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2024 Supreme(SC) 784

PAMIDIGHANTAM SRI NARASIMHA, PANKAJ MITHAL
S. D. Manohara – Appellant
Versus
Konkan Railway Corporation Limited – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Anirudh Sanganeria, AOR
For the Respondent(s): Mrs. Suchitra Atul Chitale, AOR

JUDGMENT

PAMIDIGHANTAM SRI NARASIMHA, J.

1. Leave granted.

2. The adjudication in this case is intended to resolve a long standing service dispute between the parties, rather than to lay down any precedent of law.

3. The short facts necessary for resolution of this dispute revolve around the invariable question that arises in disputes involving withdrawal of the resignation letter,1 [Resignation can be withdrawn before its acceptance, is an established principle of law; Suman v. Jain v. Marwadi Sammelan, 2024 SCC OnLine SC 161; Air India Express Limited v. Captain Gurdarshan Kaur Sandhu, (2019) 17 SCC 129; Srikantha S.M. v. Bharath Earth Movers Limited, (2005) 8 SCC 314; Balram Gupta v. Union of India, 1987 Supp SCC 228; Union of India v. Gopal Chandra Misra (1978) 2 SCC 301] i.e. whether the employee has withdrawn his resignation before its acceptance by the employer or not. Having examined the matter in detail, we have arrived at the conclusion that resignation was in fact withdrawn before its acceptance. We have thus allowed the appeal and directed reinstatement of the appellant. Further, to balance equities, we ordered the salary payable for the period that the appellant has not wo

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