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chandrashekargr   22 May 2015

Termination after resignation

I was working in Catholic Club Bangalore to which I tendered resignation in Oct 6 2014 by RPAD giving a months notice, but the employer never responded to my resignation and hence I took up a new job. Thereafter in Feb, I received a show cause notice on Feb 11 2015 asking me why I should not be terminated for loss of confidence given 15 days time. I did not respond to show cause since there was no need to respond as I was not their employee any more. Further notice claimed I was on "forced leave" but i havent received any letter to proceed on forced leave neither i have signed any such letter

Question now is what judgements of supreme courts have said that if employer does not respond to resigation, then resigation deemed to have been accepted.

Can employer dismiss me from job nearly 4 months later after valid resignation is given by RPAD

Regards

Shekar



Learning

 2 Replies

bsrao   22 May 2015

CCB has no case against you unless you have left them without a proper relief (handing over the finances or other valuable items). For a generic position, they have no right to terminate you and some one is now trying to save his/her skin for not doing the duty when you resigned. Keep your proof of resignation if you anticipate legal issue with CCB.

chandrashekargr   23 May 2015

In my resignation I had clearly stated as under

I hereby give the required thirty days notice, with last day of employment bein1g on 5th Nov. As always I am dedicated to my role within Club untill I leave, so if there are any tasks you'd like me focus on until then, let me know. else the notice period may please be treated as paid leave

Since no response was received, i felt it is deemed have to been accepted and discontinued


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