Resignation from PSU after asking for adjustment of EL during notice period - CiteHR
Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy

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I am working in a navaratna PSU for the more than 10 years in same department. I never got transfer to any other department even after trying so many times. Now I am totally frustrated and want to resign from my job. My notice period is 3 months. In my service agreement the following is mentioned:
“In case you wish to leave the services of the company after completing the stipulated period of 3 years service, you shall give 3 months notice to the company failing which you shall be liable to pay the company compensation equivalent to 3 months salary.
On resigning from the job you will be relieved only on resignation being accepted. The management reserves the right not to accept your resignation, if the circumstances so warrant. Acceptance of payment of salary from the employee in lieu of full or unexpired period of notice will be at the discretion of the management.”
If I submit a resignation letter showing some family health problem and mention my inability to work efficiently in future for this company due to this problem and also request to adjust my earned leaves for the rest of my notice period; please advise for the following consequences:
1) If my senior officials do not accept my resignation mentioning any reason (eg. No substitute available at this time, etc.), how can I get relief from this job?
2) If my senior officials do not forward my resignation letter and sit idle and try to torture me or put extra pressure on me to work or harass me by vigilance enquiry, and being unable to handle that torture I apply for some leaves due to my emergency duty towards my family, but the leave is not accepted by senior official and still I go to home town by sending an email informing the same and also mention that I have already submitted my resignation letter due to the same reason, then what maximum action company can take against me? Do the company have the power to force an employee to work who is not interested & has already submitted resignation letter and asked to adjust earned leaves against the notice period? Can I face any difficulty in getting my due payments (EPF, gratuity)? In that case how can I get back my due payments? Do the company have the power to forfeit some employee’s EPF or Gratuity amount?
3) Please advise how can I get relief from this job easily and also get my due payments in time?
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Dear Mr.Chowdhury,
A permanent employee working in a Navaratna PSU for about ten years seeking resignation under duress? Incredible! Anyway, only the wearer knows where the shoe pinches.
Resignation, whether it is with immediate effect i.e., exercise of the buy-out option of the stipulated notice period by the employee or prospective i.e., exercising of the option of serving the entire notice period , normally requires the acceptance of the employer to be effective. It implies that the employer has the inherent right to refuse to accept the resignation on certain valid and justifiable grounds such as the exigencies of pending work warranting the services of the employee till its completion, pendency of any disciplinary proceedings already initiated against the employee etc,.
The first two of your three questions are indicative of either your stained interpersonal relationship with your superiors or your questionable official conduct. Only you are the judge to decide it. Of course, the Company has no legal right to compel an unwilling employee to continue his services contrary to his wishes. But, if you leave your job immediately in the way you described, the management has got the power and discretion to refuse to accept your resignation and in stead treat you as a deserter and initiate proper disciplinary action for unauthorised absence or abandonment of services and terminate you though they can not forfeit your gratuity or EPF on this score.
Try to straighten up your relationship with your immediate superior by establishing some rapprochement through sincere work and submissive behaviour and convince him first the reasons for your resignation. If you attempt this whole heartedly without any inhibitions, I do hope that either you will drop the idea of resignation altogether or see your exit smooth and peaceful if the reasons for resignation are genuinely personal only!
Dear Chowdhary, Speaking on the basis of my long experience in a Navratna Company as HR Head, I can say your apprehensions are misplaced. First of all there are rules and regulations, so no body dares to blatantly violate it in these days of RTI & available Grievance redressal forums. Then, there are so many checks and balances that an individual cannot really manipulate the whole situation for long and you are left without a remedy. As Umakanthan Sir has explained, pl maintain harmonious relation with all and you will have a smooth exit. Your PF & Gratuity are safe and will reach you without much of an issue. Resignation will not be processed only if there is no vigilance clearance, as it is required in every case of resignation and if it is not accepted then you will be informed of it. You can seek adjustment of EL against notice period and normally efforts are made to agree to the request.
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