In a significant legal case, the Supreme Court of India has addressed the resignation withdrawal dispute between the parties. The case involved a dispute over the withdrawal of resignation before acceptance by the employer. The court’s decision has implications for the reinstatement and benefits of the appellant. Find out more about the key findings and implications of this important judgment.
Facts
- Employer justified in rejecting request for withdrawal of resignation as it was accepted with effect from a certain date
- The application for withdrawal was submitted after the resignation came into force
- The High Court Division Bench allowed the Writ Appeal filed by the employee
- The Division Bench analysis and decision were based on two paragraphs of the judgment
- The petitioner was relieved from his position on 01.07.2014 based on a communication dated 15.04.2014.
- An official order for the petitioner’s relief was issued on 15.07.2014.
- The appellant questioned the correctness of the High Court’s decision and filed an appeal.
- The notice for the present appeal was issued on 29.10.2021.
- The resignation of the petitioner was not accepted initially, and he was allowed to work until 01.07.2014.
- The letter to withdraw the resignation was sent on 26.05.2014.
- The communication rejecting the request to withdraw the resignation was made on 23.06.2014.
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Issue
- Resolving a long-standing service dispute between the parties
- The key issue in the dispute was whether the employee had withdrawn their resignation before its acceptance by the employer
- On examination, it was found that the resignation was indeed withdrawn before its acceptance
- The appeal was allowed, and the appellant was directed to be reinstated
- To balance equities, the appellant’s salary for the period not worked was restricted to 50% of the salary payable for that period
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Analysis
- Appellant claims that the letter accepting his resignation dated 15.04.2014 was not issued to him.
- Appellant has been in service of the respondent since 1990.
- Appellant’s wife sent letters on 17.04.2014 and 20.05.2014 requesting not to accept the resignation dated 05.12.2013.
- The letter dated 15.04.2014 is considered as an internal communication by the appellant.
- The delay of 13 days in communicating the acceptance of resignation is deemed reasonable.
- The respondent requested the appellant to report to duty on 10.05.2014 for unauthorized absence.
- The competing claims about the withdrawal of resignation lie between 28.04.2014 to 18.05.2014.
- The single Judge concluded that the resignation was withdrawn before its acceptance.
- Undue delay in accepting the resignation by the respondent.
- Appellant had put in 13 years of service before resigning on 05.12.2013.
- The key letters in the case are limited to four.
- The respondent claims resignation was accepted on 15.04.2014, with effect from 07.04.2014.
- Appellant sought to withdraw resignation on 26.05.2014.
- Appellant states continued service despite the initial resignation letter.
- No clear evidence of the letter of resignation being served on the appellant.
- The decision in Vedpathi Dinesh Kumar’s case does not help the respondents.
- Petitioner submitted a letter on 26.5.2014 to withdraw resignation before the effective date of 01.07.2014.
- Official order on 15.07.2014 relieved the petitioner of duties, contrary to withdrawal of resignation.
- Respondents’ decision on 23.06.2014 not accepting withdrawal of resignation is unsustainable in law.
- Single Judge’s decision was correct, Division Bench erred in not considering the communication dated 15.04.2014.
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Decision
- The appellant shall be entitled to receive 50 percent of salary from 01.07.2014 to the date of reinstatement.
- The learned Single Judge allowed the Writ Petition and directed the appellant’s reinstatement with all benefits.
- The period between relief from service and reinstatement shall be counted for pensionary benefits.
- The judgment of the Division Bench of the High Court of Karnataka in Writ Appeal No 3982 of 2019 (S-RES) is set aside.
- The appellant must be reinstated into service within thirty days from the date of the order.
- The appellant challenged the rejection of his withdrawal in Writ Petition No 50662/2014 (S-RES).
- The resignation submitted on 05.12.2013 was accepted with effect from 07.04.2014.
- Each party shall bear their own costs.
Case Title: S.D. MANOHARA Vs. KONKAN RAILWAY CORPORATION LIMITED (2024 INSC 693)
Case Number: C.A. No.-010567-010567 – 2024
