Legal Question in Employment Law in India

I was forced to resign in a manner mentioned below. Do I have legal remedy and can I get stay on my forced resignation?

It was on 19th June 2009 that I was asked to see unit head Muri Works. In his office president HR handed over an envelope to me in the presence of president chemical business, unit head and HR head. The envelope contained termination letter and a cheque for Rs two lacs twenty one thousand seven hundred fifty seven. I refused to accept termination order & returned it back on the basis that no reason for such a drastic action against me is mentioned in the letter. Photocopy of the termination letter is attached for kind perusal.

On my refusal to accept termination letter, president HR issued verbal orders to HR head to paste my termination order on the notice board, stop my entry into the office/plant and throw my family out of colony. In protest of what was happening, I sent resignation to the unit head by email and put a hard copy before him. The resignation was not accepted on the basis that it mentioned violation of principles as the reason for separation.

Same day on 19th June while leaving office after duty hours, I found my attendance card was not working and company mobile has also stopped working. Further on reaching my company quarter, I found that the termination letter has been served to my wife. I went back to talk to unit head but was refused entry to the plant. I was told that since my services have been terminated I have no business to go to office/plant anymore unless I sign the resignation letter as drafted by higher management. Finding higher management behaving in such a manner, I appealed to CPO on telephone against the manner I was being treated & against arbitrary termination of services without any reason. I also sent a written appeal to CPO and MD. But my attendance, entry to the office/plant and SIM card were kept blocked. Mr. Vineet Kaul, having authored drastic action against me without any reason, remained silent. I found myself left with no option but to sign resignation letter on dotted lines which was done on 22nd June.

So I was forced to resign from the services of Hindalco Industries in the manner stated above without having committed any fault or fraud or performed badly. On the contrary I have consistently given good performance over last seven years that I have spent with the company.

My fulfillment of target/goals set by higher management in 2008-09 has been �far exceeding expectations (FEE)�. Performance document 2008-09 is attached for kind perusal. My contribution towards survival of Muri plant has been very creditable. Yet the professional leadership has acted in most unprofessional, unethical and unconstitutional manner.


Asked on 8/26/09, 2:23 am

1 Answer from Attorneys

Rajiv sharma India lawyers

You can approach to the court and will get your job back.

Good luck

[email protected]

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Answered on 8/26/09, 8:16 am


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