Case Note & Summary
The petitioner, Sadiq Shafi Qureshi, was serving as an Assistant Manager with the erstwhile Corporation Bank (now merged with Union Bank of India). He submitted an undated resignation letter on 06.05.2017, which was not accepted due to its form. He then submitted a resignation letter on 22.05.2017, followed by a letter on 04.08.2017. On 06.09.2017, the bank informed him that his resignation was accepted, and his relieving date would be 14.09.2017 after adjusting leave. The petitioner was relieved on 14.09.2017. Later, on 13.09.2017 and 12.03.2020, he sought to withdraw his resignation, but the bank rejected his request. The bank issued a communication on 15.05.2020 reiterating that he was relieved under the Voluntary Retirement Scheme and Pension Regulations. The petitioner challenged this communication and sought reinstatement with continuity and back wages. The court examined whether an employee can withdraw resignation after acceptance and relief. The court held that once the resignation is accepted and the employee is relieved, the employer-employee relationship ends, and the employee cannot unilaterally withdraw. The court also noted that the petitioner did not challenge the acceptance in 2017 and filed the petition in 2021, which was barred by delay. The petition was dismissed.
Headnote
A) Service Law - Voluntary Retirement - Withdrawal of Resignation - Corporation Bank (Employees’) Pension Regulations, 1995 - The petitioner, an Assistant Manager, submitted resignation/voluntary retirement which was accepted and he was relieved. He later sought to withdraw the resignation. The court held that once the resignation is accepted and the employee is relieved, the jural relationship of employer-employee comes to an end, and the employee cannot unilaterally withdraw the resignation. The court relied on the principle that an employee cannot withdraw resignation after it has been accepted and the employee has been relieved. (Paras 2-10)
B) Service Law - Acceptance of Resignation - Communication of Acceptance - The court noted that the petitioner was informed on 06.09.2017 that his resignation was accepted and his relieving date was 14.09.2017. The petitioner did not challenge this communication at that time. The court held that the acceptance was communicated and the petitioner was relieved, thus the resignation could not be withdrawn. (Paras 6-8)
C) Service Law - Delay and Laches - The petitioner filed the writ petition in 2021 challenging the communication dated 15.05.2020, which was merely a reiteration of the earlier acceptance. The court held that the petition was barred by delay and laches as the petitioner did not challenge the acceptance in 2017. (Paras 9-10)
Issue of Consideration
Whether an employee can withdraw his resignation/voluntary retirement after it has been accepted by the employer and the employee has been relieved from service.
Final Decision
The writ petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Voluntary retirement
- resignation
- withdrawal of resignation
- acceptance of resignation
- service regulations
- pension regulations
- Corporation Bank (Employees’) Pension Regulations
- 1995
Case Details
2022 LawText (BOM) (03) 96
Writ Petition No. 1770/2021
A.S. Chandurkar, G.A. Sanap
S.S. Qureshi (petitioner in person), C.S. Samudra (for respondents)
M.D. and C.E.O., Union Bank of India and Others
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Nature of Litigation
Writ petition challenging communication regarding voluntary retirement and seeking withdrawal of resignation and reinstatement.
Remedy Sought
Petitioner sought to quash communication dated 15.05.2020, acceptance of his applications dated 13.09.2017 and 12.03.2020 to withdraw resignation, and reinstatement with continuity and full back wages.
Filing Reason
Petitioner's resignation was accepted and he was relieved, but he later sought to withdraw it, which was rejected by the bank.
Previous Decisions
The bank had accepted the resignation on 06.09.2017 and relieved the petitioner on 14.09.2017. The petitioner did not challenge this earlier.
Issues
Whether the petitioner can withdraw his resignation after it has been accepted and he has been relieved from service.
Whether the writ petition is barred by delay and laches.
Submissions/Arguments
Petitioner argued that he had taken steps to intervene in contempt proceedings against Mr. V. Mallya and that his resignation was not voluntary.
Respondents argued that the resignation was accepted and the petitioner was relieved, and the withdrawal was not permissible under the regulations.
Ratio Decidendi
Once a resignation is accepted by the employer and the employee is relieved from service, the jural relationship of employer-employee comes to an end, and the employee cannot unilaterally withdraw the resignation. The employee must challenge the acceptance within a reasonable time, and delay in doing so bars the remedy.
Judgment Excerpts
The petitioner, who was serving as ‘Assistant Manager’ with the erstwhile Corporation Bank which has now merged with Union Bank of India (for short, the Bank), has challenged the communication dated 15.05.2020 issued to him by the Bank by virtue of which the petitioner has been informed that his services were relieved on 14.09.2017 under the Voluntary Retirement Scheme and in accordance with the Corporation Bank (Employees’) Pension Regulations, 1995.
The petitioner was informed that if he desired to resign from the service, he was free to submit his letter of resignation through proper channel.
On 06.09.2017 the petitioner was informed by his employer that after considering his letter of resignation dated 22.05.2017 as well as subsequent letter dated 04.08.2017, the notice period of three months would expire on 21.08.2017. Since the petitioner had availed leave for the period of twenty four days from the date of submission of his request for voluntary resignation, his relieving date would be 14.09.2017.
Procedural History
The petitioner submitted resignation on 22.05.2017, which was accepted on 06.09.2017 with relieving date 14.09.2017. He sought withdrawal on 13.09.2017 and 12.03.2020, which was rejected. The bank issued communication on 15.05.2020. The petitioner filed the writ petition in 2021 challenging the communication and seeking reinstatement.
Acts & Sections
- Corporation Bank (Employees’) Pension Regulations, 1995:
