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Indian Law/Reliving Letter


I had resigned from the organization and they had false indiscipline issues against me. They HR asked me to write an apology else they would terminate me. They could not prove any allegation against me.However, i was forced to write an apology and they assured me that i would get my reliving letter as I had resigned my services. We had similar cases like this and all of them got the service certificate and reliving letter. I have got the service letter and not the reliving letter. What legal action can I take against them employer.

The word "resignation" technically means voluntary act of a party to leave his employer.It indicates the mental decision of the said person to put an end to the employment cantract.Since forced resignation is submitted under coercion,it is not a valid resignation.Coromondal Fertilizers Ltd., Vs. P.Venugopal 1986(1)LLJ 417 (A.P.H.C.;P.K.Ramchandra Iyer Vs. Union of India (1984)2 SCC 141(SC).It must be unconditional.Union of India Vs. Gopal Chandra Mishra AIR 1978 SC 694.
However, since they are unnecessarily humiliating you,I would suggest not to work there any more and try for an alternative job sincerely.
Once they have issued the service-letter inter-alia containing your particulars including salary details,date of joing and date of leaving that will be sufficient for the purpose of service record.Based on the said certificate, you can certainly join elsewhere.
However, legally it is their duty to issue the release order.You may serve a legal notice to issue the same and threatening that otherwise you shall be compelled to take suitable legal actions against them.
Please take above actions in consultation with a 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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