Withdrawal of risignation by an employee post acceptance
MS Moorthy
(Querist) 29 May 2009
This query is : Resolved
Dear Expert,
We have an employee in senior management who was involved in some prformance issues & ethics issues. Post investigation he offered to resign from 31 May. His resignation letter dated 29 April was accepted & communicated on 07 May. On 29th May he sends a communiation stating withdrawal of Resignation.
Could please guide the legal position & course of action.
Guest
(Expert) 29 May 2009
Recently an Indian working at US has approached me for a similar case (After speaking through phone and after sending his documents through email, he did not bother to respond to my email and didn't have courtesy even to call me back). For him, I have raised a querry at this Forum also. Anyhow, I am sharing the information I have collected for him.
The question of when does a resignation become effective and can it be withdrawn before its acceptance by the employer depends on the facts of each case. In one case, by a letter dated 07.1.86, a bank employee sent his resignation to be effective from 30.6.1986. The Bank management informed the employee by a letter dated 07.2.86 that his resignation was accepted by waiving the condition of notice. The employee filed a writ petition in the HC challenging the action of the management of the bank and prior to hearing of the w.p. withdrew his resignation. The HC held that the management of the bank could not accept the resignation before the expiry of the notice period. The bank management has lost the appeal at Supreme court also (CASE LAW ;- PUNJAB NATIONAL BANK Vs. PK Mittal, 1989 LLR Vol. XX 194).
WE ALL ARE UNDER THE WRONG IMPRESSION THAT ONCE A RESIGNATION HAS BEEN ACCEPTED, IT CAN'T BE WITHDRAWN. In the above quoted case law, the court has observed that 'it is true that there is no specific provision in the regulations permitting the employee to withdraw the resignation. It is however, not necessary that there should be any specific rule.
Coming back to your querry, as the individual has opted to render resignation 'post-investigation', it is advisable to issue him a 'show cause notice' based on the investigation carried out, seeking his explanation. Once you follow proper administrative law procedures, he cannot challenge it before any court of law.
A V Vishal
(Expert) 30 May 2009
Dear Friends,
Agree to a certain extent with the PK Mittal case, however, the terms of employment in that case required 3 months notice and the bank waived the notice period. In the instant case, terms of employment and other conditions are to be looked into before reaching a conclusion, much depends on terms of the employment
SANJAY DIXIT
(Expert) 30 May 2009
Thanks to Mr R. Sivasubramanian for sharing knowledge.
B.B.R.Goud.
(Expert) 01 June 2009
i do agree with learned friends...
Thanks to Mr R. Sivasubramanian for sharing knowledge.
The employer or management or appointing authority shall not accept the resignation, before the expiry of the specified notice period, even whenever he gives resignation.
MS Moorthy
(Querist) 04 June 2009
Thanks to Mr. Sivasubramanian for the knowledge sharing.
MS Moorthy
Swami Sadashiva Brahmendra Sar
(Expert) 30 May 2009
