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july 1990

Supreme Court of India · 1990-07-27

J.K. COTTON SPG. AND WVG MILLS CO. LTD.,KALPI ROAD, KANPUR vs STATE OF U.P. AND ORS.

Citation / case number
SC 1987/70919
Court
Supreme Court of India
Petitioner
J.K. COTTON SPG. AND WVG MILLS CO. LTD.,KALPI ROAD, KANPUR
Respondent
STATE OF U.P. AND ORS.
Bench
AHMADI, A.M. (J)

Judgment text excerpt

The Supreme Court held that under Section 2(s) of the U.P. Industrial Disputes Act, 1947, a resignation tendered by an employee is not considered retrenchment if the employer merely accepts the resignation. The Court clarified that termination initiated by the employee cannot be deemed as employer-initiated retrenchment, thus ruling that the employer's acceptance of the resignation does not invoke the provisions of Section 6N. The appeal was allowed, and the High Court's order was set aside, affirming the validity of the resignation.

J.K. COTTON SPG. AND WVG MILLS CO. LTD.,KALPI ROAD, KANPUR vs STATE OF U.P. AND ORS. · Niyam