Legal Question in Employment Law in India

I was working in a limited company on a post of Asst. Manager. One day HR dept called me and forced me to resign & took my punching card, also they did not bother to issue me the resignation acceptance letter. After 7 days i email them stating i have took back my resignation. Also i filed a legal case in labor court for forced resignation. Then the company emailed me saying that my resignation was accepted. Hence i want to ask you that after forcing me to resign & without giving anything in writing about my resignation, the company have not followed proper procedure. Only after receiving my email & legal notice, the company is saying that i have resigned on my own. But before their mail, i have already taken back my resignation. so 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. but in resign letter i have not mentioned anything about timeline of relieving. Hence by default my relieving period shall be as per appointment letter.

Also generally resignation letter is submitted to the HOD who after giving acknowledgement of receiving the resign letter, gives it to HR, but i my case HR called me in their office & pressurized me to give resign. on my resign letter there is no sign of my HOD. Is this not the proof of forced resignation?

I don�t have much proof of forced resignation, but what I want to prove is that the company have not followed proper procedure while taking my resignation. Hence I want to ask that taking back my forced resignation before receiving any written acknowledgement is legally tenable or not?


Asked on 11/04/14, 10:09 pm

2 Answers from Attorneys

in case the resignation was forceful and you reported the matter on time to the concerned authorities in writing, you may seek redressal of your grievances through courts of law.

Regards

Rajiv Gupta

Advocate

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Answered on 11/04/14, 10:49 pm
Fca Prashant Chavan Expert Edge LLP

05.11.2014

Dear Sir / Madam,

Had you not resigned, the Company would have terminated your services. Your HOD signing his / her acceptance on your resignation letter is an internal matter of the Company. The Company is liable to pay you the one month's notice period salary along with your full and final settlement dues, since they have asked you to quit without asking you to serve the notice period. Taking back of resignation is meaningless when the Company does not wish that you remain in their service. Don't waste your time, simply secure another job at the earliest.

Regards,

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Answered on 11/05/14, 3:33 am


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