Advocate Sumeet Mandal

Questions Answered by Advocate Sumeet Mandal

Q: What to do if company is not accepting resignation in india

My name is [Name], and I was working with a Pvt. Ltd. company for 1.7 years. As per my appointment letter, I was supposed to be confirmed after 6 months, but the company did not confirm my employment even after 1.5 years. They also did not give me any salary hike during this time.

I tried to resign twice, but each time my resignation was not accepted by the employer. They forced me to stay in the organization. Finally, after 1.7 years, I resigned again, but the company is not accepting my resignation and has not provided me with a relieving letter or experience certificate.

Additionally, the company has not paid me my pending salary for 37 days. I want to know: can I file a police complaint or legal case to recover my salary?

In the appointment letter, there is a clause saying that I must work for 2 years, or else pay one month’s gross salary. However, this condition is only mentioned in the appointment letter — I have not signed any bond or agreement on stamp paper. Kindly advise whether I can take legal action against the company, especially since:

• My resignation is not accepted by the employer
• I haven't received my pending salary
• I have not received relieving documents
• I was not confirmed even after 1.5 years
• I haven’t signed any legal bond

Advocate Sumeet Mandal answered
If an employee is facing disciplinary action where dismissal could be the outcome, they may choose to resign with immediate effect to avoid being terminated. Some employers may not accept this because it seems like the employee is trying to escape valid disciplinary proceedings.

In such cases, it is not uncommon for employers to refuse to accept the resignation and insist that the inquiry must continue. However, legally this is not allowed. In India, resignation is the employee’s personal decision, and an employer cannot refuse to accept it, even during an ongoing investigation.

Just as dismissal is the employer’s decision (and the employee cannot reject it), resignation is the employee’s right, and the employer has no legal authority to deny it.

However, if the employee resigns during disciplinary proceedings, the employer can mention this in any reference or background verification, stating that the employee resigned while a disciplinary matter was pending.

Q: Can i claim ownership of land i have used for 20 years in india ?

I got a property in my name, but due to my work, I have had to move from one place to another for years, so I haven't visited my property for a long time. However, I pay all land taxes regularly by myself. On the said property, my aunty and her children have been living for the last 20 years. Can someone claim your property if they maintain it? Can I claim ownership of land I have used for 20 years in India?

Advocate Sumeet Mandal answered
Do you have proper title registration documents such as a Sale Deed or a registered GPA? If so, you have a strong case. However, your aunty and her children can claim ownership of land they have used for 20 years under adverse possession, but there are legal exceptions that can help you retain ownership. With proper legal action and court intervention, you can reclaim your rights over the property.

Q: can employer reject resignation india what are the legalities

can an employer reject a resignation ? What are the legal implications if an employer rejects an employee's resignation?

Advocate Sumeet Mandal answered
If an employee is facing disciplinary proceedings where dismissal is a possible outcome, an employee may resign with immediate effect rather than face dismissal. Some employers do not like this as it means the employee has swerved valid disciplinary proceedings. It is therefore not uncommon for employers to refuse to accept the resignation and insist that the disciplinary proceedings should continue. Strictly speaking, this is not legally possible.The resignation decision is the employee’s decision alone. An employer can not refuse to accept it. This is no different to dismissal being the employer’s decision, the employee can not refuse to accept that they have been dismissed.However, if an employee does resign with immediate effect pending disciplinary proceedings, the employer can always make it clear that any reference provided to a future employer will state that the employee resigned pending disciplinary proceedings.

Q: Procedure to get property back from tenant refusing to vacate it

Tenant is 50 year old. I refuse to accept rent from last 13 year. How can I clame my property back.

Advocate Sumeet Mandal answered
Have you executed any rent agreement or lease deed with him ever ? If yes that we need to see the terms and conditions mentioned therein and if you have not the you have to file a Tenant Vacation Suit in the district court of local jurisdiction of property and after the Vacation order by Senior Civil Judge you can get back your property.

Q: Procedure to follow when cheque gets bounced

Can the above Company be sued under Sec 138, as their Cheque dated 21.09.2017 has bounced for an amount of Rs 1.5 lakh, given as security for the principal amount of the FD made in 2014 for 3 years ? Interest has also not been paid. My bankers  have returned the cheque. I gather the Company has closed this a/c. I represented to the Company in writing on 01.12.2017 after visiting the Company twice,in the meanwhile, as I was not aware that the representation in writing was to be made within 30 days after the cheque was dishonored. Further,I have another cheque dated 30.10.2017 for Rs 1 lakh against another FD which I have not deposited yet,since I learnt from the Company during my two visits that their related a/c had been closed. Please give me your FREE expert legal advice,to enable me to decide further course of action.

Advocate Sumeet Mandal answered
Yes 138 case can be filed in your case, as many investors / builders are facing same circumstances due to the recession situation is real estate market and we are handling same type of cases in same circumstances.