Is your team leader your appointing authority, authority passed by company board to accept resignation, or an intermediate in HR process to recommend acceptance? Do you have copy of such flow chart? Or is he a manager, agent of the employer as per provisions of SE Act applicable to your state? You may look into the registration certificate displayed on notice board/reception/near gate and you shall find the details.
Did you give the resignation by hand and did you obtain/or he issued acknowledgment in writing?
Did your TL issue refusal acceptance of resignation in writing?
The reporting/superior authority is expected to forward the resignation (ideally with a copy to employee) to authority that is empowered to accept.
Did your TL forward your resignation at all?
Did you submit medical leave under acknowledgment?
The penalty of termination is too harsh. Company might have deducted up to 2% of wages.
But you were to be relieved on the expiry of the notice period. Hence this action of the company needs to be justified by company.
You are in which state? IESO Act might be applicable to your establishment and you may look into standing orders and list of misconduct.
Model Standing Orders:
13. Termination of employment,
14. Disciplinary action for misconduct:
.--(1) A workman may be fined up to two per cent of his wages in a month for the following acts and omissions, namely:
(3) The following acts and omissions shall be treated as misconduct
15. Complaints.--
17. Liability of 17[employer].--, 18. Exhibition of standing orders.--
You may look into SE Act applicable to your state.
SE Act e.g; Se Act Delhi:
(8) “employer” means the owner…………….means the manager, agent or representative of such owner in the said business;
30. NOTICE OF DISMISSAL:
1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months, without giving such person at least one month’s notice in writing or wages in lieu of such notice:
provided that such notice shall not be necessary where the services of such employee are dispensed with for misconduct, after giving him an opportunity to explain the charge or charges alleged against him in writing.
(3) In any case instituted for a contravention of the provision of sub-section (1), if a Magistrate is satisfied that an employee had been dismissed without any reasonable cause……….
COMMENTS
(a) Applicability of section 30
In the absence of any standing orders……….
the service of an employee who has put in more than three months’ continuous service cannot be terminated without giving him at least one month’s notice in writing or one month’s wages in lieu of such notice except where the termination of service is for misconduct.
It may also be pointed out that if the employer has preferred to dismiss or discharge an employee on giving one month’s notice or one month’s wages in lieu of such notice, it matters little whether the services are dispensed with for a minor misconduct or a major misconduct……………………… it is incumbent upon him to hold an enquiry and then to find the employee guilty of any of the acts of misconduct
(b) Acts and omissions constituting misconduct
……..That being so, it is difficult to see how the Delhi Shops and Establishments Act, 1954 is a complete Code in itself, giving to an employee, all the reliefs which he can get as a result of an award given on a reference made under section 10 of the Industrial Disputes Act and how section 30 of the Delhi Shops and Establishments Act, 1954 takes away the power of the Government to make the reference to a Labour Court or Industrial Tribunal and the jurisdiction of the Labour Court or Tribunal is in no way affected even by sub-section (3) which deals with the grant of compensation. Further the expression, “under any other law” occurring in section 24 of the Delhi Shops and Establishments Act, 1954, clearly means not “under a law replaced by the Delhi Shops and Establishments Act, 1954” but under any law which is operative and in force at the time of the coming into force of the
33.RECORDS.
(d) Can an Inspector require an employer to produce the record in his office for inspection?
33. INSPECTION OF REGISTERS AND CALLING FOR INFORMATION
41. WILFULLY MAKING FALSE ENTRIES
42. DETERMINATION OF EMPLOYER FOR THE PURPOSE OF THIS ACT.
You may approach a competent and experienced labor consultant/service lawyer with copies of all of your documents, give inputs in person and spend quality time to understand the nuisances and proceed under expert advice of your lawyer.
Your lawyer may opine that you fall within the category of workman and ID can be invoked.
Company may yield to legal notice by your lawyer, Demand notice, Inspector under SE Act, during conciliation proceedings……..
You have the option to approach civil court.
