domestic enquiry has either commenced or contemplated,than your resignation may not be accepted.

Section 27 of the contract act barred the specific performance of the employment contract and at the most your employer can claim damages to the maximum of notice period amount.