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Indian Law/Withdrawal of forced resignation before acceptance of resignation


I was working in a limited company on a post of Asst. Manager. One day HR dept called me and forced me to resign & took my punching card, also they did not bother to issue me the resignation acceptance letter. After 7 days i email them stating i have took back my resignation. Also i filed a legal case in labour court for forced resignation. Then the company emailed me after 08 days saying that my resignation was accepted. Hence i want to ask you all learned people that after forcing me to resign & without giving anything in writing about my resignation, the company have not followed proper procedure. Only after receiving my email & legal notice, the company is saying that i have resigned on my own. But before their mail, i have already taken back my resignation. so technically am i still a employee of the company as they have not given me in writing that my resignation is accepted or not.
Also as per appointment letter one month prior notice has to be given by both in case of any issue.  but in resign letter i have not mentioned anything about timeline of relieving. Hence by default my relieving period shall be as per appointment letter.
Also generally resignation letter is submitted to the HOD who after giving acknowledgement of receiving the resign letter, gives it to HR, but i my case HR called me in their office & pressurized me to give resign. on my resign letter there is no sign of my HOD. Is this not the proof of forced resignation?
I donít have much proof of forced resignation, but what I want to prove is that the company have not followed proper procedure while taking my resignation. Hence I want to ask that taking back
my forced resignation before receiving any  written acknowledgement is legally tenable or not?

So please guide me in this matter.

Resignation is a voluntary act of the party expressing one's intention to leave the organisation.Till its acceptance,it can be withdrawn by the employee.
It appears from your statement that though there is no evidence of forced resignation,there is evidence to prove of withdrawal of your resignation before acceptance.
Therefore,in the instant case,since you withdrew your resignation prior to its acceptance,you have a strong case to win.Hence,I would advice you to fight the case through a good advocate.

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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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