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Guest (n/a)     07 December 2008

Forced to resign - Legal remedy

What is the legal recourse in labour law to person who is forced to resign from a firm/company?


 9 Replies

Shree. ( Advocate.)     08 December 2008

If you are an employee, you can approach the labour court in the according jurisdiction. File a suit to challenge the order of termination against the company.Better consult an advocate who deals with Labour matters.

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 December 2008

You can very well obtain an order from a court of law against the compulsion. But all based on the terms and conditions of your working place

A.N.sinha (Advocate)     08 December 2008

In a case of Forced Resignation one should immmediately send a letter to the highest authority of the management stating there  in the manner in which the Resignation letter  was forcefully obtained, against free will of employee. And by the same letter one should withdraw the Resignation letter forcefully obtained from him.

A.N.sinha (Advocate)     08 December 2008

after withdrawing the Resignation letter, one can file a case in Labour Court, stating this mode of Termination to  be covered in Otherwise Termination.

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 December 2008

What would be the remedy if the Highest autority is the person compelling the employee to resign the job?

H. S. Thukral (Lawyer)     08 December 2008

The remedy is same as in case of termination of service. If there is no word from the magmt. on acceptance of resignation, withdraw it. You can claim reistatement in service in Labour Law but the onus/burden of proving the forced resignation shall be on you. 

A.N.sinha (Advocate)     09 December 2008

No matter if one who compells to resign is the highest officer. Write letter to him & withdraw the resignation letter. If nothing positive comes then file the case within time limit in jurisdictional cLabour Court.

anand (advocate)     10 December 2008

 


 You must make compliant to near police station about forced resignation and forward it to government labour officer also. Make a panchnama about the incident and invoke u r resignation with the registered post mentioned that resignation was taken forcefully. Recently in case of mhow hosiery Madhya pradesh high court reinstated with full back wages of all the employee whose resignation was taken by the management forcefully

Akanksha   15 May 2020

A.N Sinha

Thanks for sharing your valuable feedback with us


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