Case Note & Summary
The Petitioner, Reliance Integrated Services Pvt. Ltd., challenged the orders of the Labour Court and Industrial Court directing reinstatement of the Respondent, Satyananda Mohanty, with full back wages and continuity of service. The Respondent had joined the Petitioner-Company on 1 March 2006. The Petitioner claimed that the Respondent voluntarily resigned on 4 July 2014 by submitting a Separation Request through the E-portal and did not report for duties from 5 July 2014. The Petitioner paid the Respondent his legal dues including monthly wages and gratuity. The Respondent filed a complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, seeking reinstatement. The Labour Court found that the Petitioner failed to prove that the resignation was voluntary, as the E-portal system was not authenticated and the Respondent denied submitting the request. The Labour Court ordered reinstatement with full back wages. The Industrial Court dismissed the Petitioner's revision application. The High Court upheld the findings, holding that the burden of proof was on the employer to establish voluntary resignation, which was not discharged. The Court also held that acceptance of dues does not amount to voluntary resignation. The petition was dismissed.
Headnote
A) Industrial Law - Unfair Labour Practice - Termination - Voluntary Resignation - Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Section 28 - The employer alleged voluntary resignation through E-portal, but failed to produce authenticated evidence. The Labour Court and Industrial Court held that the resignation was not voluntary and reinstatement with full back wages was justified. (Paras 1-20)
Issue of Consideration
Whether the resignation of the Respondent was voluntary or whether the Petitioner-Company engaged in unfair labour practice by terminating his services without following due process.
Final Decision
The High Court dismissed the Writ Petition, upholding the orders of the Labour Court and Industrial Court directing reinstatement of the Respondent with full back wages and continuity of service.
Law Points
- Burden of proof on employer to establish voluntary resignation
- Resignation through E-portal requires authentication
- Acceptance of dues does not constitute voluntary resignation
- Reinstatement with full back wages for illegal termination
