without notice and resignation i quite my job

Facts posted are less than convincing. If at all the former employer has filed a case, it is a civil action only. How come Police is involved in a civil case?

How and why did you not submit resignation and served notice period ? Any reason ??

Unbelievable facts.

However, if there is some truth in the story, you have the only option to contest the case through a local prudent lawyer practicing in service matters.

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Apparently the information given by you to CEO direct is admitted (relate with communications on record and legal notice etc) and tearing off the letter in anguish/anger may not necessarily matter. Hope you have the copy and have minuted the incident. Tearing off resignation letter is certainly a bad conduct.

Demand of Settlement of total salary paid during entire service period is neither explained by you nor understood.

Notice period; is part of service conditions governed by various enactments..applicable to establishment/employer/employee..

e.g; Shops & Estbs Act of the state (where you were employed)

For illustration go thru say; ; THE ANDHRA PRADESH SHOPS & ESTABLISHMENTS ACT, 1988; 47

There may not be any notice period for employee bu there may be for employer….as per length of service…In case of service period of 6 months and more than 6 months IT may be 30days and for less than 6 months IT may be NIL.

BY equitable discretion employee may agree  IT for employee..as per provisions of the Act  …..and rules framed under the Act..provided establishment/employee are covered by the provisions/definitions in the Act..

 If covered the provisions of the Act shall prevail upon any private agreement/rule of establishment/employer say; appointment letter, service rules, HR policy..

Standing Orders; Model Certified;

e.g; Model tanding Orders;13 for employee that is not confirmed notice period is NIL and after confirmation of service IT is 30days..

If standing orders apply to establishment/employee and are  are certified and designation of employee is covered then relate with provisions..of certified standing orders and if not certified Model Standing Orders..

Model Standing Orders being statute shall prevail upon any private agreement/rule of establishment/employer say; appointment letter, service rules, HR policy..

Certified Standing Orders being instrument of law shall prevail upon any private agreement/rule of establishment/employer say; appointment letter, service rules, HR policy..

If applicable then employer shall be indivisually help responsible for faithful observation or can be penalized in case of violations..

Did you sign andy service agreement?

1st of all relate your matter with applicable enactments and check if you are covered by enactments..

If not covered than relate with T&C as in appointment letter…and any policy/rule mentioned in appointment letter (if provided to you)!

If employer or IT’s attorney’s have charged you with some misconduct and loss then also relate with service rules, conduct and discipline rules..

Thereafter you need to defeat the contentions of employer and/or IT’s attorneys in legal cell. Lawers engaged by employer..

Tearing off the notice/resignation is certainly a bad conduct and employee can agitate..

Notice/resignation is personal matter and can be communicated from personal email id/letter by Redg. Post..

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, Employee’s/Trade Union Leaders etc to resolve the matter if any, and/or  find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/service matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL e.g;, Labor Court/CGIT, CAT, School-Educational Tribunal, Civil courts, HC, SC …

You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..preferably from a counsel specializing in Labor/Service matters..on everything including role of police..

Hope you have the details and copy of police complaint.

Thereafter you may proceed as deemed fit and best at your end.