Rohit’s appraisal wasn’t upto his expectations. He resigned in a fit of rage, expecting that he would certainly get a better job, which was in sync in what he deserved
And as luck would have had it, the economy slipped into recession and he couldnt fetch a new job. ( A lesson learnt that Never Resign Without a Offer Letter)
The notice period wasnt over yet. He realized his mistake, wanted to retract his resignation. It was a classic dilemna for the HR , whether to accept it or not?
There is a recent Supreme Court judgement -Air India Express Limited vs. Capt. Gurdarshan Kaur Sandhu
The lady, who was working as a Captain in the Air India Express Limited (AIEL) resigned on 3rd July’17 and the same was accepted on 2nd Sep’17. On 18th Dec’17, the lady wanted to revoke her resignation.
AIEL refused the revocation on the ground that her resignation has become operative from 3rd July’17 as it was accepted by Appellant on 2nd Sep’17 and the same shall be terminated on 2nd Jan’18 (completion of a period of 6 months).
The Court held held that normally until the resignation becomes effective,the employee can withdraw his resignation depending upon the governing service regulations and/or T&C of the office/post.
However, such a prospective resignation cannot be withdrawn in case there is a legal contractual or constitutional bar and also when the employer had made arrangements to make another employee available for the job.
So, if the intent of the notice period, in public interest, was to find a replacement pilot- if the replacement had been chosen, the resignation could not be revoked
What is your organisation’s policy towards revokation of resignation?