Unilateral waiver of resignation notice period by employer

Your point of view is that you did not resign with immediate effect and you resigned as per clause....................of appointment letter..................and acceptance of resignation  was never supplied to you and hence you were never aware it is w.e.f. ..............which date?

Did you attempt to attend to office the day resignation was extracted from you? Were stopped?

Do you have any evidence of extraction of resignation by force, snatching of punch card by force?

Did you write on record that you were forced to resign?

If yes then you could claim it as deemed termination.

You have already approached court of law and have probably consulted your lawyer.

Contest the case based on service conditions,facts on record,merits.

There is a possibility that  court may provide relief to you................................depending upon how well the case is contested.

Dear sir, I did not resign with immediate effect, but i did not mention i am resigning as per clause of appointment letter. Below given are the exact wording of my resignation letter dated 23rd Sept-2013.

`To the plant head`

`Through HOD`

``dear sir, i am resigning form my duty due to personal reasons, please relieve my from my duty.``

I have written through HOD, but he was not present there nor his signature is there on the resignation letter.

The acceptance was never conveyed to me. I came to know about the companys remark after nine months, when the company submitted it in court. The companys remark was on same date:23/09/2013.

No i did not attended duty there after.

No i have no evidence of taking my resignation by force also snatching of attendance card by force. I only have oral evidence of mine, also immediately after my resignation at 12.0 pm, the contractor who was working with me was terminated from company at 2.0 pm, who will depose from my side.  

I know proving forced resignation is going to be difficult, but i am going to concentrate my case on the below mentioned grave mistakes the company has committed, due to which there will be no need to prove forced resignation.

Since my case will be ruled by the terms & conditions of the appointment letter, the court shall take decisions as per that only. What happened at the time of taking resignation & on the day the resignation took place shall be important. These were the incidences due to which other activities like me not coming to duty took place.

It is clearly mentioned that the confirmed employee shall resign by giving one months notice or deposit one months payment for notice period waiver. I had not asked for immediate relieving nor did i deposit one months salary, so it becomes clear that as per rules the resignation was to be effective after one month. So if it was to become effective after one month, the company unilaterally waived the notice period, which is a serious breach of contract amounting to unfair dismissal.

After a week i withdrew my resignation, which was well within one months time limit.

I think my biggest problem will be that i had not written in my resignation ` relieve me as per company rules`, but neither i have written that i shall be relieved immediately. So if one goes by the rules, by default the resignation should be effective after one month only.

This is my opinion which may go wrong since i am not a expert in Law. Your advice on my findings will be appreciated.

You have full understanding of what has happened and loopholes.

These are to be pointed out and you need to convince the court........................

Apparently the company did not demand notice pay to be deposited by you and did not communicate that  that the notice period has been waived off and that your resignation has been accepted with immediate effect.

The onus of proving that VP was available at location on that day falls on company and if you have evidence that he was not in town/office on that day ..... it is good for you.

The witness can be examined in court.

Thanks sir for all your kind suggestion. 

One doubt which haunts me every now & then is that i have not mentioned any thing about relieving date or last day of working or not said relieve me as per company rules in my resignation letter. 

I fear how the court will act on this matter?

I have read in many case laws that ``unless guided by any rules of service contract, the resignation         given in presentii shall be effective from the date mentioned on it.``

But as per my view, since my service was guided by the rules of contract which clearly states about one months notice period or one months payment in lieu of, the resignation in presenti shall not be effective in my case. 

But what the court will interpret of this is a big question?? 

This point of not mentioning any relieving date in the resignation letter is giving me sleepless night?

Hence kindly advice me as to what shall be the legal interpretation of the following:

a) The words which i have used in my  resignation letter. 

b) The remark which the company gave on my resignation letter.

Once again i am mentioning the exact wording which i used in the resignation letter.

Date: 23/09/2013

To, the plant head,

Through HOD,

Subject ; resign letter

Dear sir, I am resigning from my duty due to personal reasons, please relieve me from my duty.

While company`s remark is``Accepted & can be relieved with immediate effect``.

Also there is no acknowledgement of mine on company`s acceptance remark.

My personal view is `since we both ie: myself & company, have not acted as per T&C of the appointment contract, it was a breach of contract from both sides, in which case the contract did not come to end as per law, then the contract stands to be in continuance`.

Your view is very much required, since in court it will all come down to what words we both have used in the resignation letter. 

You have yourself, posted that:

“It is clearly mentioned that the confirmed employee shall resign by giving one months notice or deposit one months payment for notice period waiver. I had not asked for immediate relieving nor did i deposit one months salary, so it becomes clear that as per rules the resignation was to be effective after one month. “

The company did not supply a communication to you on record, that ……………………….your resignation has been accepted with immediate effect and you need to tender one month notice pay.

The company has submitted as per your posts, the resignation was extracted by force , and only one noting on the copy of resignation that it is accepted with immediate effect, and the noting is by VP and VP was not present……………………and the acceptance of resignation was never communicated to you……………..and you have a witness…………………that can be examined.

Has your lawyer suggested filing complaint for forced resignation and deposing the witness for statement that can not be retracted?

Approach a Labor Law Consultant/Service matters lawyer/Law firm worth its salt and contest the matter well.

Decision of court of law is pleasure of court of law.

Don't devote whole time to this case only.Firm up your next venture ASAP also.

Wish you all the very best.