Resignation to sustain livelihood is deemed terminatnation?

No such term, as deemed termination is there. Termination should be in clear terms and validly made after observing due legal formalities, as per service conditions.

Your legal dues/ terminal dues were not subject to any agreement. Those would have been paid automatically as of a genuine legal liability of the employer. So, you can very well represent that the agreement was got made by the employer under duress from you, otherwise you could have been made starved of funds for legal fight for justice as well as your family's livelihood. So, any agreement under threat or coercian is vilative of law.

In your other threads you have discussed and pointed out that employer has violated its own agreement.

Dear all and Mr.Kumar Doab,

                                                   yes, it is true employer has violated the agreement too by not paying the dues as per law and now not responding to my representations  , i wish to lodge now the case and confirming it from your expertise should i lodge the case of agreement violation or both deemed termination and agreement violation .

                                                   I am in better position now to fight the legal battle and sustain the livelihood as employer has credited my funds in to my account except few pending.

                                                  So can you please guide me should i lodge the case of agreement vilolation under section 25-F of unfair labour practices  or Deemed  termination asking the court to declare my resignation null and void and order reinstatement with back wages or both before the labour authorities

                                               Please guide the course of action.

                                              Regards

i mean to ask you all experts -----as agreement was under intimidation of termination or resign and get your dues .I was having no other option but to resign and sign the agreement and get the funds to sustain livelihood and to meet expenses in legal fight.

>  The said agreement is itself violated by the employer by not paying all the dues as agreed and sign by me and company HR director .

>   My resignation was also condiitional stated in the resignation itself that i am resigning condition to the settlement of all my pending legal dues

> Shall i compalint violation of agreement and hence resignation condition is not fullfilled hence same stands null and void and ask the labour authorities to reinstatement with back wages

OR

shall i complaint intimidation lurement of funds and forceful resignation under compelling circumstances of workman , hence deemed termination and there after violation of agreement to which was the base of workman resignatiion, seeking the relief of reinstatement with back wages.

plz guide the better option.

Regards

Dear LCI querist @ Mr. Jagtar Singh,

Deemed, Termination, Deemed Termination do find mention ,place, highlight in judgments from lower court upto higher court upto Apex Court, enactments.

Apex Court: '.........................the alleged deemed termination of services of the appellants............... without giving any opportunity to the appellants..................... was unlawful .................... deserves to be set aside...................'

Bombay High Court:'..................petitioners had continuously offered themselves for work, ............................but work was refused to them...................... constitutes deemed termination' 

 'deemed termination ........... covered under .............. Act / under Section ................of the ............ Act'

It is vaguely remembered that you were at Chennai and you has posted that you have already consulted local counsels specializing in Labor/Service matters.

You can access local senior counsels/Law Firms of unshakable repute and integrity specializing in Labor/Service matters, at Chennai……………spend quality time with them, show all docs on record, give inputs in person and proceed further, thereafter.

Indivisually I feel that you may submit prayer to let you attend to work/resume work/mark attendance..............................

Indivisually I feel that mine or anyone else's generic opinions shall not benefit you.

Therefore beyond a limit you may not press for it.

Indivisually I also reiterate that online discussions have its own limitations and are not substitute for in person, face to face, quality discussions, based on docs on record, inputs in person and quality time should be spend on the matter................

Thus you may instead of seeking online opinions on contentious matter at your hands should spend quality time with a very able counsel...................

It is one of the possibility that your counsel may agree with observations............

It is also a possibility that your counsel may appraise you with other workable strategy and you can evaluate the merits yourself..............

It is vaguely rememberd that you have not confirmed any coercion or threat on proven record.

Painch fasane ke liye aapko or aapke  vivad ko bahut gumaya jayega.................

Itni jaldi aapko tikne nahi diya jayega....

Aapko nokri me vapis lene ke liye koi nahi manega...........

Aapka vivad malik or malik ke pratinidhi ke liye naak or moonch ka masla ban chuka hai.........Vo aapko farig kar chuke hain....

Jara si galti se bahali ke dave me khaami rah sakti hai.....aur Nyayalya bhi galti ki vajhaa se bahali ka faisla shayad na de....aur sirf bachi hui rakam dekar hi nipta de... 

Chose a counsel/law firm well versed with your trade specific enactments also....