employer prevented to join other workplace
2 weeks ago
Sir ,
i have resigned from job on 17.10.2019 by a letter dated 17.10.2019 with immediate effect. however company provided one month salary but no release letter . in fact company meanwhile prevented me from joining new workplace by issuing new employer that " due to some official liabilities the said employee cannot be released from duty . but if any misconduct has been done from my side rather than initiating disciplinary proceedings the former employer keep it watching silently without taking any action and not communicated to me the same but alleging of unauthorised absent . however tendering resignation and unauthorised absentism from duty are not same. but if the grievous charges like unauthorised absentism occured then it should must be subject to inititate disciplinary action but authority keep remain silent. i had requested sevaral times to release me from duty but authority did not pay heed to it. through a RTI letter i have asked authority that whether my resignation has been accepted? they informed me through a letter that " no such information is available" in a nutshell still now no disciplinary proceedings initiated , despite of that prevented me to join other workplace , indirectly they are approaching me to join them again. this is the fact . now i want to know that does i am entitled to get notional benefits along with pay and arrears for the whole time ? no work no pay principle will apply in this case or not? do i am eligible for reinstatement?
From the contents of your query, it prima facie appears that your employer has engaged them in an unfair labour practice. Once an employee tenders his resignation, an employer cannot hold it in abeyance for an indefinite period without any cogent or valid reason. Even if an employee commits any misconduct, an employer should initiate a domestic inquiry into the said misconduct and take action based on the result of the inquiry. So, delay in time-bound action itself proves the ulterior motives of the employer to victimize an employee. As per the mandate of Section 27 of the Indian Contract Act,1872, any terms and conditions of an agreement that directly or indirectly compels an employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid and to be void on contest. The employee has the right to resign from the employment for a better opportunity, even if there is a non-compete clause in the contract of employment or if he/she has agreed to serve the employer for a specific period. In the case where the employer can prove that the employee is joining the competitor to disclose the trade secret or technical know-how then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Act makes provision for un-liquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. So, in the prevailing situation, if you were not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the concerned Labour Commissioner for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. But, if you were holding the position of Manager or Administrator in the Company, you have to file a civil suit before the Civil Court for desired relief in the matter. Feel free to contact our legal team of expert professionals, if required, to navigate the issue in the right way.
The company can legally can not do so but also some companies may not have any rules or guidelines to give out the release letter at all. it is advisable to send out a legal notice to the company and intimate them of filing suit for compensation for mental torture and others.
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