Resignation cannot be accepted later if previously turned down due to incomplete formalities

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

The brief facts of the case involve that the respondent tendered his resignation without fulfilling the condition of depositing 3 months’ salary and specifying a date in the resignation. Due to the said shortfalls, resignation of the respondent was denied. Later, the employer accepted the resignation regardless of the fact that respondent sought to withdraw the resignation. The Chhattisgarh High Court opined that the resignation must comply with all prescribed conditions before it can be validly accepted. Since the resignation was rejected for non-compliance, the burden shifted on the employer to ensure all conditions were met before accepting the resignation. Considering the procedural lapses the court in this WA No. 655 of 2024 held resignation to be invalid.