AI Overview...
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Relieving Letter as a Formal Document - A relieving letter is issued after the employee's services are formally terminated or after acceptance of resignation, serving as proof of cessation of employment. The issuance of such a letter is contingent upon the employer's formal act of relieving the employee from service. The rule restricts the employer from relieving a teacher solely based on resignation letters without proper formalities. Grama Committee High School, Venkateswarapuram VS Arunachalam and Others - Madras
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Employer's Obligation to Issue a Relieving Letter - Courts have held that once an employee's resignation is accepted, the employer is bound to issue a relieving letter. Denying or delaying this can be deemed an illegal act, especially if the employer does not provide valid reasons or evidence to rebut the claim. The employer must comply with formal procedures and cannot withhold relief arbitrarily. Kailash Kumar VS Syndicate Bank Ltd. - Delhi, Abhishek Kumar VS Punjab National Bank through its Chairman-cum-Managing Director - Patna, Managing Director, Bihar Industrial Area Development Authority, through its Managing Director, Udyog Bhawan, East Gandhi Maidan, P. S. Gandhi Maidan, District VS State of Bihar - Patna
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Acceptance of Resignation and Conditions - Employers are not obliged to accept resignation conditioned on certain terms unless explicitly agreed upon. The resignation becomes effective upon acceptance, which must be communicated clearly. The employer's failure to respond or to issue a relieving letter after acceptance can be challenged legally. Employees also have the right to withdraw resignation before it is formally accepted. DASS STUDIOS VS R. K. BAWEJA - Delhi, Kumar Satyendra Prasad VS Coal India Limited - Jharkhand
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Legal Implications of Illegal Actions - If the employer acts unlawfully, such as refusing to issue a relieving letter or denying back wages, courts tend to favor the employee, emphasizing that such acts indirectly punish the employee or reward the employer unlawfully. The burden of proof lies on the employer to justify its actions, such as showing the employee was gainfully employed during suspension or termination periods. KAROO SAO VS STATE OF BIHAR - Patna, Managing Director, Bihar Industrial Area Development Authority, through its Managing Director, Udyog Bhawan, East Gandhi Maidan, P. S. Gandhi Maidan, District VS State of Bihar - Patna
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Additional Considerations - In cases involving contractual or provisional appointments, the issuance of relieving or transfer orders is necessary for formalizing the employee's departure. The absence of such orders can complicate the legal standing of the employee's relief. Also, withdrawal of resignation prior to acceptance is permissible, reinforcing the employee's right to retract resignation before formal approval. Management of M/S Recipharm Pharma Services Pvt. Ltd VS G. Vasanthkumr C - Karnataka, Kumar Satyendra Prasad VS Coal India Limited - Jharkhand, NATIONAL DAIRY DEVELOPMENT BOARD VS ARVIND M. GANDHI - Gujarat
Analysis and Conclusion:
The sources collectively establish that an employer is legally bound to issue a relieving letter once the employee's resignation is accepted or services are formally terminated. Arbitrary refusal or delay in issuing such a letter can be challenged legally, as it is integral to the employment termination process. Courts have consistently held that the issuance of a relieving letter is a mandatory step following proper resignation acceptance, and failure to do so can be deemed an illegal act, entitling the employee to relief and back wages if applicable.
Search Results for "The Employer is Bound to Issue a Relieving Letter"
1986 0 Supreme(Mad) 516 • India - Madras
M.N.CHANDURKAR, SRINIVASAN
Cl. (4) of the Rule begins by restraining the school from relieving the teacher from service on the strength of the resignation letter. The terms used are 'relieved from service'. The question of relieving from service can only arise after termination of services. ... the letter of resignation sent by the employer, the purpose of two different authorities under the two clauses is beyond the reach of our imagination. ... ... (3) No educational agency shall insist or compel any teacher or other person #H....
