I am being forced to resign from my job in Kharagpur — is it illegal constructive dismissal?
LA Asked by Lakshmi Menon from India
Quick Answer
Forced resignation amounts to constructive dismissal and can be challenged under the Industrial Disputes Act, 1947 for your job in Kharagpur.
Detailed Legal Analysis
Forced resignation amounts to constructive dismissal and can be challenged under the Industrial Disputes Act, 1947 for your job in Kharagpur. The employer must prove valid grounds and follow due process for termination.
Disputes are adjudicated by the labour court with appeals to the Calcutta High Court under Section 2-A. Employment in West Bengal is also regulated by West Bengal Premises Tenancy Act 1997 governing the West Bengal Shops and Establishments Act.
The court may order reinstatement with back wages if forced resignation is proved. Collect evidence of coercion such as emails and witness statements.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.