Hello Seniors,
I recently learned about the Supreme Court verdict on a labor issue, which states that an individual can withdraw their resignation within the notice period. They are entitled to all kinds of compensation if they were not provided with employment or not allowed to resume their job.
Being away from India and having access to censored newspapers, I often miss out on important events in our beloved motherland. I kindly request my seniors and friends to provide me with the complete story.
Thank you.
Regards,
Karunadasp
From Oman, Muscat
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3I recently learned about the Supreme Court verdict on a labor issue, which states that an individual can withdraw their resignation within the notice period. They are entitled to all kinds of compensation if they were not provided with employment or not allowed to resume their job.
Being away from India and having access to censored newspapers, I often miss out on important events in our beloved motherland. I kindly request my seniors and friends to provide me with the complete story.
Thank you.
Regards,
Karunadasp
From Oman, Muscat
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Hi Karuna,
Here's the info..
Cheers,
Rajat
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"Put in your papers? You can change your mind before the notice period" (Source: Rediff.com)
The Supreme Court on Saturday held that an employee can withdraw his resignation during the notice period and is entitled to consequential benefits from the company if he is not allowed to work.
While giving the ruling, the court referred to several of its earlier verdicts by which it has been settled that an employee remains in service if he withdraws his resignation within the notice period, and thus the relationship of an employer and employee does not come to an end.
The judgment came on a petition by an employee who had challenged the Karnataka High Court verdict dismissing his plea that he was entitled to be in the service of the company with all benefits after he withdrew his resignation during the notice period as per the rules of the company.
Setting aside the High Court verdict, a bench comprising Justice B N Srikrishna and Justice C K Thakker directed the company to treat the employee in continuous service up to the age of superannuating and give him all benefits, including arrears of salary.
"Having given anxious consideration to the facts and circumstances of the case and in the light of Service Rules and various decisions of this court to which our attention has been invited, we are of the view that the High Court was wrong in holding that it was open to the appellant to withdraw the resignation," Justice Thakker, writing the judgment for the bench said.
The employee had tendered his resignation on January 4, 1993, which was accepted by the company on the same day, and he was to be relieved from the service. Later, casual leave was granted to him from January 4 till January 13, and he was informed that he would be relieved after office hours on January 15.
However, he changed his mind and on January 8, 1993, withdrew his resignation, but the company stuck to its decision of relieving him from service.
Perusing the facts and company rules which made it clear that a permanent employee may resign from service by giving one month's notice in writing or by paying one month's basic pay in lieu of notice to the company, the Bench said 'since the letter of resignation was as per the company rules, it was to become effective after one month'.
'In our opinion as per the settled law, the appellant could have withdrawn his resignation before that date,' the Bench said.
The bench said since a letter of withdrawal of resignation was submitted by the employee, 'it was incumbent on the company to give effect to that letter'.
"By not doing so, the company has acted contrary to the law and against the decision of this court and hence the action of the company deserves to be quashed and set aside," the court said, adding "the action of the company in accepting the resignation of the employee from January 4 and not allowing him to work is declared illegal".
From India, Pune
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Here's the info..
Cheers,
Rajat
---
"Put in your papers? You can change your mind before the notice period" (Source: Rediff.com)
The Supreme Court on Saturday held that an employee can withdraw his resignation during the notice period and is entitled to consequential benefits from the company if he is not allowed to work.
While giving the ruling, the court referred to several of its earlier verdicts by which it has been settled that an employee remains in service if he withdraws his resignation within the notice period, and thus the relationship of an employer and employee does not come to an end.
The judgment came on a petition by an employee who had challenged the Karnataka High Court verdict dismissing his plea that he was entitled to be in the service of the company with all benefits after he withdrew his resignation during the notice period as per the rules of the company.
Setting aside the High Court verdict, a bench comprising Justice B N Srikrishna and Justice C K Thakker directed the company to treat the employee in continuous service up to the age of superannuating and give him all benefits, including arrears of salary.
