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Author Topic: withdrawal of forced resignation, is it legally tenable?  (Read 1295 times)

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Offline sjm.nsk

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withdrawal of forced resignation, is it legally tenable?
« on: September 05, 2014, 03:21:30 AM »
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 labour court for forced resignation. Then the company emailed me saying that my resignation was accepted.Hence i want to ask you all learned people 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 donít 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?
 
So please guide me in this matter.

 

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