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Indian Law/resignation not accepted as per appointment contract


Dear Sir,          
I was working on the post of Asst. Manager with the CTC of 2.6 Lakh per annum which was half of what my collegues working on same post were getting (CTC of 5.5 to 7.5 lakh per annum). Even the people who were working on lower post than me, ie:  Sr. Executive`s were getting CTC from 2.8 to 4.5 lakh per annum.          
So when I complained orally to my HOD about wage discrimination, I was called in HR cabin & forced to resign by the company because I was demanding equal payment for people working on same post.          
There are multiple mistakes the company had made while taking my resignation, which I am pointing out to you. Kindly assist me with your valuable legal guidance.

Below are the details of my resignation & company`s remark on it.          
Resign letter.          Date:          
`dear sir,          
i am resigning from my duty due to personal reasons. please relieve me from my duty.`          
companys` remark on resign letter was:          
`Accepted & can be relieved immediately`          
I withdrew my resignation after a week by sending a email to the company.          
The  t & c of resignation as per appointment contract signed between the company & me was :          
1) ` if the employee wants to resign, he has to give one months notice period or he has to pay one month’s salary to the company`          
2) `if the company terminates the employee then company gives one month notice period or it pays one month salary to the employee`          
In the resign letter I had not written anything about my effective date of resignation, nor did I asked for `immediate relieving`. Also I had not mentioned about paying one month salary to the company in lieu of one month notice period. So as per appointment contract my effective date of resignation would be one month after i gave my resign.          
But the company accepted the resignation on the same date on which i gave the resignation, but it did not gave me my full & final settlement on that day itself, thereby not fulfilling the t&c of employment contract. By doing so the employer-employee relationship was not put to an end legally. If the company had paid my f&f settlement on that day itself, the employment contract would have been put to end as per law. In the meanwhile after a week i withdrew my resignation by sending email, as legally i was still the employee of the company. so i  was within my right when i withdrew my resignation.          
To put an end to the issue of resignation as per appointment contract, the company should not have accepted the resignation with immediate effect when the employee concerned did not intend to resign immediately. The resignation is a voluntary act of the employee & it is up to him to decide the effective date of resignation but by accepting the resignation immediately the company had thrusted the date on which the employee did not intend to resign & in the process made the resignation involuntary or forced resignation.          
Even the remark of the company on the resign letter was not as per t&c of appointment contract. First of all as the employee had not deposited one month`s salary for immediate relieving, nor he pleaded for waiver of notice period, so the company should have waited for one month for the resignation to be effective & then accept it. Instead it accepted the resignation immediately but did not clarified anything on the issue of notice period, nor did it said the notice period was waived, nor did it told the employee to deposit one month`s salary in lieu of notice period, nor did it say that the company will pay one month`s salary to the employee. Hence as the acceptance itself was not as per rules of appointment contract, there was no resignation in the eye of the law .          
Hence kindly express your view`s on the above mentioned issues & correct me if I am wrong on any issue.

Resignation is a voluntary act of the employee expressing his desire to terminate the contract.Forced resignation is no resignation.However,the contract may be terminated by either party at a shorter notice in lieu of pay thereof.In the instant case,as you had not deposited one month`s salary for immediate relieving, nor you pleaded for waiver of notice period, so the company should have waited for one month for the resignation to be effective and then accept it.So,you have a strong case.Please serve a legal notice for restoration of your service through a competent lawyer and take further action in consultation with him.

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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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