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sham   22 February 2018

Conditional resignation , condition not fulfilled ,

Hello All Experts,

                                  Good Evening

I was a workman since 2000 ( 17 years service)  in medicine  manufactring comapny  in Himachal Pradesh,   recently one year back due to company non-payment of wages and suffocated working culture, my HR asked me to  resign and offer additional amount of Rs 10.0 lacs if i submit the same , under compelling and unavoidable circumstance i agreed and  a written agreement was worked out signed by HR and me stated all conditions and pending dues .

I tendered my resignation on 15-03-2017  ,  i stated in the resignation letter itself that i am resignning from the service condition to settlement of all my pending dues as per the agreement .

After that my employer has violated that agreement by not settling all pending dues , means dues settled are partial and few are  still pending  and employer is not responding to my letters and keeping an adamant attitude in replying to my demand notices.

Even i am   not provided my experience letter of 17 years service and relieving letter depite my several reminders and this denial is hampering my future job search.

I have even sent the employer the legal notices and employer is still not responding and ultimately i am preparing for legal case so following are my queries ,please do help me in proceeding further

A------ Where to lodge the case , Labour authorities or civil court ( i was workman this is proven as no supervisory role at all)

B------ As my resignation was conditional , stated in resignation letter itself that i am resigning from service  subjecting to agreement duly signed by HR and me and conditional to setllement of all pending agreed dues,

   B2      -------   Does    violation of not settling  all dues does make my resignation null and void and ineffective?

C----- denial by employer in issuing my experience letter and relieving letter , hampering my future job search  , can i claim compensation or wages of this period ?

D--- I do had written the employer with proper acknowledge of receipt asking to either settle all my pending dues  as per agreemnt or allow me to join the duties as conditional resignation is null and void due to violation from employer side in not settling all pending dues, aginn employer not responded.

Thanks in advence



Learning

 3 Replies

P. Venu (Advocate)     23 February 2018

What are the reliefs that you are seeking - is it reinstatement because the anomalous nature of the resignation or, non-fulfillment of the agreement?

sham   23 February 2018

Hello Venu Sir G and all members contributing  this noble cause

                             i am seeking the  the standing of accepatability of resignation when conditions not fulfilled i.e reinstatement or pending dues plus wages from date of resignation till pending dues get settled , means gap period of resignation date to till date dues get settled.

                            Better you suggest me what should be my relief ?

                            Regards

sham   24 February 2018

helllo all experts,

                                     do help me in providing your exper opinion please, i am in need of it

                                     thanks


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