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Indian Law/Resignation not acceoted/rejected


Dear Sir
I am working in a pvt telecom company for last 6 months. Recently i got a chance with better oppurtunity in terms of designation and salary. As per my appointment letter if i wish to discontinue my job then i need to serve 30 days notice period or return the 30 days basic salary in leu of. I resigned on 13-07-16 and declare my last working day in company as 20-07-16(7days notice period). Now my company neither accept my resignatoon nor reject it. Even i am not getting any answer on this from management. I also asked them to take handover of company assets but they are not even reply on that. I stopped all my office work since 21-07-16. Now my question is :
1) Are my ptesent company authorised to terminate / abscond me whereas i have already intimate them my last working day over mail and already resigned??
2) what kind of legal action they can take as i shown my intrrest to return 30days basic salary but they are not responding?
3) What should i do with company assets?
4) will it create any problem in my new company if the old company take legal action on this?
5) What is the maximum time frame for accept / reject resignation letter?
6) I didnt signed any bond still company can retain me forcefully ?

Please guide me.


An employee or an employer can always terminate the contract as per terms contained in the engagement letter.Since you have resigned by agreeing to pay for the shorter notice,the management is legally bound to accept it.
Since you have served a letter of resignation,the management can neither terminate nor issue any public notice foe absconment.
The merit of the case will be strongly in your favour,if they try to take any legal action against you.The court is likely to isse strictures against them and direct them to release you with compensation for causing unnecessary harassment to you.
It will creat no problem in the new company,even if your previous employer files any suit against you because you have left after duly dserving a letter of resignation.
The employer is legally bound to release you from the date mentioned in your letter of resignation i.e. w.e.f 20.07.2016.
Even if you had signed any Bond,the employer cannot enforce it because it is unconstitutional.Further,contracts in restraint of profession is void.Moreover,you have not executed any Bond.
In view of the above,I would advise you to immediately serve a legal notice to them to accept your resignation w.e.f. 20.07.2016 and settle all your outstanding dues, failing which threatening to take necessary legal action against them.

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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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