Withdrawal of risignation by an employee post acceptance

MS Moorthy (Querist) 29 May 2009 This query is : Resolved
Dear Expert,

We have an employee in senior management who was involved in some prformance issues & ethics issues. Post investigation he offered to resign from 31 May. His resignation letter dated 29 April was accepted & communicated on 07 May. On 29th May he sends a communiation stating withdrawal of Resignation.
Could please guide the legal position & course of action.

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A V Vishal (Expert) 30 May 2009
Dear Friends,

Agree to a certain extent with the PK Mittal case, however, the terms of employment in that case required 3 months notice and the bank waived the notice period. In the instant case, terms of employment and other conditions are to be looked into before reaching a conclusion, much depends on terms of the employment

SANJAY DIXIT (Expert) 30 May 2009
Thanks to Mr R. Sivasubramanian for sharing knowledge.

Swami Sadashiva Brahmendra Sar (Expert) 30 May 2009
after acceptace, the resignation can not be withdrawn.

B.B.R.Goud. (Expert) 01 June 2009
i do agree with learned friends...
Thanks to Mr R. Sivasubramanian for sharing knowledge.
The employer or management or appointing authority shall not accept the resignation, before the expiry of the specified notice period, even whenever he gives resignation.