Resignation and relieving

Querist : Anonymous (Querist) 14 January 2011 This query is : Resolved
I am working with ACC Cement as Chief Manager. I resigned on 18th Oct 2010 asking to get relieved from 1st Nov'2010. The notice period when I had joined in 1995 was 1 month but subsequently it was changed to 3 months thru a general circular.
After my resignation I was counseled not to leave the organization. I was verbally given assurance about my immediate carrier progression and a desired transfer to another location. Going by the words of top management I withdrew my resignation in writing on 24th Oct'2010.
Since then almost two and a half months have passed and in spite of my repeated requests nothing has been given to me.
In this scenario do I have a legal right that my resignation withdrawal letter stands invalid and I can be relieved from 18th Jan'2011 based on my resignation letter submitted on 18th October'2010 (completing notice period of 3 months)?
Kindly advise.

Follow Query

Report Abuse

s.subramanian (Expert) 14 January 2011
You have to resign afresh since the earlier resignation has been withdrawn in writing.The notice period also will commence afresh.

Kirti Kar Tripathi (Expert) 14 January 2011
Once resignation is withdrawn, the entire effect of resignation lost. What ever, you have stated it is not in writing so it has no binding effect. Further if you want to resign, you have to resign afresh. Moreover, the condition of extended period of notice can not be applied as it is unilaterally and unless you accept the same it is not binding on you.

Uma parameswaran (Expert) 14 January 2011
I am also supporting the suggestion given by Experts . S.Subramanian and Thirupathi.

Mallik Karra (Expert) 14 January 2011
You have to resign afresh and would even have to serve for 3 months, if your offer letter contains a clause stating the change in policies is binding on the employees....

Guest (Expert) 14 January 2011
If you have withdrawn your resignation based on 'written assurance', you can insist for treating the past date as date of resignation and can seek the period to be counted as Notice Period.

But, you have believed the verbal assurance which cannot sustain in the process of law.

However, you can highlight the whole issue through a written communication to your superior authorities and wait for their re-action. (sometimes it may work-out!)

Advocate. Arunagiri (Expert) 14 January 2011
Once you have withdrawn the resignation letter, you are in regular employment only not in the notice period.

If you want to resign issue a fresh notice.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries