A perusal of the resignation letter goes to show that the request was made to accept it forthwith and the employer carried it out accordingly. It was not the case where some date was specified in the resignation letter from which it was to be effected. Once there was no specification from any future date, rather, insistence was made to accept it forthwith, there was no fault with the employer in accepting the same. M/s Arvind Engineers v. Keshav Yadav, 2019 (163) FLR 329.
Tag Archives: Resignation
Termination or Resignation – Statutory Regulations under the Uttar Pradesh Intermediate Education Act
The statutory regulations framed under the Uttar Pradesh Intermediate Education Act, 1921, control both the management as well as the teacher’s right to terminate or resign from service. Regulation 26 under the Uttar Pradesh Intermediate Education Act, 1921 is in positive terms. Under it, the management can terminate the service of a permanent employee by giving him three month’s pay in lieu thereof. Giving of the three months’ notice or pay in lieu thereof is a condition precedent for the management to exercise its right to terminate the services of an employee. Regulation 29 under the Uttar Pradesh Intermediate Education Act, 1921 enables an employee to resign either by giving notice or pay in lieu thereof. The notice or pay to refer to the notice or pay to which he would have been entitled in case of termination by the management. Accordingly, an employee can resign only by giving a notice of three months’ or pay in lieu thereof. This shows that an employee has no unfettered right to resign.
Regulation 29 under the Uttar Pradesh Intermediate Education Act, 1921 enables an employee to resign with certain conditions with intention to protect the interest of the institution/management. If we carefully read Regulations 29 and 30 under the Uttar Pradesh Intermediate Education Act, 1921, it is crystal clear that an employee has no unfettered right to resign. He can exercise the right of resignation only in accordance with the provisions of Regulations 29 and 30. The requirement of furnishing three months’ notice under the aforesaid regulations is to ensure for the benefit of the management and is therefore, a requirement which can be waived by the management. A period of three months’ notice is provided for the benefit of the management so that the management would not find any difficulty in appointing a substantive teacher. Therefore, it is open for the management to give up the advantage conferred by the regulation and accept the resignation forthwith. Ramendra Kumar v. State of U.P., 2018 (6) AWC 5976.