Resignation by an employee - Withdrawal before acceptance - when takes effect.
Resignation from employment - Serving during notice period - Withdrawal of Resignation- Whether valid?
In an interesting case of Rajendra Bose Vs Institute of Cost Accountants of India & Ors, the Hon’ble Calcutta High Court in WP No 642 of 2017 was dealing with a matter when the appellant had resigned initially from the post of Director(Discipline) on account of alleged harassment and humiliation from the President of ICAI. However during the notice period, the resignation was withdrawn, even though the resignation had been accepted by ICAI. The question arose whether in such a situation it can be said that the resignation had become final. The Court relying on division bench case of Dr. P. Chattopadhyay v. The Institute of Cost and Works Accountants of India: (1987) 1 Cal LT 179, Para-50 & 51 which had held that a resignation from a prospective date is conditional resignation and takes effect only from the said prospective date and not earlier. Ironically the Single Judge in this case also observed that even though he may not agree but the said judgement was binding on him. On these facts the writ petition was allowed and services were restored.
An important judgement which deals with resignation of employees and the precaution that must be taken while writing the resignation letter or acceptance of resignation.