Labour Law & Hr Consultant
The withdrawal of the Resignation is possible. You will need to submit the application of the same to the concerned authority in your company with a cc to the HR department. Then upon their acceptance of the withdrawal of resignation the process is reversed.
But acceptance is needed for the competent authority.
25th September 2017 From India, Mumbai
As resignation of job is a voluntary act of the concerned employee, so he/she has the right to withdraw it before it is accepted by the employer. Since you are in notice period, your resignation is a prospective one and as such even the acceptance of it by the employer before the expiry of the date specified in the letter of resignation can not affect your right to withdraw it before the specified date. A resignation tendered to take effect from a future date will be inchoate state until the specified date expires. As per the ratio decidendi of the judgment of the hon'ble High Court of Karnataka in Kushalnagar Works, Kudige v P.Nagaraju [ 1988 I LLN 1019], refusal of the employer to permit withdrawal of resignation is unjustified and on withdrawal of resignation, the employee continues to be in service.
However, to avoid unnecessary conflict in this regard send copies of your withdrawal to your immediate boss and the HR department as suggested by Ashutosh..
30th September 2017 From India, Salem
Please do confirm from you HR and reporting manager whether they have/not issued offer letter to your replacement and whether that candidate has accepted the offer letter.
Yes you can withdraw your resignation, one option is by dropping a formal mail on top of your resignation mail, I believe both HR and managers seek to retain employees who already know the work, they will be happy to take you back.
Thanks and Regards,
1st October 2017 From India, Delhi