Guest (n/a) 18 November 2008

Forced to resign

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

17 Replies

H. S. Thukral (Lawyer) 18 November 2008

Forced resignation tentamount to 'Termination of services'. Employee shall have to prove that the resignation was secured under force.

K.C.Suresh (Advocate) 18 November 2008

There is no such one as forced resignation. If it is proved as forced there is no resignation at all. approach the labour court.

Vikas Kr. Sinha (Labour Lawyer Ranchi Jharkhand) 19 November 2008

It is true that there is no such term as 'Forced risignation'. So it has to be proved before the Labour Court that the management obtained resignation under thret/coersion or by applying Force against the employee's will.
The burden of proving this fact will be on the employee.

Therefore, if such resignation is obtained by the management, the employee should immediately write another letter for withdrawal of such resignation on the principle of Locus Panetentai.
If the management, in preence of withdrawal of letter, accepts the earlier letter, then it will be easy to prove the intention of the management.
Regards,
Vikas.

A.N.sinha (Advocate) 21 November 2008

Forced resignation cases are covered under " Otherwise Termination" You have to prove only How & under what circumstances the resignation was obtained from you.

A.N.sinha (Advocate) 21 November 2008

specifying the acts of each individual role in obtaining the resignation.

A.N.sinha (Advocate) 21 November 2008

specifying the acts of each individual role in obtaining the resignation.

JAYANTA BANERJEE (ADVOCATE ) 21 November 2008

To take the company to court and prove that the resignations was taken by force

Keshav Kumar Saxena (Service) 16 January 2009

Dear Sir,

Difference in Basic & DA since appointment due to being not technical employee but treated in technical grade with a difference of about 300 pm since 1994 is recoverable ?

Keshav Kumar Saxena

Vikas Kr. Sinha (Labour Lawyer Ranchi Jharkhand) 16 January 2009

Dear Keshav,

Your case is that the technical persons are getting Rs. 300/- per month more than what you are getting. Though, you are also performing the same job.

If your company falls under the definition of 'Industry' withing the meaning of s. 2(j) of I.D.Act and you are a 'Workman' within the meaing of s. 2(s) of the Act. Then you can raise an Industrial Dispute before the appropriate government and after the case being referred to the labour court, your case can be adjudicated properly.

Your case is required to be referred u/s 10 of the Act because u/s 33C(2) you will have to prove the existing right over your claim, which may be difficult for you as your are not having technical qualification. What you are having is, the experience, which is question of fact and the same required to be proved in course of evidence.

As such in my openion it will be better to get your case referred before the Labour Court. You will deffinately get unpaid wage.

Abhishek (law student) 22 January 2009

Mr Vikas Kr. Sinha is absolutely ryt...gud work sir..

H. S. Thukral (Lawyer) 22 January 2009

I am to refer to the reply of Mr. Sinha .

what would you suggest if the dispute is not espoused by the union or fellow workmen ?

H. S. Thukral (Lawyer) 22 January 2009

Dear Mr. Sinha. What if the Union or the fellow workmen do not take up the case of the workman and not espouse the dispute.?

Vikas Kr. Sinha (Labour Lawyer Ranchi Jharkhand) 23 January 2009

Well,
Mr. Thukral has raised good question.

No body knows the fact that whether Mr. Keshav has got the support of Union or not.

If for the purpose of academic discussion it is presumed that he has to fight alone without the help of any Union or fellow workmen, then there is no option left but to file a case u/s 33C(2) or if the company falls under the definition of "Establishment" he may file a case under Shops & Establishments Act of the State.