Synopsis on RESIGNATION & it’s legal locus standie

1. Resignation is an act of relinquishment of one’s own right and in relation to an office, if connotes the act of giving up or relinquishing the office. A prospective resignation is an expression of the intention of the employee to relinquish or quite his office or the post held by him, from a future date.

2. When the employee resigns his job and the employer accepts the same, the contract of employment comes to an end and the employer-employee relationship will be severed. The employer can refuse to accept the employee’s resignation under certain circumstances, such as when the employee wants to leave in the middle of a work which is urgent or important and for the completion of which his presence and participation is necessary; or when there is a disciplinary inquiry pending against the employee etc.

3. A resignation becomes effective from the date of its acceptance. Therefore, accepting resignation with retrospective effect or before the effective date, were held not valid, since the employee had the right to withdraw the resignation before the effective date. a ‘prospective resignation’ can be withdrawn at any time before it becomes effective, and it becomes effective when it operates to terminate the employment.

 

By Dayanand Mangaonkar