Case Note & Summary
The review petition was filed by Konkan Railway Corporation Ltd. against the Supreme Court's judgment dated 13.09.2024, which had allowed the civil appeal of the respondent-employee, S.D. Manohara, and set aside the High Court's order that he could not withdraw his resignation. The employee had resigned by letter dated 05.12.2013 with effect from 05.01.2014. However, he withdrew his resignation on 26.05.2014. The employer's letters dated 23.06.2014, 01.07.2014, and 15.07.2014 showed that the resignation was accepted with effect from 01.07.2014, i.e., after the withdrawal. The Supreme Court had held that the withdrawal was valid as it occurred before acceptance, and considering the employee's 23 years of unblemished service, directed reinstatement with 50% back-wages from 01.07.2014 to the date of reinstatement. In the review petition, Konkan Railway argued that the letter accepting resignation was communicated to the employee on 16.04.2014, and that the employee did not report to duty on 19.05.2014 but only for relieving. The Court found that these alleged errors did not change the core fact that the resignation was accepted only on 01.07.2014, after the withdrawal on 26.05.2014. The Court also upheld the grant of 50% back-wages on equitable grounds, noting the employee's long service and the decade-long litigation. The review petition was dismissed with no order as to costs.
Headnote
A) Service Law - Resignation - Withdrawal before acceptance - An employee can withdraw resignation before it is accepted by the employer; acceptance communicated after withdrawal is ineffective - Held that the respondent-employee withdrew resignation on 26.05.2014 before the employer's acceptance on 01.07.2014, thus resignation was not validly severed (Paras 1-4).
B) Service Law - Back-wages - Equity - 'No work no pay' principle - In cases of long unblemished service and prolonged litigation, courts may grant partial back-wages on equitable grounds - Held that 50% back-wages from 01.07.2014 to reinstatement was justified given 23 years of unblemished service and decade-long contest (Paras 5-6).
Issue of Consideration
Whether the review petition discloses any error apparent on the face of the record warranting review of the judgment dated 13.09.2024
Final Decision
Review petition dismissed; no case made out for review of judgment dated 13.09.2024; parties to bear own costs.
Law Points
- Resignation can be withdrawn before acceptance
- Employee's long unblemished service weighs in equity
- 'No work no pay' principle not absolute in service matters
Case Details
2025 LawText (SC) (11) 454
Review Petition (C) No. 2193/2024 in Civil Appeal No. 10567 of 2024
Pamidighantam Sri Narasimha, Pankaj Mithal
Konkan Railway Corporation Ltd. & Ors.
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Nature of Litigation
Review petition against Supreme Court judgment allowing employee's appeal regarding withdrawal of resignation
Remedy Sought
Review of judgment dated 13.09.2024 by Konkan Railway Corporation
Filing Reason
Alleged errors in concluding that resignation acceptance letter was internal communication and that employee reported to duty on 19.05.2014
Previous Decisions
High Court of Karnataka held employee cannot withdraw resignation; Supreme Court allowed civil appeal on 13.09.2024, setting aside High Court order and granting reinstatement with 50% back-wages
Issues
Whether the letter dated 15.04.2014 accepting resignation was communicated to the employee before withdrawal
Whether the employee reported to duty on 19.05.2014 or only for relieving
Whether grant of 50% back-wages violates 'no work no pay' principle
Submissions/Arguments
Konkan Railway argued that the letter accepting resignation was communicated on 16.04.2014, not internal; employee did not report to duty on 19.05.2014 but came for relieving; 50% back-wages contrary to 'no work no pay'
Employee (respondent) had withdrawn resignation on 26.05.2014 before acceptance on 01.07.2014, and had 23 years unblemished service
Ratio Decidendi
An employee can withdraw resignation before it is accepted by the employer; acceptance after withdrawal is ineffective. In service matters, equity may justify partial back-wages despite 'no work no pay' principle, especially when employee has long unblemished service and has been litigating for years.
Judgment Excerpts
The fact remains that, though the respondent employee resigned by letter dated 05.12.2013, with effect from 05.01.2014, the final letters of the Konkan Railway dated 23.06.2014, 01.07.2014 and 15.07.2014 conclusively established that the resignation is accepted with effect from 01.07.2014.
In any event of the matter, justice and equity lie in favour of the employee, who has rendered 23 years of unblemished service.
Procedural History
Employee resigned on 05.12.2013; withdrew resignation on 26.05.2014; employer accepted resignation on 01.07.2014. High Court of Karnataka held employee cannot withdraw resignation. Supreme Court allowed Civil Appeal No. 10567 of 2024 on 13.09.2024, setting aside High Court order and granting reinstatement with 50% back-wages. Konkan Railway filed Review Petition (C) No. 2193/2024, which was dismissed on 25.11.2025.
