Case Note & Summary
The petitioner, Sri P.R. Bhaskar, was employed as a Manager at Nethradhama Super Specialty Eye Hospital Pvt. Ltd. He tendered his resignation on 18.12.2013 via intra-mail. The next day, on 19.12.2013, he sent an email withdrawing his resignation, followed by a formal letter of withdrawal dated 23.12.2013. Receiving no response from the respondents, he filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a declaration that he is deemed to be in service throughout and consequently entitled to arrears of salary and other benefits. The court considered the legal position regarding withdrawal of resignation. The petitioner's counsel argued that the resignation had not been accepted before the withdrawal was communicated. However, the court noted that the resignation was submitted on 18.12.2013 and the withdrawal was sent on 19.12.2013, but the employer did not respond. The court held that once a resignation is tendered and accepted by the employer, it cannot be unilaterally withdrawn by the employee without the employer's consent. Since the employer did not accept the withdrawal, the resignation stood accepted. The court dismissed the writ petition, finding no merit in the petitioner's claim for deemed service and arrears of salary.
Headnote
A) Service Law - Resignation - Withdrawal of Resignation - Once resignation is tendered and accepted by the employer, it cannot be unilaterally withdrawn by the employee without the employer's consent - The petitioner, a Manager, tendered resignation on 18.12.2013 and sent withdrawal on 19.12.2013, but the employer did not respond - Held that the resignation stood accepted and the petitioner cannot claim deemed service (Paras 1-3).
Issue of Consideration
Whether an employee can unilaterally withdraw a resignation after it has been accepted by the employer, and whether the employee is entitled to a declaration of deemed continuance in service.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Resignation
- Withdrawal of resignation
- Employer's acceptance
- Unilateral withdrawal
- Contract of service
- Articles 226 and 227 of Constitution of India
