To start up while writing on this topic, would like to
mention that an employer cannot decline to accept the resignation of an
employee in view of the settled law. However, the Supreme Court has held that a
resignation by an employee would, however, normally require to be accepted by
the employer in order to be effective. It can be that in certain circumstances
an employer would be justified.
To explain this in an example, we can mention that, when an
employee wants to leave in the middle of a work wherein his presence and
participation are necessary, an employer can also refuse to accept the
resignation, also when there is a disciplinary enquiry pending against the
employee. In such a case, to permit an employee to resign would be to allow him
to go away from the service and escape the consequences of an adverse finding
against him in such an enquiry.
There can also be other grounds on which an employer would
be justified in not accepting the resignation of an employee. In one case the
Hon’ble Karnataka High Court has held that acceptance of resignation of a bank
employee cannot be declined when there is has been acceptance of such
resignations over dozen of officers.
To get the supporting case laws for this do write us on juristicsolution@gmail.com
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