Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
+1 Other

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Dear Friends, My question is : An employees was reinstated back in to the services after getting illegal orders of Compulsory retirement set aside .
He had earlier submitted resignation after which he was served chargesheet on flimsy grounds and his resignation was rejected in writing.
Later on he was issued compulsory retirement orders which he finally got set aside and reinstated back in to the services.
But employer relived him on the same day when rejoined duties after reinstatement stating your resignation has been accepted .
As per law after reinstatement one gets restored in to his original position so any resignation or offer etc. submitted before his reinstatement & during the period of his not being in services due to compulsory retirement becomes null and void.
Please offer your remarks on my view.

From India , Delhi
Dear Rahul,
The action of the employer is not only illegal but also vindictive or revengeful. It shows his malicious intention to make the employee suffer another spate of prolonged litigation. The employee can very well agitate against such illegal order and get justice in due course.

From India, Salem
Dear Mr. Umakanthan
Greetings from Rahul.
Please provide any judgement clarifying my point that on Renistatement earlier resignation becomes null & void.
And any offer /request to resign submitted during compulsory retirement period van not be acted since on the day of such letter one is not in service.
Rahul

From India , Delhi
My dear Rahul,
I think no case law is required in support of the employee's reinstatement with continuity of service and all attendant benefits. Just a logical approach to the entire fact situation is suffice:
The first move was the submission of resignation by the employee.
The second move was by the employer framing flimsy charges and simultaneously rejecting his resignation.
The third move was by the employer putting an irrevocable end to the contract of employment by passing a final orders of compulsory retirement of the employee.
That being the fact of the matter, keeping the orders of compulsory retirement intact, how the employer can persuade the employee to submit a fresh resignation?
Even if the employee did so, why it was not accepted forthwith before the institution of the case against the compulsory retirement.?
When a judicial order setting aside the compulsory retirement is in force, how the employer can salvage the resignation letter from his dust bin and act upon that now?

From India, Salem
Adding to Mr. Umakanthan's post, when the management of company/Employer rejected the employee's resignation in writing, how it can relieve the employee forcefully, that too after a judicial order in favour of him?
Please read your first post as follows:
"He had earlier submitted resignation after which he was served chargesheet on flimsy grounds and his resignation was rejected in writing."

From India, Aizawl
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