Are you a member of any employee’s/trade unions like CITU/INTUC/BMS/AITUC etc…….?
If yes the union leaders know the precise ways to handle such matters.
While you are in employment you may download /service conditions/ service rules and regulations/conduct and discipline rules/exit policy/employee handbook/certified standing orders, appreciations/awards/rewards/incentives/appreciations/attendance/appraisals….. etc, as later the company may block access to everything.
Did you record (audio/visual/minutes/witnesses) the meeting with HR personnel during which it was stated that :::::::they have no information of notice of resignation submitted by you::::that termination notice is passed and sent by them::::and their demand e.g. resignation shall be accepted from back date (4th Feb) and notice period shall be waived off or you remain in service from date of termination notice (which date is not posted by you) upto 12th March?
The question of acceptance or acknowledgment of termination notice by you arises only if it has been supplied to you!
Moreover if termination notice is issued after date of your notice of resignation than it should be after some charge is leveled against you for any transgression committed by you and in such case show cause notice should be issued, domestic inquiry be conducted and a speaking order be passed!
Apparently the termination notice (if at all it has been issued and supplied on record) is issued after you have duly supplied notice of resignation by email and ………….probably after you have supplied the printout signed by your boss!
Is your Boss an authority to recommend acceptance/accept resignation::::or media to post notice of resignation as per any policy of the company?
Has your boss forwarded your notice of resignation by email for acceptance? If yes obtain such copy, too!
Upon receipt of copy of email dated 4th Feb (intimation i.e.notice of resignation by you, from a future date)………………the HR personnel should have supplied the detailed exit formalities to be completed by you, if any! Rather they maintained silence! You may check if they supplied any such communication/reply to your boss! If yes obtain a copy! If NO, obtain remarks!
Evidently NO opportunity of natural justice has been granted to you!
Has the company issued and supplied termination notice/order:::: does it state reason for termination?
Has the company ever supplied any show cause notice to you for any transgression by you that would lead to domestic Inquiry and termination, as per service conditions/service rules and regulations/conduct and discipline rules applicable to you?
Is the HR person your appointing authority? Is the HR person empowered by any board resolution as appointing authority, authority to accept or reject resignation and issue termination order?
Has this HR person ever replied anything to your email tendering resignation?
If resignation by email is not acceptable then the HR person could give some trouble to his/her body and punch in few lines in his computer and reply by email::::::after all he/she is paid for it! The copy was marked by you to HR and this is on record!
Your boss has already posted some comments on printout of notice of resignation…………..you may show it your lawyer. Have you minuted in writing under proper acknowledgment that you have submitted it in persona also to HR?
What is your designation and nature of duties?
Do the standing orders (Certified/Model) apply to establishment? If standing orders are applicable but are not certified then Model Standing Orders shall apply; and you may go thru Sec14!
If standing orders are certified then do CSO (certified standing orders) cover your designation?
The office where you are located/stationed/attached as per some written communication/office order is registered under which Act: e.g. (name of the state) Shops and Commercial Establishments Act?!
Does the appointment letter/service conditions/ service rules and regulations/conduct and discipline rules/exit policy/employee handbook/certified standing orders etc …………..state that notice of resignation by email is not acceptable…………………………(You have submitted notice of resignation and it can be by any means including a telegramme!!!)…………and that company can accept your resignation before effective date of resignation/expiry of notice period tendered by you (employee)……………………….and that it can waive off the notice period in such case……………and that notice pay in lieu of notice period can be tendered by employee and employer (confirm for both: employer and employee) ………………..and that notice period tendered by employee and employer (both employer and employee) can be extended by employer by explaining any reason/without assigning any reason????
If notice period applicable to you is 30 days then why termination notice issued by company will expire on dated 13 March? What is the date of termination notice:::::4th Feb,2015 or after it?
Generically speaking:::::i.e. without examining service conditions applicable to you::::the resignation can not be accepted before expiry of notice period tendered by employee! If company does then it has to tender notice pay in lieu of notice period (@ as stated in various enactments applicable to establishment where employee is located/posted) applicable to employee……………subject to acceptance of notice pay in lieu of notice period by employee in such case!
There are various threads and judgments that your Labor Law Consultant/service matters lawyer/law firm can quote e.g.
https://www.lawyersclubindia.com/forum/Regarding-non-acceptance-of-my-resignation-85821.asp#.VN8-YoKqqko
https://www.lawyersclubindia.com/experts/Termination-after-resignation-521426.asp#.VN8_EIKqqko
Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers
https://indiankanoon.org/doc/1452145/
11. 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
Your Labor Law Consultant/Service matters lawyer may ask you some structured questions and may opine that you are covered as ‘Workman’ as in ID Act and ‘Employee’ as in (name of the state) Shops and Commercial Establishments Act……………………..the conduct of HR personnel is bad and amounts to threat/coercion/intimidation…………………and if the termination notice is not served before receipt of notice of resignation the termination may be invalid!
You may spend quality time with your counsel and let your representations be drafted by your counsel.
