Resignation not accepted as per appointment contract by employer?
I was forced to resign by HR dept. In a heat of moment i resigned mentioning ` I resign from my post due to personal reasons, please relieve me.` After that HR told me to punch out & deposit the punching card which i deposited. No acceptance of resignation was given to me.
After a week i withdrew my resignation & filed a suit in labor court. Then afterwards in court, i came to know the remark on my resignation letter. it was `resignation accepted & can be relieved with immediate effect`.
The T&C of appointment contract says that `you can resign by giving one months notice or deposit one month salary for notice period waiver`
There is no mention that management has discretion to waive off notice period.
So i want to ask that:
1) If i had not written for immediate relieving nor did i deposit one months salary, so my resignation would have been effective only after one month. But by accepting immediately the management has thrust-ed the effective date, thereby making the resignation involuntary.
2) If the management accepted the resignation with immediate effect, then they should have mentioned about the notice period. whether they waived it or they will pay the notice period or they will deduct from the employees F &F settlement. The remark has been incomplete & not fulfilling the T&C of appointment contract.
3) The managements reply in the court was`since the employee himself has resigned out of his own volition, the question of giving notice or notice pay cannot & does not arise.`
What is your legal opinion on the above mentioned issues? & were do i, my self stand?