withdrawal of resignation
Guest
(Querist) 14 May 2009
This query is : Resolved
Facts :- (1) A person appointed in a managerial position and also allotted with partnership shares in a firm;
(2) He renders resignation;
(3) The firm accepts and asks him to perform notice period;
(4) The person submit application to withdraw the resignation;
What are the options available to the person?
If he is not allowed to withdraw his resignation, can he seek legal remedy?
Its' a peculiar situation and querry as well, learned members' suggestions are solicited; Tks.
A V Vishal
(Expert) 14 May 2009
Sir
In my opinion, the resignation of your client was accepted and he was asked to serve the notice period. The client has submitted an application to withdraw the resignation, since the acceptance was conveyed to the employee by the employer much earlier than the date of application, the services of your client is terminated for all practical(Legal) purpose. There are no options left, unless, the employer is interested in reinstating the employee back into service.
Guest
(Querist) 14 May 2009
Dear Mr. Vishal sir, tks for the prompt reply;
I too have applied 'contract law principles' in this situation, but, looking back, i remember a case in which an airlines employee was allowed to withdraw his resignation application (as 'VRS' scheme was announced by the airlines);
Another pecularity in this case is some of the management persons wants the individual except few;
However, though the individual has committed an error of hurrying-up with his resignation, as the individual has sought the partnership shares and its' rights details, will it help to obtain an injunction to 'stay the relieving process'?
A V Vishal
(Expert) 14 May 2009
Yes Sir,
There is a case law but in that case the employee who had applied for VRS, withdraw his application before the VRS was approved by the management, hence the court has upheld that withdrawal before acceptance is valid hence the employee can continue in service, however, in the instant case, the resignation is accepted hence there can be no defence.
A V Vishal
(Expert) 14 May 2009
Dear Sir
I have a case law of Supreme court, hope it is helpful.
SUPREME COURT OF INDIA
Before :- N. Santosh Hegde and B.P. Singh, JJ.
Civil Appeal No. 3506 of 2003 (Arising out of SLP(C) No. 7800 of 2002). D/d. 17.4.2003
North Zone Cultural Centre & Anr. - Appellants
Versus
Vedpathi Dinesh Kumar - Respondent
Guest
(Querist) 14 May 2009
Dear Vishal Sir, Thanks a lot.
PALNITKAR V.V.
(Expert) 14 May 2009
What Mr. Vishal says is right. Unless the employer wants the person to serve the partnership, the partner who has resigned has no right to withdraw the resignation once it is accepted.
