The Supreme Court ruled that once a resignation is accepted, it leads to termination of employment, regardless of whether the acceptance is communicated to the employee or not.
In the case of SHRIRAM MANOHAR BANDE VERSUS UKTRANTI MANDAL & ORS., the Supreme Court held that the employment is deemed to be terminated from the date on which the letter of resignation is accepted by the appropriate authority.
The case involved a teacher who sent a resignation letter to the management, which was later accepted by the school committee. However, the teacher claimed to have withdrawn the resignation soon after sending it, arguing that the termination of employment was wrongful since there was no formal communication from the school committee regarding the acceptance of the resignation.
The appellant contended that since he did not receive any communication confirming the acceptance of his resignation, his termination should be set aside. Additionally, he argued that the resignation letter was accepted by the school committee, which lacked the authority to do so, as it was not the appropriate authority according to the rules under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act.
The Supreme Court observed that once a resignation letter is accepted by the appropriate authority, employment is deemed terminated from that date, regardless of whether the acceptance is communicated to the employee or not. Even if the resignation is withdrawn it holds no relevance once the resignation is accepted. The Court referred to the Judgment of North Zone Cultural Centre and another vs. Vedpathi Dinesh Kumar, to hold that unless regulations specify otherwise, the acceptance of resignation becomes effective upon acceptance, even if communication to the employee is lacking.
The Court noted that the Act and Rules did not mandate communication of acceptance of resignation to the employee. Specifically, MEPS Rule 40 did not prescribe any obligation for the management to communicate acceptance of resignation to the employee. Therefore, the Court upheld the acceptance of resignation by the school committee, stating that mere non-communication of acceptance does not render termination invalid.
In conclusion, the Court dismissed the teacher's appeal, affirming the decision of the High Court, and held that the resignation's acceptance by the school committee effectively terminated the employment, despite any lack of communication to the employee.