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Salary b/w the period of resignation and withdrawal of resignation
12-Dec-2025 (In Labour & Service Law)
I resigned on 31 July and withdrew my resignation on 17 October. Due to a departmental lapse, my withdrawal was not processed in time, and now my salary for this period is being withheld/disputed.
I need your advice on whether I am legally entitled to salary and continuity of service for 31 July to 17 October, and what steps I should take to resolve this.
Immediately collect and preserve all documents : resignation letter, HR/departmental acknowledgments, any acceptance/relieving orders, the withdrawal letter dated 17 October with proof of receipt, service rules/standing orders, and salary slips. First send a detailed legal notice to the employer asserting (a) valid withdrawal of resignation, (b) continuity of service, and (c) claim for full salary and attendant benefits for 31 July–17 October, citing the above Supreme Court principles and putting them to notice of possible legal proceedings. Litigation/complaint optionsIf the dispute is not resolved, appropriate forums include: labour authority/conciliation officer or labour court/industrial tribunal (if “workman”), or civil court/service tribunal/writ petition in High Court depending on whether the employer is Government, PSU, or private. Along with recovery of withheld salary, plead for declaration of continuity of service, correction of service records, interest on delayed wages, and costs; where the employer’s conduct is egregious, compensation for mental harassment can also be claimed subject to forum’s jurisdiction
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Under Indian law, if you worked from July 31 to Oct 17 and your withdrawal was accepted, you are entitled to salary and service continuity. File a formal representation citing the departmental lapse as per the concerned provisions of law.
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Adv. Pankaj Bajaj
Delhi | 5+ Answers
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