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PRITHVIRAJ K. CHAVAN
Dattatraya Irranna Kurle – Appellant
Versus
Maharashtra State Electrical Board – Respondent
JUDGMENT :
PRITHVIRAJ K. CHAVAN, J.
1. On 15th November 2000 this appeal was admitted on the following substantial questions of law :-
ii) In view of paragraph 7 of the written statement, in which it has been admitted that the Appellant had given an application dated 24th March, 1997 withdrawing his resignation, is it correct and proper to hold that the application withdrawing the resignation has not been proved or established ?
2. Briefly stated, the facts are as follows.
3. The appellant had filed a suit for declaration that an order dated 31st March 1987 relieving him from the services by accepting his resignation and refusing to reinstate him in the service, is illegal. The suit has been dismissed by 6th Joint Civil Judge, Junior Division, Solapur on 29th September 1994 being Regular Civil Suit No. 399 of 1991.
4. An appeal preferred by the appellant before the District Judge, Solapur being Civil Appeal No. 83 of 1995 also came to be dismissed on 22nd September 1999 and, ther
An employee's resignation is effective upon acceptance by the employer, and withdrawal must occur before acceptance; acceptance of benefits indicates cessation of employment.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
Resignation can be withdrawn before its acceptance.
Resignation – Withdrawal of such resignation by employee prior to effective date is permissible.
A resignation accepted unconditionally cannot be withdrawn unilaterally, and a suit for declaration regarding continuation in service is not maintainable if the employee is not classified as a workma....
A prospective resignation can be withdrawn before it becomes effective, as established by the court's interpretation of relevant legal principles.
Voluntary Retirement – Once acceptance takes place, contract stands concluded – Right of a person whose resignation has been accepted is to receive benefit of provident fund amount as one of terminal....
Point of Law : The Board in exercise of power conferred under Section 33 read with Section 34 of IIIT Act with the approval of the Visitor notified the First Statute of IIIT. Statute 10 provides term....
An employee, including a Government Servant, has the right to seek withdrawal of resignation within a reasonable time, and the duty period for all purposes should be considered.
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