Supreme Court in Dr. Mrs. Suman V. Jain vs. MarwadiSammelan [CA No. 1480/2012], validated the employee’s request for withdrawal of the prospective resignation prior to the effective date and observed that allowing the prospective or intending resignation would be complete and operative on the arrival of the indicated future date in the absence of anything contrary in the terms and conditions of the employment contract. The Court further clarified that intimation sent in writing to the competent authority of the employer by the incumbent employee of his intention or proposal to resign from his office/post from a future specified date can be withdrawn at any time before it becomes effective.
Also read: How far are “Employment Contracts” Enforceable Before Courts?
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