You should send a legal notice to him and state that as you have already given notice, you cannot be compelled to remain against your will. 

If they do not respond then leave the company and take the salary.

What are clauses in your appointment letter 

serve the notice period as per terms of your appointment letter 

no need to drag employer to court at present 

As you say you have had a good run so far in the present company, meet the CDO for the sake of good order before pressing with your resignation. Ask for better placement, perks and rise. Who knows he may agree if the company values your contribution. If, after meeting the CDO, you still consider resigning, send your notice by registered post with acknowledgement due. Please remember that in this pandemic situation, getting a better job shall remain a challenge. Going to labour court may be a later option.

1) if he refuses relieving letter you can issue legal notice to company to furnish you relieving letter 

2) if company refuses obtain court orders to direct company to issue you relieving letter 

You can very much take your employer to Court but the speed of Court proceeding is what it is, it will take at least one year to get a favorable order from court. One year is quite precious time in job market. Talk to your hr or concerned authority and try to convince him through sweet talk, collect your relieving letter and say them goodbye once and for all. Legal option will complicate the matter and damage your reputation in the marked.  Talk to CDO or any one in the hierarchy only if want to become a martyr them approach Court. After coming out you can have your revenge by posting your reviews on portals meant for this purpose.  

Hope you addressed your resignation letter to the person competent to act on it. Generally, the GM (HR) is empowered to accept resignations of employees. Hope you have a better job offer too on hand. As advised earlier, meet the CDO for the sake of good order. If he refuses to recommend your resignation, send the letter by registered post with acknowledgement due. Whether your resignation is accepted or not, your employer should communicate the decision to you in writing before the expiry of the 60-day notice period. If they fail to do so, you shall stand relieved automatically after the deadline. However, your new employer may ask for proper relieving letter and also experience certificate from your old employer. In the circumstances, you have to act with patience and tact.

If you have already tendered your resignation in the official mode which has been acknowledged by the company, then the company has no rights to retain you beyond the notice period that you are willing to serve as per the conditions of the employment offer letter.

As a last resort, you send a reminder referring your previous resignation letter  and send the same by registered post in which you clearly specifically the date of last working in the company and request the management to issue you the relieving letter and experience letter and also to settle your F&F on the last working day.  

You do not have to work beyond the last working day as specified in your resignation letter  and resort to legal action if your demands are not met even after that.

Supreme court expounds: "To resign is a Right of an Employee, cannot be forced to serve in case he is not willing.

Supreme Court has declared in the judgment of the case –Sanjay Jain v. National Aviation Company of India Ltd, through Division Bench consisting of Justice Arun Mishra and Justice Vineet Saran that,“ To resign is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services.”And based on this declaration, Apex Court has concluded that the Bombay High Court has erred in law in holding otherwise.

The appellant was aggrieved by the judgment and order passed by the Bombay High Court on September 7, 2010, dismissing writ petition No. 1740/2010.The question involved has been whether the appellant ceased to be an employee of the respondent on October 1, 2006 as 30 days’ period ended on that very day.

The appellant joined the services of Air India Ltd. as Assistant Aircraft Engineer in Major Maintenance Division of Engineering Department with effect from September 1, 1992.As per the terms and conditions, stipulated in his appointment letter, he was required to serve Air India for a minimum period of five years. As on the date he  resigned, he had completed five years of service.

The Certified Standing Orders framed under the Industrial Employment (Standing Orders) Act, 1946 as introduced in Air India Ltd. and as applicable to the establishment, required the employer to define the terms and the conditions of applicable to a workman and inform him of the same.

The Certified Standing Order, deals with the condition under which an employee can tender his resignation. He is entitled to receive the certificate of service rendered at the time of cessation of his employment. The Certified Standing Order confers a right on the employer, under the Act of 1946, not to accept the resignation if at the relevant time of his resignation any disciplinary action is pending or is contemplated.

The Court has pointed out that it is apparent from a bare reading of the provisions contained in Standing Order 18 of the Industrial Employment (Standing Orders) Act, 1946 that workman has a right to resign from the services by giving a notice of the period as prescribed under Standing Order 17 which provides termination of services by serving 30 days notice upon a permanent workman and seven days notice with respect to workman who is on probation and temporary workman by serving a 24 hours notice. Thus, for a permanent employee, a period of 30 days is provided to terminate or resign as is apparent on a conjoint reading of provisions of Standing Orders 17 and 18.

In the Court’s opinion, from a bare reading of the provisions contained in Standing Order 18, it is crystal clear that a permanent employee has a right to resign from the services by giving a notice of the period of 30 days as prescribed under Standing Order 17, and is entitled to obtain certificate from the employer for the period services have been rendered.

Clause 2 of Standing Order 18 provides that in case resignation is submitted with immediate effect or at any time before expiry of notice period, acceptance is necessary. Acceptance of resignation is not required in case a notice has been given of 30 days. It would operative from and effective on the lapse of the period.

It is right of a workman to serve an employer and to resign also by serving notice of 30 days. The bond to serve was only for five years as stipulated in his order of appointment. The period of bond to serve was admittedly over. There is no other Standing Order or Rule which puts a fetter on an employee to resign or confers power on the employer to reject a resignation.

No disciplinary proceedings was pending or contemplated against an employee in the case, when he resigned. The resignation became effective after lapse of 30 days period. There was no power with the employer as per Standing Order 18 to reject such a resignation. Moreover, the bond period of five years service was already over.

In view of enunciation of law and on consideration of the provisions contained in the Standing Order 18, in the facts and circumstances of the case, the Court has been of the opinion that appellant has rightly terminated the relationship by serving the requisite notice for resignation.

- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.

- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- Since, you have already served the notice period , then legally the employer cannot refuse to issue a reliving letter, and you are free to join other services legally. 

Dear Sir, 

First thing you should do is look at the resignation clause in your appointment letter. If there is any condition you have not fulfilled in respect of the notice. Sir it is also pertinent that you send the same copy of resignation to your hr and manager. Second if the only requirement is that of notice period and service for 60 days then there is no need for you to keep serving resignation letter again and again. Since an employer has no right to force you to work or reject your resignation letter, if your resignation is not an immediate resignation, but a resignation based on notice period there is no need for acceptance on part of employer, such resignation shall become effective automatically after the notice service period comes to an end.

Since your employer is not providing any good reason for non acceptance you can re serve another notice of reminder stating that the date  after which you will not be available to both your manager and HR  department again. with a copy of your prior resignation notice. be open about you will to leave and clear in your notice. If your manager or company makes any unreasonable claims you can claim that you will take legal recourse against the same. If you require legal assistance you can book a consultation with me.

Thank you

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