The termination clause is normally reciprocative of the rights and obligations of the parties to the contarct of servcie. It means when an employee gives one month notice of resignation, the employer cannot relieve him of servcie immediately by accepting the resigantion in as much as the when the employer gives one month notice of termination, the employee can relieve himself of the servcie immediately without waiting to serve one month.The employer can accept employee's resignation immediately on reciept but it comes into effect on the expiry of the notice period only.By incorporating term of one mont h notice, both the parties concede to keep the contract in force during the notice period. Thus by giving one month notice, the emlployee intends to termiante the contract on the expiry of one month only, reserving his right to withdraw the resignation during the notice period. The employer by accepting his resignation and relieving him immediately, he in fact, termiated the contract of servcie and thus is liable to pay wages for the balance of the notice period. Mr.Madhu is right inproprely explaining the position.
B.Saikumar
Mumbai