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Company is refusing to accept resignation and considering it as leave
17-Oct-2023 (In Labour & Service Law)
Hello, I was working in a company for last 1 year. I recently resigned from that company reason being bad politics being involved in working environment and mental stress which I was facing day to day there. I asked HR for an immediate release and that I won't be able to serve notice period which is of 2 months. In their bond they mentioned we can't resign without serving notice period but there is nothing in there that what will happen to me legally if I won't serve that. I mailed them about it notifying it that I won't be able to serve notice period as because of this foul working environment my health is getting affected too as I have some medical history of epilepsy so I won't be able to serve notice period. I got a reply from company that they will have their legal team to look into my medical and they won't accept my resignation and will take it as leave for time being. I want to know what kind of legal action they can take on based of that and how I can counter that.
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Thanks and Regards
Thanks and Regards
Helpful?
Adv. Bharat Agarwal
Noida | 500+ Answers
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To resign is a right of an employee and he cannot be forced to continue, the Supreme Court has said in a recent order.
An employee cannot be compelled to serve in case he is not willing “until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services.”
A Bench of Justices Arun Mishra and Vineet Saran made the observations while allowing the appeal of a former Air India engineer, who was refused his dues by the Central government carrier.
Past arrears
Sanjay Jain served in Air India for the stipulated minimum five-year period before he resigned and served his 30-day notice.
He joined a private airline and later approached his former employer to pay his dues, Provident Fund, gratuity and unpaid wages.
Air India said it had refused to accept his resignation and asked him to re-join duty.
The Bombay High Court dismissed his petition in September 2010. Subsequently, Mr. Jain moved the Supreme Court.
In support
Setting aside the High Court’s decision, the Supreme Court ruled that Mr. Jain had “rightly terminated the relationship by serving the requisite notice for his resignation.”
An employee cannot be compelled to serve in case he is not willing “until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services.”
A Bench of Justices Arun Mishra and Vineet Saran made the observations while allowing the appeal of a former Air India engineer, who was refused his dues by the Central government carrier.
Past arrears
Sanjay Jain served in Air India for the stipulated minimum five-year period before he resigned and served his 30-day notice.
He joined a private airline and later approached his former employer to pay his dues, Provident Fund, gratuity and unpaid wages.
Air India said it had refused to accept his resignation and asked him to re-join duty.
The Bombay High Court dismissed his petition in September 2010. Subsequently, Mr. Jain moved the Supreme Court.
In support
Setting aside the High Court’s decision, the Supreme Court ruled that Mr. Jain had “rightly terminated the relationship by serving the requisite notice for his resignation.”
Helpful?
Adv. Jitendra Kumar Singh
Greater Noida | 25+ Answers
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