Iqbal Ahmed (Retired govt servant) 23 October 2008
H. S. Thukral (Lawyer) 23 October 2008
You give a notice of three months and then go on leave. The employer might not pay you for this period but conditions of the contract are satisfied.
Murali Krishna (Govt..Employee) 23 October 2008
Excellent answer from Harbhajan Thukral. However, if the leave is not granted, or if he does not have that many days of leave at his credit, (in this case, he had put in service of 18 days only), what could be the answer.
I feel that he may request the management to relieve him without insisting the condition of compensation, since here his resignation is on health grounds, a retired employee and his quitting is not to join in any other organisation.
H. S. Thukral (Lawyer) 23 October 2008
If a person is medically unfit, no employer can ask him to work. It will be violation of his Right to Life. The employer's has only right to resort to no work no pay. During the notice period the man is not joining any other organisation and therefore he should not bother about the relieving order of the employer. Hand over a notice and relax . You have done your part of contract. Donot bother about compensation.
H. S. Thukral (Lawyer) 23 October 2008
If a person is medically unfit, no employer can ask him to work. It will be violation of his Right to Life. The employer's has only right to resort to no work no pay. During the notice period the man is not joining any other organisation and therefore he should not bother about the relieving order of the employer. Hand over a notice and relax . You have done your part of contract. Donot bother about compensation.
Iqbal Ahmed (Retired govt servant) 24 October 2008
Thank you very much for your guidance.