withdrawal of resignation
A V Vishal
(Expert) 14 May 2009
Sir
In my opinion, the resignation of your client was accepted and he was asked to serve the notice period. The client has submitted an application to withdraw the resignation, since the acceptance was conveyed to the employee by the employer much earlier than the date of application, the services of your client is terminated for all practical(Legal) purpose. There are no options left, unless, the employer is interested in reinstating the employee back into service.
A V Vishal
(Expert) 14 May 2009
Yes Sir,
There is a case law but in that case the employee who had applied for VRS, withdraw his application before the VRS was approved by the management, hence the court has upheld that withdrawal before acceptance is valid hence the employee can continue in service, however, in the instant case, the resignation is accepted hence there can be no defence.
A V Vishal
(Expert) 14 May 2009
Dear Sir
I have a case law of Supreme court, hope it is helpful.
SUPREME COURT OF INDIA
Before :- N. Santosh Hegde and B.P. Singh, JJ.
Civil Appeal No. 3506 of 2003 (Arising out of SLP(C) No. 7800 of 2002). D/d. 17.4.2003
North Zone Cultural Centre & Anr. - Appellants
Versus
Vedpathi Dinesh Kumar - Respondent
PALNITKAR V.V.
(Expert) 14 May 2009
What Mr. Vishal says is right. Unless the employer wants the person to serve the partnership, the partner who has resigned has no right to withdraw the resignation once it is accepted.
