Employee Reinstatement and Resignation Validity
An employee was reinstated back into the service after having illegal orders of compulsory retirement set aside. He had earlier submitted a resignation, after which he was served a charge sheet on flimsy grounds, and his resignation was rejected in writing. Later, he was issued compulsory retirement orders, which he finally got set aside, and he was reinstated back into the service. However, the employer relieved him on the same day when he rejoined duties after reinstatement, stating, "Your resignation has been accepted."
As per the law, after reinstatement, one gets restored to their original position, so any resignation or offer submitted before reinstatement and during the period of not being in service due to compulsory retirement becomes null and void.
Please offer your remarks on my view.
From India , Delhi
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An employee was reinstated back into the service after having illegal orders of compulsory retirement set aside. He had earlier submitted a resignation, after which he was served a charge sheet on flimsy grounds, and his resignation was rejected in writing. Later, he was issued compulsory retirement orders, which he finally got set aside, and he was reinstated back into the service. However, the employer relieved him on the same day when he rejoined duties after reinstatement, stating, "Your resignation has been accepted."
As per the law, after reinstatement, one gets restored to their original position, so any resignation or offer submitted before reinstatement and during the period of not being in service due to compulsory retirement becomes null and void.
Please offer your remarks on my view.
From India , Delhi
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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 an illegal order and get justice in due course.
From India, Salem
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6108The 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 an illegal order and get justice in due course.
From India, Salem
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Dear Mr. Umakanthan,
Greetings from Rahul.
Please provide any judgment clarifying my point that on reinstatement, earlier resignation becomes null and void. Additionally, any offer or request to resign submitted during the compulsory retirement period cannot be acted upon since on the day of such a letter, one is not in service.
Rahul
From India , Delhi
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Greetings from Rahul.
Please provide any judgment clarifying my point that on reinstatement, earlier resignation becomes null and void. Additionally, any offer or request to resign submitted during the compulsory retirement period cannot be acted upon since on the day of such a letter, one is not in service.
Rahul
From India , Delhi
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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 sufficient:
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 final orders of compulsory retirement of the employee.
That being the fact of the matter, keeping the orders of compulsory retirement intact, how can the employer persuade the employee to submit a fresh resignation? Even if the employee did so, why was it 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 can the employer salvage the resignation letter from his dustbin and act upon that now?
From India, Salem
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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 final orders of compulsory retirement of the employee.
That being the fact of the matter, keeping the orders of compulsory retirement intact, how can the employer persuade the employee to submit a fresh resignation? Even if the employee did so, why was it 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 can the employer salvage the resignation letter from his dustbin and act upon that now?
From India, Salem
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Adding to Mr. Umakanthan's post, when the management of the company/employer rejected the employee's resignation in writing, how can it relieve the employee forcefully, especially after a judicial order in his favor?
Please read your first post as follows: "He had earlier submitted his resignation, after which he was served a charge sheet on flimsy grounds, and his resignation was rejected in writing."
From India, Aizawl
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Please read your first post as follows: "He had earlier submitted his resignation, after which he was served a charge sheet on flimsy grounds, and his resignation was rejected in writing."
From India, Aizawl
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