Legal Question in Employment Law in India

hello , i worked as a non pg jr at kalawati saran children's hospital , lady hardinge medical college , new delhi in the deptt of paediatric surgery,

following is a part of their terms and conditions:

clause4: TERMINATION OF SERVICE BY EMPLOYER:

The services are liable to be terminated by the appointing authority on one month's notice or one month's salary in lieu thereof. The appointing authority,however,reserves the right of terminating the services forthwith or before the expiration of the stipulated period of notice by making payment of a sum equivalent to the pay and allowances for the period of notice or the unexpired portion thereof.

clause5: RESIGNATION BY THE EMPLOYEE-CONDITIONS FOR ACCEPTANCE:

As the NON- PG JR would be engaged on work of importance i.e.patient care and it takes time to make alternative arrangements for filling the post,the resignation shall not be accepted straightway but only when alternative arrangements for filling the post have been made.Thus the notice of resignation tendered by the NON-PG Junior Residents,given either with immediate effect or on completion of one month's notice,shall not come into effect suo moto until or unless a communication regarding acceptance of resignation is issued by the administrative division with approval of the competent authority.

now, i had given a notice for the resignation on october 29, 2013 but i'm still awaiting their response,

Q1.so i want to know when a non pg jr gives one month's notice for his/her resignation,then after much time he/she must get the notification of acceptance/unacceptance of his/her resignation?

Q2. Acc. to appointment letter they can terminate the employee whenever they want but an employee cannot leave the job(for which they have already deposited one month's salary as as security money) ,is it legal according to laws of the country, shouldn't be terms and conditions be equal for both employee and employer?

thankyou.


Asked on 1/08/14, 4:42 pm

1 Answer from Attorneys

Vishwa Arya Arya & Co.

This is an interesting question of law. The rule is itself

bad. At present, you may please make a RTI application

Seeking information:

What steps n when - the admin has taken for an alternative recruit.

How long more the admin will take?

Your remedy will b to file a writ in the High Court for acceptance of your

Resignation n for discharge from duties

Read more
Answered on 1/08/14, 7:10 pm


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