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Adv Shifa
Adv Shifa. | 2 months ago | 112 Views

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

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Adv Shifa Adv Shifa

Updated: 09-03-2024

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In a recent judgement given in the case of S. D. Manohara v Konkan Railway Corporation Ltd. & Ors., the Hon’ble Supreme Court of India ordered the reinstatement of a Railways employee observing that he withdrew his resignation letter before it was accepted. 

The Court held that unless the acceptance of the resignation has been communicated to the employee, the resignation shall not be deemed to be accepted. 

Facts of the Case:- 

  • The appellant, after a service of 23 years in the Konkan Rail Corporation (respondent) since the year 1990, tendered his resignation on 5.12.2013, which may be considered as effective after a month. 
  • The resignation letter was later accepted on 7.04.2014, however no official communication was there regarding such acceptance, later on, dated 26.05.2014, the appellant withdrew his resignation through a letter. 
  • The respondent, i.e the Konkan Rail Corporation dismissed the appellant from employment from 1.07.2014.
  • However, as has been mentioned earlier, the resignation letter was accepted on 7.04.2014, the appellant was considered to be on an unauthorised absence from 28.04.2014 to 18.05.2014 and was called to report on duty, which he followed and joined on 19.05.2014.
  • The appellant argued that as the resignation letter submitted on 5.12.2013 was not finalised, he can’t be considered to be relieved from  his job. Also, he was continuously in touch with the employer, even reporting on duty when called upon his unauthorised absence, which ultimately explains that his resignation was  not accepted. 
  • The appellant, instead of relieving him from job moved to High Court, where the decision was rendered in the favour of the appellant by the Single Bench. The decision was later reversed by the Division Bench.

Judgement by the Supreme Court:- 

  • The Supreme Court Bench including Justices PS Narasimha and Pankaj Mithal observed that it cannot be accepted that the appellant resigned from his job as he was in contact with the employer continuously. Also, no formal communication was followed through by the employer, informing the appellant of his dismissal or the acceptance of his resignation. 
  • The Court pointed out that even though it could be accepted that there is a letter regarding the acceptance of resignation by the appellant dated 15.4.2014, it must be noted that such letter is a part of internal communication and that there is an absence of a clear communication with the employee/ appellant regarding the same.  
  • The Court also observed that the fact of asking the appellant to join the duty after his “unauthorised absence” from 28.04.2014 to 18.05.2014, indicates that the letter of resignation dation 5.12.2013 was not finalised. 
  • Thus, accepting the judgement passed by the  Single Judge Bench of the High Court, the argument put forth by the respondent regarding the denial of the letter to withdraw the resignation letter by the appellant, was rejected by the  Supreme Court.
  • The Supreme Court directed the Konkan Railway Corporation to reinstate the appellant within a period of 30 days from the date of order. The appellant would, however, be entitled to 50 percent of the salary for the period he was relieved from the service, the amount will be calculated and paid within 2 months from the date of order.

Sharks of Law boasts of a team of experienced advocates who specialise in various legal fields, and prioritise the case of each and every client, thus, ensuring unique legal strategies accordingly. Hence, in case you are facing certain legal problems and seek legal counsel or wish to talk to a lawyer online, you may contact us.  

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Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Adv Arjun Sharma • 07/09/2024

How To Apply For A Marriage Certificate ? +91-8877001993

How To Apply For A Marriage Certificate ? +91-8877001993

Adv Tanvi Malik • 09/09/2024

How Is Murder Punishable? 8877001993

How Is Murder Punishable? 8877001993

Adv Arjun Sharma • 14/09/2024

Cheque Bounce Lawyers In Delhi 91-8877001993

Cheque Bounce Lawyers In Delhi 91-8877001993

Adv Rahul Pandey • 18/09/2024

Dowry Death And Its Punishment 91-8877001993

Dowry Death And Its Punishment 91-8877001993

Adv Samman Singh • 19/09/2024

How To Escape From Cheque Bounce Cases ?91-8877001993

How To Escape From Cheque Bounce Cases ?91-8877001993

Adv Anshul Jain • 20/09/2024

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Adv Shubham Pahuja • 24/09/2024

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Adv Ankit Kansal • 24/09/2024

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Adv Rahul Pandey • 25/09/2024

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Adv Kanishk Garg • 25/09/2024

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Adv Anshul Jain • 27/09/2024

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

Role Of The Best Family Lawyers In Delhi +91-8877001993

Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Adv Ankit Kansal • 05/10/2024

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Adv Kanishk Garg • 09/10/2024

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

Govt Pleas For Criminalizing Marital Rapes?

Govt Pleas For Criminalizing Marital Rapes?

Adv Tanvi Malik • 14/10/2024

Maintenance To Woman In Live In Relationship 91-8877001993

Maintenance To Woman In Live In Relationship 91-8877001993

Adv Ankit Kansal • 15/10/2024

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Adv Anshul Jain • 18/10/2024

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Adv Shubham Jindal • 25/11/2024

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Adv Shubham Pahuja • 26/11/2024

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Adv Anshul Jain • 06/12/2024

What To Do If A Police Officer Is Harassing You? 91-8877001993

What To Do If A Police Officer Is Harassing You? 91-8877001993

Adv Arjun Sharma • 21/12/2024

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