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Indian Law/conditional resignation

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Question
Hello sir, i m an employee of a PSU (BEL) i ve been working with this company since last 4.5 years. I got married in oct and because of that i ve to relocate to other place which also has an office of my company. I had applied for transfer in aug 2012. And i still haven't got any official written answer to my application.but the GM of my office told me that higher authority is not willing to transfer me so he advised me that i should not waste my time and resign. Its been over six months i had applied for transfer. I m living away from my husband. What can i do in this matter. Should i resign conditionally. What does law say about transfers in PSUs. Plz guide me. Thanks in anticipation.

Answer
It is fully at the discretion of your employer to transfer you from one unit to another as per their requirements,unless place of posting was specified in your appointment letter.
However, on humanatorian ground,they should have listened to your request.Moreover,they cannot force you to resign.It is fully at your discretion,whether to continue or resign.
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.
In view of the above,I will advice you to take your own decision in the matter in consultation with your husband.However,it will be better for you to continue there until you get an alternative job and to leave the present Organisation immediately thereafter.Under no circumstances, you should leave by submitting a forced resignation letter.That will give them an indulgence to repreat such tactis in future upon another innocent employee.It is an indication of unfair labour practise.You should only resign, if it is absolutely necessary and unavoidable to take care of your family.
With Best Wishes,
A.K.Maitra,M.Com;LL.B;A.C.A;A.C.S;M.I.M.A
Retd. C.S. & G.M.(Law)
National Fertilizers Ltd.
(A Mini-Ratna Central P.S.U.)

Indian Law

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Arun Kumar Maitra

Expertise

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.

Experience

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.

Organizations
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

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

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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