Communication Of Acceptance Of Resignation To Employee Is Immaterial: Supreme Court

Posted On - 15 May, 2024 • By - King Stubb & Kasiva

The Hon’ble Supreme Court in SLP (C) No. 21401 of 2022 decided on the requirement for communication of acceptance of a resignation letter. In the instant case, the appellant had sent his letter of resignation to his employer but soon after sending it, he withdrew his resignation and claimed that his termination was unjust. The appellant contended that since he didn’t receive any formal acceptance of the resignation, the termination should be cancelled. The Supreme Court held that even if the acceptance of the resignation is not communicated to the employee, it is still considered accepted when the employer accepts it. The court referred to the Maharashtra Employees of Private Schools (“MEPS”) (Conditions of Service) Regulation Act, 1977 and Rules framed thereunder applicable to the respondent employer and held that as this law does not specify how resignation should be accepted, non-communication of acceptance to the employee will not invalidate the termination of employment.