Resignation

keshavnandodi (Querist) 19 October 2010 This query is : Resolved
3-52006 an employee resigned to his post with management to be effective from 2-6-2006 which is one month's advance notie as per service rules of company. Later he came to know that his resignation letter was not accepted, he was not releived from service, and no communication regarding his resignation letter. So he withdraw resignation letter as per his letter dated 5-8-2006. after receipt of withdrwal of resignation letter on 9-8-2006 management informed by thier letter dated 24-8-2006 that his resignation letter was accepted on 21-7-2006 meeting itself and he cannto withdraw it now. my question is When can resignation will be effective when he was not communicated regarding acceptance. As per ruling of Suprement Court reported in 2003, II, LLJ page 839 supreme court held resignation effective from the day of acceptance and its non communication did not render it inoperative.
My doubt is now, is communication is not must with regard to acceptance or status of resignation letter and reliveing order is must and it is to be communicated to employee. is there any case law after 2003 supreme court.

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Advocate. Arunagiri (Expert) 20 October 2010
What is the current status of the employee? Whether he was relieved or not? Acceptance of resignation is different from relieving. Whether he received the salary till the date of relieving?
When the company has not relieved a person during the notice period, it clearly shows that his resignation was not accepted. The company can not relieve him arbitrarily at a latter date as specified by you.
He can claim for damages. He is having a good case.