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Indian Law/Resignation not accepted for 30 days


As per my company policy I was allowed to take two years unpaid leave which exhausted this July 2012.I resigned after the date as I had requested for extension of the leave but HR suggested resignation or immediate reporting to the job. On enquiring about the status after one month, HR suggested I serve my notice period for one month and then pay for remaining two months . I requested the HR for being lenient as I am out of country for last two years and its not possible for me to come back and join just for 1 month, I also requested to fully waive or partially waive the amount.Now, my last mail was sent on 1st week of sept and they are yet to reply on that.My question is the fact that they have kept my resignation decision pending for over three months shouldn't that itself serve as a notice period of three months? Don't they have any liability for the issue that they are not responding for so long? What about my delay that they are causing and I am not getting my PF and gratuity also? Please suggest a way to handle the situation.

An employment contract may be terminated by either party at any time subject to compliance with the termination clause stated in it.Normally such type of contract may be terminated by either party  by complying with the notice period or pay in liue thereof.It seems your employer was kind enough to allow you two years unpaid leave for your personal benefit.Normally , such type of leave is granted for higher studies in abroad.Leave is not a matter of right to an employee.It is fully at the discretion of the employer except in the case of medical leave.It may be for the exigencies of their works that your employer insisted you to re-join.However,you have every right to try for a better opportunity but at the same time, it is your legal duty to leave the Company subject to compliance with the termination clause contained in the contract.However,if you feel that even after complying with the same,they are not releasing you, then please serve a legal notice immediately.Your employer by not giving any reply to your letter of resignation, by their conduct, has expressed their consent to the acceptance of your resignation.If after completion of your notice period, they do not release you , without giving any reason , you have appropriate relief under the labour laws.You can lodge a complaint before the Regional P.F. Commissioner as well as before the concerned ALC & CA.
Your success in the case will depend entirely upon the facts and circumstances of the case,to be supported by documentary proof as well as strong arguments by your lawyer.
In view of the above,Please take appropriate decision in the matter in consultation with a suitable lawyer.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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