Wife Cannot Seek Withdrawal Of Resignation Tendered By Husband To Employer: Karnataka High Court

The Karnataka High Court has said that a wife cannot seek withdrawal of resignation submitted by her husband to his employer.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit thus dismissed the appeal calling in question a Single Judge’s order whereby the resolution passed by the employer, permitting the husband to withdraw his resignation, was set at naught.

The bench said, “Admittedly, it is the spouse of the employee who had sought for the withdrawal of resignation of the employee and that too after it was duly accepted by passing the Resolution on 30.11.2021. No Rule or Ruling is brought to our notice which recognizes such a right in the spouse of an employee. Such an idea is alien to Service Law.”

The appellant had argued that the earlier Resolution dated 30.11.2021 which accepted his resignation was rightly withdrawn at the instance of his wife and therefore, the same could not have been set aside at the instance of one Prashanth R (6th Respondent herein).

The bench however declined indulgence in the matter stating,

“Resignation is a voluntary act on the part of an employee by which he seeks to leave the service to which he is appointed. An employee who has tendered resignation voluntarily, is entitled to withdraw the same before it is accepted, unless the Service Rules otherwise provide. Even if the acceptance of resignation is not communicated to the employee, it makes no difference. Once the resignation is offered and the same is duly accepted by the competent authority, resignation is complete & irrevocable, subject to all just exceptions.”

The bench opined that in Service Jurisprudence, removal, resignation, retirement & death are the conventional modes of determination of employer-employee relationship. "They cut the umbilical chord of employment," it remarked.

Court said an employee who has submitted the resignation letter ordinarily can withdraw the same before it is accepted, unless the law otherwise provides. But the request for such withdrawal should flow from the hands of the concerned employee himself. “That is not the case here. Admittedly, it is the spouse of the employee who had sought for the withdrawal of resignation of the employee and that too after it was duly accepted by passing the Resolution on 30.11.2021,” Court noted.

It further said it is not the case of the Appellant that he was not in a position to apply for the withdrawal of resignation and therefore, he had authorised his wife to make such a request and that he had acquiesced in the same.

“Permitting any person other than the employee to seek withdrawal of employee’s resignation that too without his consent, will have several undesirable consequences. If the employee himself is not willing to be in employment, how his spouse or children can cause his continuation in service, is un-understandable to say the least. An unwilling horse cannot be drawn to the river and made to drink the water, even in the absence of thirst,” the bench finally held and dismissed the appeal.

Appearance: Advocate Devi Prasad Shetty for Appellant.

AGA Shweta Krishnappa for R1 & R2.

Citation No: 2023 LiveLaw (Kar) 418

Case Title: D Venkatesh AND The Registrar of Cooperative Societies & Others

Casse No: WRIT APPEAL NO. 1312 OF 2022

Click Here To Read/Download Order