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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Moksha Nagpal – Appellant
Versus
Managing Director, Haryana State Industrial – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal is preferred against judgment and decree dated 02.11.2002 passed by Civil Judge (Jr. Division), Division and judgment and decree dated 20.03.2006 passed by learned District Judge, Chandigarh, whereby, the civil suit filed by the appellant was dismissed and the appeal filed by him was also dismissed.
2. Brief facts of the case as per pleadings in the civil suit are that appellant was appointed as Media Manager on probation in HSIDC on 15.05.1995. Her services were confirmed on 17.05.1996. From 1995 till 1998 appellant was harassed by respondent No.3-Deputy General Manager (PR), Haryana State Industrial Development Corporation Limited, who issued frivolous memos and chargesheets.
3. On 02.09.1998 appellant tendered her resignation (Ex.P-8). On 07.09.1998 resignation was accepted (Ex.P-9). Upon communication of order dated 07.09.1998, whereby, resignation of appellant was accepted, appellant submitted representation dated 15.09.1998 to Managing Director stating therein that her resignation letter never gave any indication that resignation may be accepted forthwith and she requested to allow her to continue to perform her duties till the
Resignation can be withdrawn before its acceptance.
An employee's resignation is effective upon acceptance by the employer, and withdrawal must occur before acceptance; acceptance of benefits indicates cessation of employment.
A prospective resignation can be withdrawn before it becomes effective, as established by the court's interpretation of relevant legal principles.
A resignation accepted unconditionally cannot be withdrawn unilaterally, and a suit for declaration regarding continuation in service is not maintainable if the employee is not classified as a workma....
The court established that the acceptance of resignation and its effective date are determined by the relevant legal provisions and interpretations, as well as the specific circumstances of the case.
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