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Showing contexts for: resignation not accepted in Kumar Satyendra Prasad vs Coal India Ltd. & Ors on 19 July, 2012Matching Fragments
3. Counsel for the petitioner is relying upon the decisions rendered by the Hon'ble Supreme Court reported as under:
(i) (1978) 2 SCC 301;
(ii) (2001) 1 SCC 158; and
(iii) (2005) 8 SCC 314.
On the basis of all three decisions, it is vehemently submitted by the counsel for the petitioner that prior to acceptance of the resignation by the employer petitioner has right to withdraw the resignation. In the facts of the present case even Exit Interview was taken on 22 nd August, 2008 and the respondents had not accepted the resignation even for more than 12 months period thereafter. Meanwhile, the whole family of the petitioner had not at all interested for withdrawal of the resignation and ultimately, he withdrew the resignation in the month of April, 2009. During this thinking process, for getting the livelihood, the petitioner had worked with some private agency, but, that was also not continued because he wanted to withdraw his resignation. These facts have also been given in the letter dated 30th July, 2009 written by the petitioner to the Management, which is at Annexure6 to the memo of the petition. Thus, the intention to withdraw the resignation was running in the mind of the petitioner since long and once the resignation was already withdrawn it cannot be accepted and that too after long lapse of six months period and hence, the order at Annexure 7 deserves to be quashed and set aside.
(Emphasis Supplied) In view of the aforesaid procedure of resignation after tendering it is to be forwarded through controlling officer and thereafter it is to be accepted by the Management and once it is communicated to the employee that his resignation has been accepted, the employee will be relieved from his duty. The Management reserves the right not to accept resignation. "NO DEMAND CERTIFICATE" is also required to be obtained as part and partial of the procedure of the acceptance of the resignation.
(vii) It ought to be kept in mind by the Management that the employees may tender resignation, but, they are sometimes with all reluctance tendering the resignation. It takes time for adjustment. In a country like India where there is highly unequal bargaining power on one side there is Public Sector Undertaking and on other side there is powerless employee. Due to this unequal bargaining power in the developing country sometimes the employees are working under some stress and therefore, they are sometimes tendering their resignation, but, after sometimes because of advise of family members or friends etc. they are withdrawing their resignation. This is always permissible if the tendered resignation is not accepted by an employer. There is a right vested in the employee who has tendered the resignation to withdraw it. Withdrawal of resignation is also a right vested in the employee because tendering of the resignation is a voluntary phenomena. Looking to provisions of Rule 15.3 as cited herein above, there is a long drawn procedure for acceptance of the resignation by the employer. Procedure of resignation as per the Common Coal Cadre Rules framed, enacted and accepted by the Coal India for its own purpose and for its subsidiary companies are as under:
(xiv) Counsel for the respondents is also relying upon the decision rendered by Hon'ble Supreme Court in the case of Punjab National Bank Vs. P.K. Mittal reported in 1989 Supp (2) SCC 175. This judgment is also not helpful to the respondents because looking to the facts of the case, it appears that there was absence of any provision of acceptance of the resignation and therefore, it was made effective immediately and automatically from the date on which the resignation was tendered whereas, looking to the peculiar facts of the case the resignation was made effective upon completion of the notice period whereas here, there is Rule 15.3 which envisages acceptance of the resignation which also refers the right to the Management not to accept the resignation; which also refers the right of Management to get 'NO DEMAND CERTIFICATE. Thus, the rules of acceptance of the resignation, which were referred in the aforesaid decisions are different from the facts of the present case and therefore, the said judgment is not applicable for resolving the disputes between the parties in the facts of the present case.