We are properitorship firm I am an hr ,after 3 yrs one of employee has not turned office sent us resignation on Mail inspite of mentioning of the offer letter stating that we will not accept resignation when an employ is on leave and need to give 2 months notice period or decided by management.
Will like to know whether can I take her to Court as I want to set an example for other employee.
You must see and act as per the conditions mentioned in the offer letter for employment. If she has not turned up to duty, she may be terminated as per the provisions of the law meant for it and not that she can be drawn to court. If the conditions have been violated by her, you may initiate necessary action as envisaged in the law for this.
She can be terminated with a legal demand notice asking her to pay two months salary as per the employment conditions.