Resignation letter
SHASHIDHAR A
(Querist) 11 September 2013
This query is : Resolved
Dear Sir,
One of our employee resigned. Post which she opted to withdraw but the Management did not accepted her request. Now the case is in Labour Court.
Now the Court has sent summons asking to produce original RESIGNATION, email correspondences and Employee Id Card. Unfortunatly we lost ORIGINAL RESIGNATION letter, we do have email correspondences and the employee has not surrendered her Employee ID Card.
We can produce the correspondences and will mention that the employee has not surrendered the ID Card.
The advise required is as we lost ORIGINAL RESIGNATION, can we submit PHOTOCOPY OF RESIGNATION by mentioning CERTIFIED TRUE COPY and getting attested by Head of Unit. Will the Court consider this copy towards Evidance or are there any other ways to solve this issue.
Humbly request to provide solution to this issue.
Sankaranarayanan
(Expert) 11 September 2013
Really surprised that you misplaced the resignation letter. Then how you got copy of the same. Is any documents of communication with the employee.
Sankaranarayanan
(Expert) 11 September 2013
Really surprised that you misplaced the resignation letter. Then how you got copy of the same. Is any documents of communication with the employee.
SHASHIDHAR A
(Querist) 11 September 2013
Dear Sir,
Thank you for your quick response. We had taken a photocopy of the same and kept the original safely. But unfortunatly it got misplaced at a later date.
SHASHIDHAR A
(Querist) 11 September 2013
We do have communication in email mentioning that the Management has not accepted her resignation and will be relieved as per the policy of the company
Sankaranarayanan
(Expert) 11 September 2013
Are you have the request letter with you. In that letter she might have indicated about her resignation and request you to withdraw. What alegation she pointed in her case
ajay sethi
(Expert) 11 September 2013
company can afford legal fees
SHASHIDHAR A
(Querist) 11 September 2013
The employee had mentioned personal problems but later she wanted to withdraw the same. There are no other reasons.
Yes Sir, we have already appointed an Advocate to deal this matter. Now the question is as the Court had summoned to produce ORIGINAL RESIGNATION which we do not have. We are are seeking your valuable suggestion on what are the alternatives we have. We do have the photocopy of the same where the employee has signed and it is also mentioned that the resignation has been accepted by her reporting Manager
ajay sethi
(Expert) 11 September 2013
state on affidavit original has been lost . the person who has taken out photo copies has to state on oath that he has done the copies . original has been lost .
SHASHIDHAR A
(Querist) 11 September 2013
Dear Ajay Sir,
Thank you for your advise. Please let me know on what amount of stamp paper the affidavit has to be made.
The HR Manager of the Unit has taken the photocopies. So is it fine if the HR Manager makes an affidavit and takes oath in the court on the day of hearing. He will be representing the company on this matter.
SHASHIDHAR A
(Querist) 11 September 2013
Or the oath has to be made in the affidavit and the same can be mentioned during the stage of Evidence and Cross Examination
Guest
(Expert) 11 September 2013
Mr. Shashidhara,
May the Labour Officer get convinced about non-deposit of the ID Card by the worker, but surely, he would not get convinced that your organistion could take a photocopy out of a non-existing original document. I can apprehend, either your HR department is so careless to not have been able to maintain the records properly, or someone of the HR dpartment would be helping the employee by replacing the original document out of the record, or due to misplacement would have taken a photocopy on request from the worker, or your HR Manager and the concerned executive may not be interested to present the original resignation letter due to his inefficiency in not dealing the resignation letter timely and lawfully.
So far as certified true copy is concerned, that also depends upon the existence of the original document. The question arises, how that can be treated as certified true copy when original document is not existing. A photocopy can be manipulated to any extent. Suppose, on your presentation of the so called certified true copy, the worker places another photopcy with differently modified contents, how as a Sr. Manager you would like to justify yours or your HR Manager's position?
SHASHIDHAR A
(Querist) 11 September 2013
Dear Dhingra Sir
I completly agree with you. We lost the document due to negligence of concerned HR Officer in safe guarding the document.
But now, what we need to explore is on the alterenatives available in the absense of original document so that it can be produced to Court as an Evidence.
Please help
Guest
(Expert) 11 September 2013
Dear Shashidhara,
When the document is lost, better make an open admission by stating the truth about misplacement of the document due to the negligence of the HR Officer, rather getting treated as a cheater or intentionally not presenting the original document on being cross-questioned by the opposite party or the Labour Officer.
Please be aware, there is no substitute for the original.
Rajendra K Goyal
(Expert) 11 September 2013
Well advised by the expert PS Dhingra ji. Nothing more to add.
