Legal Question in Employment Law in India

Hello, I am anuj jain . I am working in Company Central for Development Of Telematics ( central gov. organization). I did not like the work here so i was trying other company and i got Other company so i resigned here on 11th april 2012 with 1 month notice period according to rules but they did not accept my resignation . Actually On 26th march 2012 from office lab company test mobile got lost. So they told me until the mobile enquiry will not complete we will keep ur resignation on hold. I used that mobile on 25th march 2012 and after used it i left it in office lab and left from office when i left there were 2 people there in lab. So if something is lost from office than how i will be related to that they are spoiling my career. i have to join my other company by 28th may 2012. My reliving date was 11th may but they did not relieve me and now they not telling any date of reliving

This is detail of all wat happen:

26th march : mobile found missing

11th april : i resigned from job

17 th april: On 17th april they given me 2 letters one is for keeping my resignation on abeyance. In other letter they told me to lodge FIR for lost mobile and if mobile will not trace the i have to pay the money they said in the letter.

24th april: i replied to letter as given : Sir, The above noted missed Phone was for general use by all the employees deployed on the project and not under my charge. Further I kept the same on 26.03.2012 as usual as per Procedure of department. Moreover, I had already informed the management regarding missing of the telephone instrument on 27-03-2012 and, therefore it was the onus of the administration to lodge the FIR with the police and also to take suitable departmental action i.e. preliminary enquiry etc. Thus how an employee under whose the above phone instrument was not in charge could be held responsible and be asked to ledge FIR. It is a matter of great surprise that management has not taken any action with regard to missing of telephone instrument right from the date i.e. 27.03.2012 on which I gave in writing to the management and issued a letter when I tendered my resignation on 12-04-2012. The above action of the department shows that the management is feigning to detain me as also to keep my resignation in abeynce, besides harassment and to torch my mind. I therefore again request you kindly to accept my resignation w.e.f. 11-05-2012 and relive me from my duties. Further I assure the department to co-operate in the enquiry if any, conducted by the management. After that i did not get any replied from them just they put the FIR after my letter . after that i mailed them 2 letter again but i did not get any reply for my reliving ..

After tat also i submitted 2 letters to them and requested to relive me but i did not get any response.

I am not getting any point if something lost from office how employee like me is responsible for that and that is also after office hours.

So pls help me out what should i do now i am just starting phase of my career and this is very important time for me to build my career. so pls help me what i do now if they not relieve me. I tried to convince other company but they are not allowing to join me without reliving letter. I also want to know that as i am already completed my notice period and i am still going office so if i stop going office will it create any problem for me and if i find any job and they allow me without reliving letter by showing resign copy and all proof wat i have then it will create any problem in future for me.


Asked on 5/22/12, 6:23 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

23.05.2012

Dear Anuj,

If the Company has already lodged the FIR for the missing mobile phone, you may request the Company in writing for the copy of the FIR if your name is mentioned therein. Based on the contents of the FIR, you may then represent your defence in writing to the concerned Police station copied to the Company.

If you are clean, the Police will absolve you of the case and they will convey the same to the Company, on the strength of which the Company will issue your relieving letter, to enable you to join the new Company.

You can mail me for any further on-line advice at [email protected]

Regards,

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Answered on 5/22/12, 11:01 pm


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