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shekars   19 February 2015

Deemed acceptance of the resignation

Dear Experts,

I have heard that there are many Supreme Court judgements which says that the resignation of employee is deemed to have been accepted if, the employer does not respond in time.

Can anyone let me know of such judgements please?

Shekar 



Learning

 9 Replies


(Guest)

Your assumption is true.

Anupam Sharma (Server Engg.)     10 March 2015

I m not a lawyer so do not tskey advise as gauranted. Infact, i am also facing similar problem and what i have researched is:- NO. Pls go through dr.baljit singh vs state of haryana, on 09-12-96; Union of india vs sayed muzaffar mir on 20-09-1994; 1995 AIR 176, 1995 SCC (1) 76; 1970-1-LLJ-13; Padubidri damodar shenoy vs indian airlines ltd on 10-09-2009: sharmaanupam88@yahoo.in

Kumar Doab (FIN)     10 March 2015

The backdrop/details of the matter should be posted in detail by the querist.

It matters.

chandrashekargr   23 May 2015

  1. The backrop is that I sent resigation on 6th Oct 14 clearly stating my last day of work would be 5th Nov and to let me know if there is any task pending else my notice period of one month to be treated as paid leave. This letter was delivered by hand as well as by RPAD
  2. on Feb 24, 2015 the company sends a show cause stating why i should not be terminated on the grounds of loss of confidence and passed a speaking order for my termination.

My contention is that why did they wait for so many days after my valid resigation ? they did not deposit by PF for Dec 14 which means my resigation is acccepted but they deposited it later which itself shows malafide intention. how can one deposit PF without salary being paid

In this context i raised the query is my resigation valid

Kumar Doab (FIN)     24 May 2015

The thread was initiated by querist: shekars

Now the name of the querist is changed to: chandrashekargr

 

The way the resignation has been drafted could have been avoided.

Now the termination is on record and needs to be contested.

Consult an able Labor Law Consultant/Service Matters Lawyer/Law firm in person with all documents on record.

chandrashekargr   24 May 2015

how can it be ? is not the employer duty bound to communicate non acceptance and also pay my salary ? one cant just keep remitting PF without employee being paid.


Attached File : 312253 20150524145753 69113414 2 resignation.pdf downloaded: 199 times

Kumar Doab (FIN)     24 May 2015

 All of this you can raise during arguements.

 

You may also go thru:

 

Termination can’t be presumed in the absence of specific order.  Del. HC 264
 

Unauthorised absence will justify termination:

  • P&H HC 267

 

chandrashekargr   24 May 2015

https://www.caclubindia.com/experts/non-acceptance-of-resignation--1960249.asp#.VWGddVWqr28

Kumar Doab (FIN)     24 May 2015

You have read from many forums.

Contest the termination orders on merits thru an able counsel.


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