• Not accepting resignation

I was an engineer in a Navarathna PSU. For balancing my professional and personal life ,I have put my resignation letter on 10/03/2015. As per company policy 90 days notice period is required . Accordingly I have waited for  companies replay ,unfortunately they didn’t give any replay during notice  period except exit interview forms. Two reminder letters also given regarding my reliving. After 108 days from putting resignation letter (25/06/2015), I discontinued from job with proper intimation.
Then company has replied that, my resignation will not be accepted due to administrative ground. During last two months company has not paid my salary . Now company has given charge sheet for unauthorized absent .
 
In view of the above it is requested to kindly guide for next course of action and how to get reliving letter.
Asked 20 days ago in Labour from Kozhikode, Kerala
1) you have to reply to the notice 

2) mention that you had submitted resignation 

3) the company for reasons best known did not reply rejecting the resignation letter 

4) you have duly servrd the 90days notice period

5) the company is deemed th have accepted the resignation letter 

6) only after you discontinued job did company say resignation cannot be accepted 

7) the chargesheet that you are unauthorisedly absent is unsustainable in law 

8) contact a local lawyer  
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
WELL,i AM NOT SURE THE REASON OF REFUSAL OF YOUR RESIGNATION.
The perusal of your service Rules would guide me properly.
Send the authority a written representation asking for reason for refusal of your resignation.
If no reply or reasonable excuse is made then you have no option but to file writ petition in high court or CAT as your Service Rules provides.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Wait for orders to be passed on departmental inquiry 

2) you can then move CAT to set aside termination order and for issue of relieving letter as you have duly served the 90 days notice period after submitting your resignation 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
Section 3 (q) of administrative tribunal act defines service matters as 

"(q) "service matters", in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation or society owned or controlled by the Government, as respects -
(i)	remuneration (including allowances), pension and other retirement benefits;
(ii)	tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation;
(iii) leave of any kind;
(iv) disciplinary matters; or
(v)	any other matter whatsoever."

2) HAL termination of your   service would fall within ambit of CAT 

3) you have not remained absent unauthorisedly. You have resigned from service and company did not reject your resignation for over 2 months . You served the notice period of 3 months 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. What is the 'administrative ground' cited for refusal to accept resignation?

2. If you have resigned in accordance with the contract and rules by serving the notice period the PSU is bound to make a full and final settlement by releasing your salary and relieving you. The employer cannot refuse to relive an employee who resigns in accordance with his contractual and statutory obligations.

3. Serve a lawyer's notice to the PSU, and if this also does not produce the desired result then you have to sue for recovery of your salary and relieving letter.

Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0
1. There is no question of unauthorized leave if you had served the mandatory notice period. Thereafter, you ceased to be an employee of HAL.

2. If you have been terminated then termination has to be challenged in the court with all consequential reliefs.

Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0
After 108 days from putting resignation letter (25/06/2015), I discontinued from job with proper intimation.
Then company has replied that, my resignation will not be accepted due to administrative ground. During last two months company has not paid my salary . Now company has given charge sheet for unauthorized absent .
 
In view of the above it is requested to kindly guide for next course of action and how to get reliving letter.


After not receiving the reply for your intimation of resignation which was sent by a letter and obtained an acknowledgement, did you approach the higher authority to enquire about the fate of  your letter.

What is the reason that the company has not accepted your resignation and what was the reason that prompted you to tender the resignation.


Have you sent a legal notice demanding the relieving letter o the basis of your resignation letter/

If not then send it immediately

The company cannot take legal action if you have adhered the rules and complied with the procedures meant for resignation properly.

You can approach labor court for relief.


T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
I have appeared the Departmental enquiry regarding charge sheet and explained  my points. 
The out come of departmental enquiry was termination from Job(not yet done)
But  the  laps from company side ,Till now i have no liability to the company and i am deserving proper relieving.The proper reliaving letter will help for showing experience certificate.

You have no option than to issue a legal notice demanding the relieving letter as well as experience letter.

The company cannot terminate yor services especially after sleeping over the resignation letter for the entire notice period and it also can be seen that you have properly served the notice period.

The action of terminating your services can be challenged before the labor court.

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Is HAL is fall in jurisdiction of CAT. In any PSU can reject the resignation if the employee is lower level.As i am not trained in any special equipment/tools. 
A human is having right  to choose the job.if he served the notice period.


HAL may not come under CAT but you can approach labor court for relief and remedy.

You are right that the employer cannot force you to work since the conditions of employment contradicts if the employer may insist on it. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Labour Lawyers

Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0