Legal Question in Employment Law in India
And the question is:
Dear sir I am sending few query related to my case like I have some question once pharma company has terminated me in probation period than how they can accept my resignation after 7 days of my termination.my joining date was july 2010. They have terminated me on 14.12.10 through mail and send a hard copy to me and by the evening of same day I resigned but they have accepted on 21.12.10 via mail and send me hard copy.I accept that as per clause 1 b they can terminate me but they have terminated me on the basis of poor performance as well as clause 1 b.most important they never gave me any target sheet even they never gave me warning letter. Now tell me how my termination is jusified.I went to labor commissioner With all the detail and submit all the paper. Where employer reply m� in written regarding termination and resignation,they said in their 1st reply "the employer company accepted the resignation of the applicant w.e.f 21st december 2010 vide its letter of even date and requested the applicant to complete the necessary formalities for an early settlement of his dues". And in there 2nd reply they said "it is immaterial as to the date on which mr ravi jain was terminated on 14.12.2010,the employer company had terminated the services of the applicant mr ravi jain.than the applicant sought extension and thus he was freshly terminated on 21.10.10.the Ld. Tribunal's attention is drawn to the email dated 14.12.10 of mr ravi jain which states as under" Dear sir, Due to some personal reason I will resign at the post of r.s.m at agra h.q. On 31.12.10. I request u kindly accept my resignation.send the acceptation of the same.infuture if I have got chance than I would like to work again Regards Ravi jain note....they have submitted both the reply in written to labor commisnor.and moreover they send me the acceptation copy of resignation on 21.12.10 Rather than again termination copy.what they have wrote in the resignation acceptation copy on 21.12.10......." Dear mr jain We are in receipt of your e mail dated 14 dec 10 submitting ur resignation as or RSM . Please note your resignation is accepted with effect from 21.12.10. In view of the acceptance of ur resignation ,u r hereby advised to complete the following formalties for prompt settlement of ur account.Submit the company property like visulate". Now you tell me on this what I should do.and how can I benefited. What should I speak to labor commisnor as well as labor court so thing will come in my favour Q.1 after termination employer can accept resignation or not after 7 days. Q.2 they gave me the post of RSM how can I prove that I came as workman. Q.3 company is from delhi and my h.q. Was agra.company said case should be in delhi court as per appoientment letter.company has only HO in delhi they don't have any regional office accross india Q.4 I went to labor commisnor after 8 month of my termination coz I was jobless and in between I have worked in bombay based company for two month.company said I have got job after termination so there is no fun to go labor court.I gave reply that I was there as trial basis.tell me how this thing come in my feavour. Please help me out I am eagarly waiting your reply. Thanks Regards Ravi jain Agra
1 Answer from Attorneys
As adviced already, you are not a workman.
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