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ON REINSTATEMENT EARLIER RESIGNATION BECOMES NULL & VOID
04-Apr-2023 (In Labour & Service Law)
MY resignation was rejected in writing after issuing chargesheet on filmsy grounds.
I finally on appeal able to get set aside orders of compulsory retirement and got orders of reinstated back in to services.accordingly joined duties again VOID
But I was relived immediately on the date of joining saying that your resignation is accepted.
So my question is that my relieving is totally illegal as I was restored back in to my original position and had not submitted any fresh resignation after joining duties on reinstatement.
According to my knowledge all resignation etc became null and void on getting reinstated back in to services .
So action of employer is totally illegal and I have the right to join services again with all notional promotions as well all consequential benefits from.the date of illegal relieving .
Pl comment on my views.
If any relevant judgement pl provide.
Rahul
yes your termination is illegal on the second instance, as there is no fresh reprsentation from your side asking for relieve so there is no second thought that they can go back and accept your resignation, they have forgone that option once they excersised there right to reject it on earlier occassion.
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Adv. Pawan Prakash Pathak
Delhi | 200+ Answers
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