News
Withdrawal of Resignation Before Formal Acceptance by Employer Valid
On 13th Sept 2024, the division bench of the Hon’ble Supreme Court put an end to a long-standing service dispute between Konkan Railways and its employee, affirming that resignation may be withdrawn if the acceptance of the resignation by the employer is not officially communicated to the employee.
The Court clarified that the internal communication of the acceptance of the resignation letter cannot be deemed to be the official acceptance of the resignation letter unless it has been communicated to the employee.
In the present case, the resignation was not accepted as sought for by the petitioner at the expiry of one month from 05.12.2013, and he was allowed to work till he was relieved only on 01.07.2014 with an office order issued on 15.07.2014. Although the Railway Corporation claimed that the resignation letter was accepted on 07.2.2014, the Court observed that there was no official communication of the same to the employee.
In fact, the employee was constantly in touch with the employer and was even called to report to duty through a letter dated 10.05.2014 due to his unauthorized absence from 28.04.2014 to 18.05.2014. Further, the letters written by the appellant’s wife, requesting the employer not consider the resignation letter of her husband, were also cited to give an indication that the letter of resignation was not final.
The court directed for the reinstatement of the employee, allowing him 50% of the salary for the relieved period and inclusion of the period for pensionary benefits.
