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Supreme Court of India 2024-09-13 allowed

S.D. MANOHARA vs KONKAN RAILWAY CORPORATION LIMITED & ORS

Bench: 2 — Pamidighantam Sri Narasimha, Pankaj Mithal

In Brief

An employee of Konkan Railway Corporation resigned in December 2013 with one month's notice. After 13 years of service, he attempted to withdraw the resignation in May 2014. The employer claimed acceptance in April 2014, but this letter was internal, not served on the employee, and did not reference his resignation. The employee continued working and was directed to report to duty after the alleged acceptance. The Supreme Court held the resignation was validly withdrawn before acceptance. The Court ordered reinstatement within 30 days, but limited back-wages to 50% of salary for the period of non-work, though pension benefits would accrue for that period.

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Labour and Industrial Law Service Law Resignation and Withdrawal Employment Reinstatement

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