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ANIL KSHETARPAL
Sun Pharmaceutical Industries Ltd. – Appellant
Versus
Ashish Vij – Respondent
JUDGMENT
Anil Kshetarpal, J. (Oral)
With the consent of the learned counsel representing the parties two connected regular second appeals arising from the same suit shall stand disposed of by a common judgment.
2. The defendant has filed the present appeal to challenge the correctness of two separate judgments filed by the First Appellate Court in two cross-appeals filed by the plaintiff and the defendant.
3. After having carefully examined the judgments of the Courts below and the requisitioned trial Court record, this Court is of the opinion that the following two issues need adjudication:-
4. In order to comprehend the issue involved in the p
A resignation accepted unconditionally cannot be withdrawn unilaterally, and a suit for declaration regarding continuation in service is not maintainable if the employee is not classified as a workma....
An employee's resignation is effective upon acceptance by the employer, and withdrawal must occur before acceptance; acceptance of benefits indicates cessation of employment.
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....
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
Non-communication of acceptance of resignation does not invalidate the resignation, and the resignation becomes effective on its acceptance, even if the acceptance is not communicated, as long as the....
Resignation – Withdrawal of such resignation by employee prior to effective date is permissible.
A resignation must be voluntary; prior acceptance is not mandatory for it to take effect, with the defining factor being the nature of the employee's role under the Industrial Disputes Act.
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....
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