In a landmark judgment, the Supreme Court ruled that a resignation is not final until the acceptance is officially communicated to the employee. The case revolved around an employee of Konkan Rail Corporation, who withdrew his resignation before it was formally accepted but was still relieved from duty.
The employee had served the railways since 1990, resigning in December 2013 with a one-month notice period. Although the resignation was internally accepted effective from April 7, 2014, the employee never received official communication. Meanwhile, he withdrew his resignation in May 2014, but the employer relieved him in July.
The employee contested this, stating he had remained in touch with the company and even reported for duty when asked. The case escalated through the courts, with the Supreme Court ultimately siding with the employee. It ruled that, without communication of acceptance, the resignation was not binding, and the employee should be reinstated. The court also awarded him 50% back pay for the period he was out of service.
The ruling underscores the importance of formal communication in employment resignations, signaling that internal decisions alone are insufficient without proper notification to the employee.