"Having given anxious consideration to the facts and circumstances of the case and in the light of Service Rules and various decisions of this court to which our attention has been invited, we are of the view that the High Court was wrong in holding that it was open to the appellant to withdraw the resignation," Justice Thakker, writing the judgment for the bench said.
The employee had tendered his resignation on January 4, 1993, which was accepted by the company on the same day, and he was to be relieved from the service. Later, casual leave was granted to him from January 4 till January 13, and he was informed that he would be relieved after office hours on January 15.
However, he changed his mind and on January 8, 1993, withdrew his resignation, but the company stuck to its decision of relieving him from service.
Perusing the facts and company rules which made it clear that a permanent employee may resign from service by giving one month's notice in writing or by paying one month's basic pay in lieu of notice to the company, the Bench said 'since the letter of resignation was as per the company rules, it was to become effective after one month'.
'In our opinion as per the settled law, the appellant could have withdrawn his resignation before that date,' the Bench said.
The bench said since a letter of withdrawal of resignation was submitted by the employee, 'it was incumbent on the company to give effect to that letter'.
"By not doing so, the company has acted contrary to the law and against the decision of this court and hence the action of the company deserves to be quashed and set aside," the court said, adding "the action of the company in accepting the resignation of the employee from January 4 and not allowing him to work is declared illegal".
From India, Pune
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Hi,
Thank you, Rajat, for providing me with valuable information that I was seeking. I have a small doubt.
Based on the resignation of the employee, the employer will look for a suitable replacement. If the employer finds the best replacement, they may proceed with the new employee enrollment. However, if the resigned employee withdraws his request within the notice period, don't you think the employer may face pressure to employ two employees for a single job?
Kindly clarify.
Thank you once again.
Karunadasp
From Oman, Muscat
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Thank you, Rajat, for providing me with valuable information that I was seeking. I have a small doubt.
Based on the resignation of the employee, the employer will look for a suitable replacement. If the employer finds the best replacement, they may proceed with the new employee enrollment. However, if the resigned employee withdraws his request within the notice period, don't you think the employer may face pressure to employ two employees for a single job?
Kindly clarify.
Thank you once again.
Karunadasp
From Oman, Muscat
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Dear Seniors,
Please guide me on how I can procure a copy of the following judgment ASAP, as I wish to present the same in the argument of my similar case due on 22nd March 2010. My email address is fitsandy@gmail.com. Please treat the matter as urgent.
Regards.
The case I am referring to is as follows:
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 1404 of 2003
SRIKANTHA S.M.
Vs.
M/S. BHARATH EARTH MOVERS LTD.
HON'BLE MR. JUSTICE B.N. SRIKRISHNA AND HON'BLE MR. JUSTICE C.K. THAKKER
JUDGMENT
PER C.K. THAKKER, J:
From India, Gurgaon
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Please guide me on how I can procure a copy of the following judgment ASAP, as I wish to present the same in the argument of my similar case due on 22nd March 2010. My email address is fitsandy@gmail.com. Please treat the matter as urgent.
Regards.
The case I am referring to is as follows:
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 1404 of 2003
SRIKANTHA S.M.
Vs.
M/S. BHARATH EARTH MOVERS LTD.
HON'BLE MR. JUSTICE B.N. SRIKRISHNA AND HON'BLE MR. JUSTICE C.K. THAKKER
Dated: July 10, 2005
Resignation - the appellant tendered resignation on 4.1.93, which was to be effective from 15.1.93. The resignation was withdrawn on 8.1.93 but not accepted by the company. The relationship of employee-employer continued until 15.1.93. The relieving order and payment of salary clarifies that the appellant was in service until 15.1.93. The company was directed to treat the appellant in continuous service until the age of superannuation.JUDGMENT
PER C.K. THAKKER, J:
From India, Gurgaon
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