“Supreme Court Reinstates Konkan Railway Employee, States ‘Resignation Withdrawn Before Formal Acceptance,’ Orders 50% Back Pay”

“Supreme Court Reinstates Konkan Railway Employee, States ‘Resignation Withdrawn Before Formal Acceptance,’ Orders 50% Back Pay”

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Court’s Decision:
The Supreme Court allowed the appeal filed by S.D. Manohara, reversing the judgment of the Division Bench of the Karnataka High Court. The Court directed the reinstatement of the appellant, an employee of Konkan Railway Corporation Limited, within 30 days and awarded 50% of his salary for the period during which he was out of service. The Court ruled that the appellant had withdrawn his resignation before it was formally accepted, and thus, he should have been allowed to continue in service.

Facts of the Case:
S.D. Manohara, the appellant, resigned from his position on 05.12.2013, with the resignation scheduled to take effect after one month. The Konkan Railway Corporation claimed to have accepted his resignation on 15.04.2014, effective from 07.04.2014. However, the appellant contended that he withdrew his resignation on 26.05.2014, before any formal communication of acceptance. The employer rejected this withdrawal and relieved the appellant on 01.07.2014.

Issues:
The primary issue was whether the appellant withdrew his resignation before it was accepted by the employer.

Petitioner’s Arguments:
The appellant argued that he withdrew his resignation before it was communicated to him that it had been accepted. He also pointed out that he continued to work until May 2014 and that no clear communication of resignation acceptance had been provided.

Respondent’s Arguments:
Konkan Railway Corporation argued that the resignation had been accepted with effect from 07.04.2014 and that the appellant’s withdrawal in May 2014 was invalid as the resignation had already been accepted.

Court’s Reasoning:
The Supreme Court found that the letter of acceptance dated 15.04.2014 was an internal communication and was never served to the appellant. The Court noted that the appellant had reported for duty on 19.05.2014 and that his wife had also requested the withdrawal of his resignation. As a result, the Court concluded that the resignation had not been effectively accepted before the appellant’s withdrawal.

Conclusion:
The Supreme Court set aside the Karnataka High Court’s Division Bench ruling, reinstated the appellant into service, and awarded 50% of his salary for the period he was out of service from 01.07.2014 until reinstatement. This period will also count towards his pensionary benefits.

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