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Indian Law/resignation/releaving letter


sir while working in my previous company i had sent an resignation  to my Project Manager email id in which i had mentioned my notice period while keeping TL in the Loop but i didn't recieve any response which i deemed my resignation was accepted.however  three months after my resignation mail i stop going to office due to some personal tragedy and after coming out of that got a job whose demanded my relieving from previous employer which i inquired from project manager who sent it stating it was sent from HR through team leader.I submitted my document to new employer who after verification informed me that my previous employer is not endorsing it.
After conforming from project manager i got shocked,when i heard him saying that he has not received any resignation of mine as the email id of his was entered wrong and HR also informed me i had to submit resignation on HR crest which was not in contractual terms at the time of appointment and got updated recently ut our project manager or HR never informed us about that.
Now they are saying they have strucck off my name from payrolls and i will not be provided any relieving letter.
My query is that if they had thought that i was absconding and was not reporting my office don't they have to send an show cause notice which they didn't before strucking me off and 2ndly can they stop my relieving letter which has put my career into trouble as my new employer is saying me to resign if i can't resolve in days time.
What are the legal steps i can take to get relieing from them


If you have submitted a notice of resignation as per the termination clause of your apointment-letter, your employer is legally bound to accept it.By not replying to your notice, your ex. employer by their conduct has accepted your resignation.
My advice is that since your old employer is responsible for the consequences of not issing the release order, you should immediately serve a very strong legal notice to them urging them to issue the release order and also to settle your outstanding dues.You should also claim damages for unnecessarily causing mental torture to you and threaten them that suitable legal action would be taken for failure to do so within 7 days of receipt of your notice.
Since it is on their record that you intended to leave the Company,they cannot charge that you are absconding.Even if they bring such charge,it will go against them.
Since you have already served the required notice,your service automatically comes to an end after completion of the notice period.So, you are legally bound to join elsewhere based on your said resignation letter.You should request your new employer to allow you to join based on your said notice .You may also give them a copy of your legal notice.
Please take above actions in consultation with a good service 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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