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Santosh J Mahalkar (Asst Mgr)     02 September 2014

Forced to resign, without giving acknowledgement letter

Dear All,

I was working in a limited company on a post of Asst. Manager. One day HR dept called me and forced me to resign, also they did not bother to issue me the resignation acceptance letter. So i filed a legal case in labour court for forced resignation. Hence i want to ask you all learned people that technically am i still a employee of the company as they have not given me in writing that my  resignation is accepted or not.

 Also as per appointment letter one month prior notice has to be given by both in case of any issue.  As per pactice resignation letter is given to the HOD who in turn gives it to HR, but in my case HR directly called me & forced to resign without giving acknowledgment letter.

So please guide me in this matter.

 

 

 

 

 

 

 



Learning

 5 Replies

Kumar Doab (FIN)     02 September 2014

Did you write notice of resignation or resignation with immediate effect?

Did you withdraw the resignation immediately in writing?

If resignation has not been accepted and acceptance is not supplied to you or even if confirmation of acceptance of resignation or even receipt of resignation is not submitted to conciliation officer/labor court then you may construe that you are still employee!

Forced resignation (if you can establish it………………………your able lawyer can help you) can be termed deemed termination and notice pay may have to be tendered......................................

Your lawyer may opine that you can claim retrenchment compensation.

Your lawyer may opine that Forced resignation is offence and you can lodge police/criminal complaint……………………..the onus to prove may fall upon you.

The company may deny that resignation was not extracted by force.

The company may claim that you are not covered as ‘Workman’ as in ID Act, ‘Employee’ as in (name of the state) Shops and Commercial establishments Act………………….hence Labor court has no jurisdiction……………………..and even the relationship is that of master-Servant and Specific Relief Act shall apply and contract of personal service can not be enforced in court of law.etc…………………………

Consult an able Labor Consultant/Service lawyer in person with all docs/evidence/witness on record…………………..

 

Let all docs, demand notice etc be examined by the trained legal eyes of your lawyer and let your lawyer evaluate merits and cover loopholes if any........... 

1 Like

Santosh J Mahalkar (Asst Mgr)     03 September 2014

1) I have not mentioned `with immediate effect` any were in my resign letter.

2) I withdrew me resignation after 7 days by e-mail.

3) After receiving my email & legal notice, the company responded saying that my resignation

     is accepted, before that the company gave me nothing in writing. So only after receiving the legal

     notice, the company told me that my resignation has been accepted. but in my email & legal

     notice i mentioned to them that i was taking back my resignation.

4) It is very hard for me to prove `forced resignation`, but i just want to say that proper procedure

    was not followed while taking my resignation. There was no verbal or written communication

    from company`s side till they received my email & legal notice.

 

hence i am seeking suggestions in this matter.

Kumar Doab (FIN)     03 September 2014

Did you mention the notice period being tendered by you?

If yes resignation can not be accepted before expiry of notice period.

Even if you have mentioned that in line with rules of appointment, T&C of appointment letter issued to you that may imply that you have tendered notice of resignation it may work in your  favor. 

There are many judgments that may help you e.g; 


-----" After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective."


-----The Bench said since a letter of withdrawal of resignation was submitted by the employee, "it was incumbent on the company to give effect to that letter".

"By not doing so, the company has acted contrary to the law and against the decision of this court and hence the action of the company deserves to be quashed and set aside", the court said, adding that "the action of the company in accepting the resignation of the employee from January 4 and not allowing him to work is declared illegal".

1 Like

Santosh J Mahalkar (Asst Mgr)     03 September 2014

1) No, I have not mentioned any notice period nor did i mention the rules of appointment.

2) I just want to say that after taking my resignation, the company didnot inform me wether it was      accepted or not.

3) After 7 days i sent a email stating that i am taking back my resignation. Also i sent legal notice at the same time but it took time to reach the company. the company sent me mail after 8 days of receiving of my mail saying that my resignation is accepted.

4) But i had already taken back my resignation. So it was only after receiving my mail that the company told me that my resignation was accepted.

5) What i want to prove is that the company did not followed proper procedure while taking my resignation. they forced me to resign & did not bother to inform me any thing about this incidence.

Kumar Doab (FIN)     03 September 2014

1. What did you write in resignation? do you have a copy? If NO did you demand the acknowledged copy?

If yes show it to your lawyer.

 

2. You may pursue your contention that procedure was not followed.


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