-The Supreme Court has held that an employee can withdraw his resignation during the notice period and is entitled to consequential benefits from the company if he is not allowed to work.
- Further, the resignation can always be withdrawn by the employee before the effective date mentioned in such resignation.
- Further , it is not open to the management to accept the resignation with immediate effect, specially when the employee has mentioned a specific date in the resignation from which such resignation is to come into effect.
- Further , the employer cannot refuse the request for withdrawal of the resignation and to prevent the employee from discharging his/her duties.
- Further, the resignation decision is the employee’s decision , and the option is available only to the employee to withdraw it during the notice period.
- Since, you have tendered your resignation on 12.02.2020, with three months notice period , i.e the notice period was going to lasted on 12.05.2020, and during this period , it was open for you to withdraw your resignation legally, and your company was not having right to accept the same with immediate effect before expiring the notice period.
- Hence , the acceptance of resignation , even after withdrawing the same , is against the law.
- You should sent a legal notice , after stating the details , and thereby ask to issue a letter for the continuation of job on the same position .
If, no response , then you should approach the Labour tribunal , and you can file a Writ petition for the same.
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