• Need legal advice

I was working in a Ltd. Company more than 6 years, suddenly i fell ill & was admitted in a Govt. Hospital due to Dipression/ mentally problem. Next day my brother aslo informed to management of my company ( telephonic call detail is available with us). Then I was discharged from hospital after 15 days & doctor advised me for bed rest till the recovery & the treatment was going on.

 Approx. after 2 months i recd. a letter from company & managment advsied me to come to office to know the reason of absent. I replied the company with medical prescription/ hospital discharge slip that still i am not in condition to attend the office. I also requested them either to terminate me from job or sanction the my balance leave. but i did not recd. my balance leave salary & also not terminate me froom job & till now showing absent .Still there is no improvement in health status & treatment is going on from same hospital.

 Now after 6 months, i forwarded my resigned thru courier & its now more then two months has gone. The company is neither accepting resignation nor clearing my dues/full & final and showing absent/absoconding from office.

 Sir, what is the remedy for me or can i join another job in case the company does not  accept my resignation even after two months & how can i get my dues which will be  approx. 6 Lacs.

 Kindly give your valuable legal advise  as i am single earning hand of my family & wants to join another not a hectic but smooth job to make the both end meets of  my family.
Asked 1 year ago in Civil Law from Kolkata, West Bengal
If you have complied with the terms and conditions of the employment on separation i.e with stipulated notice and the employer has not replied to your resignation then it is deemed acceptance. It would be further advisable that you send a reminder noticing that since you ( employer) have not replied to my letter dated........, I presume that you have accepted the same. 
also in the letter demand settlement of your dues. If you are holding any gadget supplied by the company or any other property of the employer, return it with acknowledgment. 
You can file a suit for recovery of your dues if the same are not paid after notice.     
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0
If your new employer does not insist upon producing NOC from previous employer you can join the new job. 
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0
1) go and meet the management personally 

2) request them to accept your resignation and issue relieving letter 

3)request them to clear your dues

4) if no reply received issue legal notice for clearance of your dues of Rs 6 lakhs 

5) you can file suit to recover your dues 

Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
1. If you have the copy of the correspondence which you exchanged with the company, more precisely the intimation regarding your ill health, you can sue the company to pay your unpaid dues and also issue the relieving letter to you. 

2. Without  a relieving letter from your current employer it may not be possible for you to join another employer. Since you had intimated your health status and sought the balance leave or termination, the company cannot treat you as an absentee. 

3. Issue a lawyer's notice to the company. 
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0
If you have submitted the medical certificates for leave of absence, then the company cannot unilaterally declare you as absconder.  You should have obtained acknowledgement for the leave applied.  However you can secure the evidences even now and withdraw the application for resignation sent already (since it was neither accepted nor acknowledged), and join back the duties, watch for the reaction b the company.  
After getting a negative reply for all your positive steps, you may contemplate to initiate appropriate legal action as envisaged in the rules for relief and remedy.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
First and foremost if you have resigned under grounds of health constraints with necessary medical certificates. Then you must raise a demand for your balance payments.

If your balance payment needs are not met then the best way to proceed against a Pvt Limited company for outstanding debts is by filing a winding up petition. Its the most efficacious remedy available for outstanding payments against a private limited company. This proceeding starts with a notice under sec 433 of the Companys Act, 1956 and has to be written by a lawyer.

Consult a commercial lawyer at that stage.
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
1. What is the terms of resignation mentioned in your appointment letter or service conduct rule?

2. send resignation letter as per your company's rule,

3. If you have already resigned as per company's rule, send a legal notice to the company seeking release letter and all pending benefits,

4. Mention in the said legal notice that if no response comes from the Company within 15 days it will be treated that you have been released by the company and there will be no dues from your side to the company.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. You can after sending the said notice stating that if you do not get the release letter with in next 15 days, you will be considered to be released,

2. You can join any company after 15 days of sending the letter.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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