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.