I was working with US MNC for 20 years as Asst. Manager but my role was mainly clericle job and not supervisory. My HR Director and HR Manager called me on 20/12/2017 and asked me to resign or ger terminated. I did not submit or sign resignation letter but they got me signed on resignation acceptance letter which was already kept prepared by them and relieved me on the same day. The resignation acceptance mentioned date of relieve as 20/12/2017 same as resignation acceptance date and it was also prepared on the same date i.e. 20/12/2017. I was supposed to give one month notice as per my appointment letter but instead they gave me three months notice period payment when they processed my full and final payment which was directly credited to my bank account without my consent or verification or sign in the full and final statement. Again they settled my full and final payment on 10/01/2018 before expiry of my notice period ending on 20/01/2018 considering their fake resignation. Now to my surprise when they realised that there was no resignation from my side so either the company HR or the company lawyer prepared my resignation typed in computer using my scanned signature available in company record and have presented hard copy of my resignation in the court. The resignation they prepared is also dated 20/12/2017 and states "that I am resigning due to my personal reason and request to relieve me at the earliest." Thus resignation, acceptance and relieving all on the same day before expiry of notice period of one month and f&f payment also before expiry of one month. I had taken up the matter with US management who wrote me that my employment was terminated due to unsatisfactory performance! I believe this is quite unique case and need advice from experts as I believe this as constructive illegal termination. I request some links to supreme court judgements to support my case.
