The case involves a service dispute between S.D. Manohara (appellant) and Konkan Railway Corporation Limited & Ors. (respondents). The core issue is whether the appellant withdrew his resignation before its acceptance by the employer. The appellant tendered his resignation on 05.12.2013, which was allegedly accepted by the respondent on 15.04.2014, effective from 07.04.2014. However, the appellant contended that he withdrew his resignation on 26.05.2014, before it was formally accepted. The Supreme Court found that the resignation was indeed withdrawn before its acceptance, as the letter dated 15.04.2014 was an internal communication and not served to the appellant.
The Court noted that the appellant continued to work and was in communication with the respondent, indicating no finality to the resignation. The Court allowed the appeal, directing the reinstatement of the appellant with 50% back pay for the period he was relieved from service. The decision of the Division Bench of the High Court of Karnataka was set aside.
