M/S. NEW VICTORIA MILLS & ORS. versus SHRIKANT ARYA

M/S. NEW VICTORIA MILLS & ORS. versus SHRIKANT ARYA

The resignation submitted by the respondent under the MVRS was an unconditional offer which was accepted by the management on 28.05.2003; the letter dated 03.03.2003 did not constitute a valid withdrawal, acceptance and simultaneous abolition of the post under Clause 5.1 had occurred on 28.05.2003, and mere postponement of the cut-off/relieving date or delay in disbursement of provident fund dues did not entitle the respondent to withdraw the resignation; therefore the impugned orders reinstating the respondent were set aside.

Parties
Appellant: M/s. New Victoria Mills; Appellant: National Textile Corporation (Uttar Pradesh) Limited; Appellant: National Textile Corporation Limited; Respondent: Shrikant Arya
Jurisdiction
India
Judgment Date
27 September 2021
Procedural Posture
Civil Appeal / Final Judgment by Supreme Court on Appeal (civil Appeal No. 5685 of 2021)
Outcome
Appeal allowed
Legal Topics
Resignation, Modified Voluntary Retirement Scheme (mvrs), Acceptance of Resignation, Terminal Benefits, Provident Fund
Service Law Labour Law Resignation Modified Voluntary Retirement Scheme (mvrs) Acceptance of Resignation Terminal Benefits Provident Fund

Case Brief

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Parties

M/s. New Victoria Mills

Appellant

National Textile Corporation (Uttar Pradesh) Limited

Appellant

National Textile Corporation Limited

Appellant

Shrikant Arya

Respondent

Procedural Posture

Civil Appeal / Final Judgment by Supreme Court on Appeal (civil Appeal No. 5685 of 2021)

Legal Issues

  1. 1 Whether resignation submitted under the MVRS was conditional or unconditional
  2. 2 Whether the employee could withdraw the MVRS resignation after management's acceptance but before the effective relieving date
  3. 3 Effect of delay or error in disbursement of provident fund on right to withdraw resignation

Ratio Decidendi

The resignation submitted by the respondent under the MVRS was an unconditional offer which was accepted by the management on 28.05.2003; the letter dated 03.03.2003 did not constitute a valid withdrawal, acceptance and simultaneous abolition of the post under Clause 5.1 had occurred on 28.05.2003, and mere postponement of the cut-off/relieving date or delay in disbursement of provident fund dues did not entitle the respondent to withdraw the resignation; therefore the impugned orders reinstating the respondent were set aside.

Court Disposition

Appeal allowed

Orders

  • Impugned order set aside
  • Appeal allowed