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BRIJ MOHAN SHARMA (computer officer)     27 January 2017

Cancellation a resignation law

DEAR SIR

I HAVE RESIGNED FROM MY JOB ON 16/12/2016 BUT AFTER FEELING NOT GOOD I DO FORWARD A CANCELLATION OF MY RESIGNATION ON 23/12/2016 BUT COMPANY NOT ACCEPTING MY CANCELLATION IS THERE ANY LAW TO FILE A CASE KINDLY HELP ME WHAT WE CAN DO I SERVE IN THE COMPANY 15+ YEARS

THANKS

B M SHARMA

GWALIOR



Learning

 29 Replies

Ritesh Maity (Labour Law Advocate)     28 January 2017

There is no law which can compel the company to take you back in service once you have tendered resignation. Only if you can prove the first resignation letter was obtained from you by force, then you have some scope, but otherwise not.

BRIJ MOHAN SHARMA (computer officer)     28 January 2017

DEAR SIR

FIRST COMPANY PROMOTE ME AND TRANSFER TO OTHER CITY BUT I CAN NOT JOIN THERE AND THE COMPANY DID NOT RELEAVE ALSO TO THAT PLACE BUT AFTER 8 MONTH AGAIN COMPANY TRANSFER TO AN OTHER CITY BUT THIS TIME COMPANY DID NOT PROMOTE ME THAT IS WHY I GIVE RESIGNATION BUT AFTER REALASIATION I FELT NOT GOOD AFTER 5 DAYS I SEND ANCELLATION OF RESIGNATION IS THER ANY POSSIBILITY TO FILE  CASE AGAINST COMPANY IS THIS NOT PROVE THAT COMPANY FORCE ME TO RESIGN

THANKS

Ritesh Maity (Labour Law Advocate)     28 January 2017

If transfer is a condition of service i.e. mentioned in your terms of appointment, then you cannot do anything against it irrespective of whether you have promoted or not. Company can transfer you to any place without promotion too and there is not illegality in it. 

You are always free to file a case. But before that make sure (may be in consultation with a lawyer) you have solid grounds before filing a case, otherwise it will be waste of time as well as money.

Kumar Doab (FIN)     29 January 2017

Employers, Line Managers, HR personnel do not favor employees that act on impulse.

One option is to convince them that you have no more wavering mind and shall join and perform.

 

Employer by its sweet will can regularize the gap by approved leave and allowed continued service.

Obtain written approval/confirmation for it.

 

This can be the easiest and quickest relief.

Kumar Doab (FIN)     29 January 2017

At the same time try and get another good employment ASAP.

The gap in employment may affect your scope of negotiation for another employment.

The gap of few days if any can be explained.

Spend good time and efforts on it also. 

Kumar Doab (FIN)     29 January 2017

 

Has the company declined to allow withdrawal of resignation, in writing to you?

If yes what is the reason conveyed in written communication to you?

 

Did you resign with immediate effect or tendered notice of resignation?

Has your resignation been accepted?

 

If resignation was not accepted, before you submitted withdrawal of resignation, then you may have a chance to succeed, subject to servie rules/conditions applicable in your case.

 

However in that case your transfer without promotion may still not be revoked.

 

In case of a dispute, the company may effect termination at new location, if you are allowed to join.

 

If your own efforts have failed to fetch any relief then approach a very able counsel specializing in Labor/service matters with all docs on record.


(Guest)

MR. DOAB,

WHY ARE YOU AFRAID OF POSTING YOUR REAL ID & PHOTO IN YOUR PROFILE?

Kumar Doab (FIN)     31 January 2017

Dhingra,   YOU ARE NO ONE AND NOBODY TO DEMAND ANYTHING FROM ANY BODY.  

YOU ARE NO ONE AND NOBODY TO SET ANY THING FOR ANYBODY.  

DON’T YOU SEE NO MORE NOBODY SHALL BE CONCERNED OF YOU, LEAVE APART BEING AFRAID OF YOU.  

YES, YOU HAVE THREATENED ME THAT AS A RESULT OF YOUR THREATS, YOU WILL COME IN MY DREAMS.  

YOU HAVE BEEN AND YOU ARE HELLUCINATING.

NOW LEAVE AND DON’T COME BACK.  

BRIJ MOHAN SHARMA (computer officer)     31 January 2017

dear sir

i resigned on 16/12/2016 and written that 17/12/2016 is my last day of my duty but till now I have not received letter that resigned acepted but a letter from immediate reporting office given to the office head that please do available the pf setellement document of the worker (me) this is the matter will u help me

thanks for ur concern about me 

BRIJ MOHAN SHARMA (computer officer)     31 January 2017

brij mohan sharma is my real id only profile photo no set yet

thanks


(Guest)

Dear Brij Mohan Sharma,

I have not asked for your ID/photo, but Mr. Doab, who is advising the querists with his fake ID and photo.

 

Kumar Doab (FIN)     31 January 2017

Dear LCI querist @Mr. Brij Mohan Sharma,

 

The advise to send PF settlement forms is not acceptance of resignation letter.

Your immediate offcier might be a administrative post to forward the resignation, and not neccessarily authortiy to accept resignation.

The advise to send PF settlement forms can be a part of his own initiative as well.

 

Try to meet officials that matter and resolve by applying your skills.

The employer can by its sweet will take you back.

This shall be quickest and easiest way out.

 

Or gather evidence that your resignation was not accpted and you have withdrawn resignation before acceptance.

 

 

 

Kumar Doab (FIN)     31 January 2017

Dear LCI querist @Mr. Brij Mohan Sharma,

Don't bother for your photo.

It is not required at all.

Focus on resolving your matter.

 


(Guest)

But you must bother for the the real ID, photo and the location of the poser advisor.

 


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