S.D. Manohara Vs Konkan Railway Corporation Limited & Ors. (Supreme Court of India)
Supreme Court held that employee has withdrawn his resignation before its acceptance by employer as there are clear indications that there was no finality to the letter of resignation.
Facts- The appellant has been in service of the respondent since 1990. After having put in 13 years of service, he tendered his resignation on 05.12.2013 stating that it may be considered as coming into effect on expiry of one month. On the question whether this resignation letter was withdrawn before its acceptance, there are a number of letters and instances cited by the appellant and the respondent as well, but the crucial letters that would clinch the issue are just four in number.
The short facts necessary for resolution of this dispute revolve around the invariable question that arises in disputes involving withdrawal of the resignation letter1, i.e. whether the employee has withdrawn his resignation before its acceptance by the employer or not.
Conclusion- It is an admitted fact that the appellant has in fact reported to duty on 19.05.2014. There is also the communication of the appellants wife on 17.04.2014 and 20.05.2014 requesting that the resignation dated 05.12.2013 should not be accepted by the respondents. As stated earlier, there is also the letter dated 10.05.2014 of the respondent asking the appellant to report on duty for considering his unauthorised absence from 28.04.2014 to 18.05.2014 which gives an indication that there was no finality to the letter of resignation dated 05.12.2013.
