Case Note & Summary
The petitioner, M/s. Ashwini General Hospital & Intensive Care Centre, challenged an award dated 6 November 2017 passed by the Presiding Officer, Labour Court, Thane, which directed reinstatement of the respondent, Veronica Johnson Pereira, with full backwages and continuity of service. The respondent claimed she was appointed as a nurse on 12 November 1991 by Dr. Tiwari, who previously operated the hospital. Dr. Manoj Mrinal Mujumdar purchased the premises and started operating the hospital from 1993, and the respondent continued in employment. The petitioner contended that the respondent resigned in December 2005 and collected all her dues, and that Dr. Mujumdar had quit and transferred operations to Dr. Rajiv Agarwal and Dr. Rakhi Agarwal via an agreement dated 11 October 2010. The Labour Court found that the petitioner failed to prove voluntary resignation or abandonment of service, and thus the termination was illegal. The High Court upheld the Labour Court's award, noting that the burden of proof was on the employer to show resignation, which was not discharged. The court dismissed the petition, affirming the reinstatement with full backwages and continuity of service.
Headnote
A) Industrial Dispute - Illegal Termination - Reinstatement with Backwages - The Labour Court found that the employer failed to prove voluntary resignation or abandonment of service by the employee, and thus the termination was illegal. The High Court upheld the award of reinstatement with full backwages and continuity of service, holding that the employer's claim of resignation was not supported by evidence. (Paras 1-3) B) Evidence - Burden of Proof - Voluntary Resignation - The burden lies on the employer to prove that the employee voluntarily resigned. In the absence of any written resignation or clear evidence, the employer's assertion cannot be accepted. The High Court affirmed that the Labour Court correctly placed the burden on the employer. (Paras 2-3)
Issue of Consideration
Whether the Labour Court was justified in ordering reinstatement with full backwages and continuity of service to the respondent-employee, and whether the petitioner-employer proved that the respondent voluntarily resigned from service.
Final Decision
The High Court dismissed the writ petition and upheld the Labour Court award dated 6 November 2017 directing reinstatement of the respondent with full backwages and continuity of service.
Law Points
- burden of proof on employer to prove voluntary resignation
- abandonment of service requires clear evidence
- reinstatement with full backwages for illegal termination
- continuity of service
