Employee resignation cannot be accepted with back date if withdrawn before acceptance: P&H HC

Employee resignation cannot be accepted with back date if withdrawn before acceptance

Punjab & Haryana High Court in B.B. Gupta vs. Presiding Officer, Labour Court, Union Territory Chandigarh & Anr. (S.B. Civil Writ Petition No. 10280-2001), recently ruled that once an employee withdraws his resignation, the employer loses the jurisdiction to accept it retrospectively to override the withdrawal. The court emphasized that resignation becomes effective only when accepted by the employer through a formal order. Consequently, the court set aside the acceptance order, clarifying that resignation can only be accepted prospectively.

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