Acceptance of resignation before completion
of notice period will not be invalid even though it was stated in the resignation
that it will be accepted after three months.
Mahesh Kumar Gupta vs. Labour
Court, Dehradun and Another. 2011 LLR 493 (All. HC)
Resignation of an employee
accepted on the same day by the school managing committee will not be construed
to be given voluntarily when employee did not have any time to withdraw.
Manager, Shri Sanatan Dharam
Saraswati Bal Mandir School & Anr. vs. Shri K.P. Bansal & Ors. 2011 LLR
605 (Delhi HC)
It is the discretion of the management
to accept the resignation or treat it under VRS. Rejecting application of the
employee to treat his resignation under VRS by management can't be said to be
malafide.
Dr. C. Madhusoodan vs. Steel
Authority of India Ltd. and Another. 2011 LLR 1046 (Karn. HC)
In the absence of any verson by
the employer against the plea of employee that she was forced to resign,
reinstatement rightly awarded against such illegal termination.
M/s. Jagran Ltd., Meerut Through
its Director vs. Labour Court (II, U.P.), Meerut, and Others. 2011 LLR 1084
(All. HC)
To be treated as a letter of
resignation with in the eyes of law, language should be un-conditional without
reflecting any pressure.
Gujarat Water Supply & Sewage
Board and Anr. vs. Mahavirsinh Balapbha Gohil. 2011 LLR 1259 (Guj. HC)
When there is no provision of
waiver of notice period, instant acceptance of resignation will not come in the
way of withdrawal of resignation by the employee after four days of submission.
P. Gayathri vs. Secretary,
Dakshin Bharath Hindi Prachar Sabha, Hyderabad, and Another. 2011 LLR 139 (A.P.
HC)
When the resignations were in
employee handwriting and received all legal dues with extra amounts, can't be
said that resignations were obtained under coercion and were invalid.
Management of Madura Coats Pvt.
Ltd. and Anr. vs. Presiding officer, labour court, Tirunelveli 2011 I CLR 298
(Mad. HC)
In the absence of any proof of
obtaining resignation under coercion, no industrial dispute is maintainable.
Management of Madura Coats Pvt.
Ltd. and another vs. Presiding Officer, Labour Court, Tirunelveli and others.
2011(128) FLR 1040 (Mad. HC)
Daily-rated employees, once
regularised, would become entitled to all service benefits.
Din Bandhu vs. Presiding Officer,
Labour Court, Bhatinda, and Another. 2011 (130) FLR 469 ( P&H HC)
Resignation submitted after
developing an under standing can't be termed as involuntary or retrenchment.
Shuddhodhan and Others vs. Member
Industrial Court, Nagpur, 2011 (128) FLR 412 (Bom. HC)
After completion of stipulated
period of service in bond, employer can't compel the employee to be with him in
service.
Damodar Valley Corporation &
Ors. vs. Souvik Sarkar and Ors. 2011 LLR 174 (Cal. HC)