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amit nehete   17 August 2020

Immediate resignation not accepted, salary pending.

Dear Sir,
I was working as an UGC approved assistant professor at a private engineering college. I had wholeheartedly worked there for five years 11 months even though salary was highly irregular there (sometimes 6-7 months).  I got offer letter from another reputed institution during Diwali 2019 holiday, then I informed my HoD on phone and resigned immediately  on email and  joined the new institute immediately as there was an urgent  requirement and I did not want to miss it.
Pending salary at that time of resignation was of four months (July to Oct 2019). I could not serve any kind of notice period. They refused to accept resignation by mail and asked  me to join immediately stating that I am a good teacher so students relying on me, complete the semester and then they will accept my resignation formally.  I had already joined the new institute.

I have  also given  previous college a written resignation. The remark given by HoD in front me was only "forwarded to principal".  However, later when I met principal to convince ,  I found bigger remark  that my semester  is incomplete and work remaining and all on it.  This remark is not written by HoD but the principal. However  principal is saying its written by your HoD and he can't accept it as its showing my  remaining work. In short, they have neither accepted not rejected my resignation. I met them 4 -5 times and tried to convince them for  releaving letter and due salary but they didn't entertain me at all.
That Principal is threatening me to inform at my new workplace and ask them how they joined me without releaving letter from previous employer and he will also send a letter  to me that I am absconding from work. When I met principal  last time in the last week and requested for may salary, he asked me to submit fresh resignation letter and told that submit it and then they will think and do whenever they want as I am not their priority.
My due towards previous employer are:
1) Three months (August, Sept, Oct 2019 salary)- July 2019 salary was also due but they credited to me in February 2020.
2) Examination remuneration from May 2017(University provides this in advance to college to reimburse to professors, yet its not given)
3) PF
4) Gratuity
Note: Its clearly mentioned in my appointment letter that either  party can terminate the order by three months notice or three months basic salary.

My expectations are cut my three months basic and release my due salary and other amounts as well as releaving letter.
My questions are:
Shall I give  fresh resignation letter as they're demanding?
Can he legally inform my current workplace and take action against me?
Can I take action against him, if he does so?
Can I get the gratuity? They haven't given to a single person who has left so far.
I am also afraid that I will get worse remark in releaving letter. (Though, my tenure was very good there and I have never got any memo or adverse remarks for anything during service.)
Kindly Help.



Learning

 2 Replies

Ritesh Maity (Labour Law Advocate)     17 August 2020

Shall I give  fresh resignation letter as they're demanding?

No.

 

Can he legally inform my current workplace and take action against me?

He may take.

 

Can I take action against him, if he does so?

You can always have your right to defend.

 

Can I get the gratuity?

Only after cessation of employment

 

Prima facie it seems that you did violated the terms of your appointment. You letter of appointment speaks about 3 months notice period or basic pay in lieu thereof. Since you were unable to serve the notice period, while giving your resignation did you requested the management to either adjust the notice pay from your outstanding salary or you are willing to pay notice pay instead of serving notice period. If you have, then you have a decent case. 

Though your ex-employer may not be in a position to harm you legally, but obviously they can inform about your activity to the current employer. So you are the best judge to decide whether you want to fight with your ex-employer and get your dues or not. 

P. Venu (Advocate)     18 August 2020

Apparently, your resignation has not been rejected. Hence with the passage of time, it is deemed to have been accepted. As such, there is no contract of employment and employer has been divested of any authority to initiate disciplinary proceeding. Of course, the employer can initiate civil action for breach of contract, if any.

The current employer cannot take any action for the past incidents with the former employer.

However, a fresh resignation letter would place you in a vicious circle.

You are entitled for salary less the notice pay, if any. You are entitled for gratuity.


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