2017 0 Supreme(Del) 4806 • India - Delhi
V.KAMESWAR RAO
Issues: The main issue was whether the respondent could have denied the relieving of the petitioner from its services on his ... directed the petitioner to tender an amount of Rs.1,10,725.89 within four weeks to be relieved from the date of his resignation letter ... directed the petitioner to tender an amount of Rs.1,10,725.89 within four weeks to be relieved from the date of his resignation letter ... Having heard the learned counsel for the parties, the issue, which arises for consideration is wheth....
1971 0 Supreme(Del) 338 • India - Delhi
M.R.A.ANSARI
The employer was not bound to comply with the conditions before accepting the resignation. ... Whether the employer was bound to comply with the conditions before accepting the resignation. ... Issues: Whether the resignation letter was conditional. ... This is my notice for one month and i shall be grateful for your for your relieving me from service. Please intimate me in writing within a week that you have accepted may resignation so that I may inform some other employer#....
2017 0 Supreme(Kar) 1542 • India - Karnataka
L.NARAYANA SWAMY
Right of lien - Request transfer - Rules specifying borrower department having no control over person transferred - Transfer of employee ... to borrower organisation, consequently is not a fresh appointment - Employee retains his right of lien and repatriation to parent ... The first defendant has not passed any repatriation order or no order for relieving or dismissal or any kind of such orders. ... Pay scale letter is at Ex.P7. Ex.P9 is his service copy. Ex.P14 is the certified copy of the writ petition and Ex.P 15 is ....
2020 0 Supreme(Kar) 2116 • India - Karnataka
S.SUJATHA
Thereafter the employer can rebut the claim with positive evidence. ... was not gainfully employed lies on him. ... argued/pressed by the workmen as could be seen from the material on record - It is well settled that initial burden to show that the employee ... Ex.W2 is the appointment letter dated 1.3.2014, Ex.W11 is the termination intimation letter, Ex.W12 is the relieving letter. ... (ii) Relieving letters issued by the petiti....
2018 0 Supreme(Pat) 1045 • India - Patna
JYOTI SARAN, NILU AGRAWAL
indirectly punish the employee and reward the employer. ... The burden of proof lies on the employer to show that the employee was gainfully employed during the termination period. ... The burden of proof lies on the employer to show that the employee was gainfully employed during the termination period. ... The denial of back wages to an employee, who has suffered due to an illegal act of the employer would amount....
2014 0 Supreme(Pat) 1119 • India - Patna
I.A.ANSARI, ANJANA MISHRA
the illegal action taken by the employer. ... The employee sought payment of back wages and salary for the period of suspension. ... The appellate authority set aside the order of compulsory retirement, and the employee was reinstated in service. ... Denial of back wages to an employee, who has suffered due to an illegal act of the employer, would amount to indirectly punishing the concerned employee and rewarding the employer by relieving him of his....
2019 0 Supreme(Pat) 969 • India - Patna
MADHURESH PRASAD
Kolkata, per se, did not constitute a disqualification for appointment in question as per extant provisions contained in Appointment Letter ... It is submitted that Clause 9 C of the Appointment Letter makes it clear that petitioner’s appointment was provisional and subject to submission of relieving order from his present employer, if employed. ... The Appointment Letter afforded the petitioner an opportunity to submit his relieving order from the present e....
2005 0 Supreme(Guj) 783 • India - Gujarat
K.A.PUJ
Industrial Disputes Act - Section 33a - Service - It is the case of the petitioner that the respondent was appointed as an Apprentice by letter ... the light of the provisions of the said Act - Once it is held that a contract of apprenticeship entered into by and between the employer ... present case also, there is no iota of evidence to suggest that the contract for apprenticeship entered into by and between the employer ... , the employer shall on such completion be bound to offer suitable employment ....
2012 0 Supreme(Jhk) 1016 • India - Jharkhand
D.N.PATEL
Service Law---Resignation—Before communication of the acceptance of resignation in writing, at any time the employee can withdraw ... his resignation-there is inherent right vested in such employee to withdraw it, prior to its acceptance and if the resignation is ... tendered with future effect and even it is accepted immediately but before that future date, the employee is withdrawing it then ... On 1541986, the employee addressed a letter to the Bank purporting to withdraw his resignation le....
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