prevents
Directors and persons in control from taking shelter behind
technical statuses of the corporate vehicle, particularly
where they have failed in their own statutory ... Instead, his
defence rests substantially on a belated assertion of
resignation and on a technical plea of non-service, both of
which, upon scrutiny
fastened with criminal liability for defaults allegedly
committed after his resignation. It is also urged that there
was no proper service of notice, no proof ... responsibility, and such liability
cannot be evaded on mere technical pleas.
14. The plea of resignation taken by the appellant
cannot be examined in isolation
Director, Technical" of 1 st accused
company with effect from 01.11.2010. Since 01.11.2010
complainant discharged his duty as "Director, Technical ... working as "Director - Technical" in the 1 st
accused company since 01.11.2010; he voluntarily submitted
resignation on 01.08.2016; on 31.08.2016 he was relieved
Director in statutory Form No.5A and that
no mandatory intimation of resignation was ever given to
the Provident Fund Authorities as required under Para ... continuing offence and that the appellant
cannot escape liability on technical pleas of resignation or
non-service of notice.
9. Heard. The entire original records
laden with
statutory consequences. Mere resignation in internal
company records does not ipso facto absolve statutory
liability, unless such resignation is communicated to the
Provident ... corporate technicalities cannot dilute the
statutory object of employee welfare.
18. The appellant cannot be permitted to rely upon
a private act of resignation, while
legal presumption of responsibility, which cannot
be rebutted by mere private resignation unless the same is
communicated and acknowledged by the statutory
authority ... doctrine defeats the argument of limitation or the technical
plea based on delay.
17. A resignation in corporate law has civil effect
inter se between
salary by the accused tendered his resignation on
07.07.2016 and thereby resigned from his job as Technical Architect
at Techsoft Technologies and notified the accused
Chief Fabrication Division and resigned from the
company on 11.3.2009 with a designation of
DirectorTechnical.
The Defendant No.5 further submits that ... Defendant
No.1 company as Professional Director. Since
he had tendered his resignation to the job in
the company, he had tendered his resignation
through his dedication,
determination and hard work, he became the General
Manager Technical within a span of 10 years. The
defendant Company had been constantly ... progressed,
the plaintiff was in the Technical Department and
thereafter on 02.11.2012 he has voluntarily handed
over his resignation vide e-mail stating family problems
injured /
deceased he had to resign the job. In the said case the
tribunal on technicalities rejected the claim for salary
medical expenses and percentage
