Resignation Case Laws - 2011

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)
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