Termination During Notice Period

Hi seniors,
Requesting your guidance on this particular case. An employee was advised to proceed on transfer for which he expressed his inability siting domestic issues (his mother expired recently). He was asked to put his papers verbally if not proceeding on transfer. Accordingly he submitted resignation letter in which he promised to continue during the notice period which is 3 months (or compensation in lieu)as per terms. After 2 days his mail was blocked and his permit withdrawn making the office premises inaccessible to him. Does this amount to termination? He demanded compensation in lieu of notice period which the company denies. Is he eligible to get the compensation? please guide.

I would suggest people to post question on which side they are representing whether from the employer side or from employee side so that we can brief what is right or wrong ?

For blocking of mail, employer can cite different issues including IT error/ problems but if he is denied entry in the premises then it will be termed as refusal of employment equivalent to termination which can be challenged under Industrial Disputes Act. It is better from the point of view of the employer to pay the notice and complete full and final settlement as per law and end the matter in a smooth note.

As transfer is an incidence of service, the employer has the prerogative to decide as to when, where and how long an employee has to work based on the exigencies of work and therefore the personal inconveniences,if any to be experienced by the employee in this regard are generally immaterial. However it can not be a colourable exercise of power on the part of the employer and specifically create a situation entailing impossibility of compliance on the part of the employee as well. A son can not be indifferent in the matter of performing certain traditional rites relating to the obsequies of his beloved mother. When such a reason was cited by the employee for his inability to comply with the orders of transfer, the response of the employer asking him either to comply or to resign his job forth with only shows his insensitivity and nothing else. In stead,the employer could have kept the orders of transfer in abeyance for some time. However, when the employee chooses the inevitable option of resignation with serving the notice period of three months, the acts of immediate blocking of his e-mail and withdrawing the permit of access to office premises are neither legal nor ethical.Since the post is silent about the fact of formal acceptance by the management of the resignation, the presumption is illegal denial of employment only. So, it is a case of termination of employment at the instance of the employer and therefore, the employee is entitled to reinstatement or compensation in lieu thereof. The modus operandi is dependent of his status i.e whether a workman or otherwise.

The employee termination appears as a hasty decision of the management. Details given indicate this would lead to a potential legal process which would only benefit the employee