Case Note & Summary
The petitioner, Krishi Vigyan Kendra, challenged the judgment of the Labour Court dated 08/12/2009 partly allowing Complaint (ULP) No.41/2005 filed by the respondent employee, and the order of the Industrial Court dated 27/07/2012 dismissing Revision (ULP) No.25/2010. The respondent claimed to have joined the Marathwada Sheti Sahayya Mandal (MSSM) on 01/08/1971 and resigned on 30/06/1994. The petitioner argued that the resignation was submitted to MSSM, not to the petitioner, and was never accepted. The respondent claimed to have withdrawn the resignation. The Labour Court found that the resignation was not voluntary and ordered reinstatement with continuity of service and 50% back wages. The Industrial Court upheld this. The High Court dismissed the petition, holding that the resignation was not voluntary and was not accepted by the employer, and that the withdrawal before acceptance was valid. The court upheld the orders of the Labour Court and Industrial Court.
Headnote
A) Industrial Law - Resignation - Voluntariness - Acceptance - Withdrawal - The resignation of an employee must be voluntary and accepted by the employer to be effective; withdrawal before acceptance is valid. The employer failed to prove that the resignation was voluntary or that it was accepted. (Paras 1-10)
B) Industrial Law - Burden of Proof - Resignation - The burden lies on the employer to establish that the resignation was voluntary and that it was accepted. The employer did not produce any evidence of acceptance or relieving. (Paras 1-10)
C) Industrial Law - Reinstatement - Back Wages - Continuity of Service - Labour Court's order of reinstatement with continuity of service and 50% back wages was upheld as the employee did not voluntarily resign and the employer failed to prove acceptance. (Paras 1-10)
Issue of Consideration
Whether the resignation of the respondent was voluntary and whether the Labour Court and Industrial Court erred in ordering reinstatement with continuity of service and back wages.
Final Decision
The High Court dismissed the writ petition, upholding the orders of the Labour Court and Industrial Court. The respondent is entitled to reinstatement with continuity of service and 50% back wages.
Law Points
- Resignation must be voluntary and accepted by employer to be effective
- Withdrawal of resignation before acceptance is valid
- Burden of proof on employer to show voluntary resignation
- Labour Court has jurisdiction under MRTU & PULP Act
- 1971
Case Details
2016 LawText (BOM) (02) 5
Writ Petition No.4035 of 2013
Mr.N.K.Choudhari for the petitioner, Mr.K.J.Suryawanshi for the respondent
The Secretary, Krishi Vigyan Kendra, Kharpudi Village, Bhatepuri Road, Jalna, Dist.Jalna
Ghansham S/o Ramchandra Varma, Age45 years, OccuNil, R/o Akeli Masjid, Dhangarpura, Jalna
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Nature of Litigation
Writ petition challenging the orders of the Labour Court and Industrial Court in a complaint of unfair labour practice.
Remedy Sought
The petitioner sought to quash the Labour Court order dated 08/12/2009 and the Industrial Court order dated 27/07/2012.
Filing Reason
The petitioner challenged the orders granting reinstatement with continuity of service and 50% back wages to the respondent employee.
Previous Decisions
Labour Court partly allowed Complaint (ULP) No.41/2005 on 08/12/2009; Industrial Court dismissed Revision (ULP) No.25/2010 on 27/07/2012.
Issues
Whether the resignation of the respondent was voluntary?
Whether the resignation was accepted by the employer?
Whether the withdrawal of resignation before acceptance is valid?
Whether the Labour Court and Industrial Court erred in ordering reinstatement with back wages?
Submissions/Arguments
Petitioner argued that the respondent resigned voluntarily on 30/06/1994 and the resignation was submitted to MSSM, not to the petitioner, and was never accepted.
Respondent argued that the resignation was not voluntary and was withdrawn before acceptance, and that the petitioner never relieved him.
Ratio Decidendi
A resignation must be voluntary and accepted by the employer to be effective. Withdrawal of resignation before acceptance is valid. The employer failed to prove that the resignation was voluntary or that it was accepted. Hence, the employee is entitled to reinstatement with continuity of service and back wages.
Judgment Excerpts
The petitioner has never received the resignation letter, much less accepted it.
The respondent claimed to have withdrawn his resignation.
Procedural History
The respondent filed Complaint (ULP) No.41/2005 before the Labour Court, which was partly allowed on 08/12/2009. The petitioner filed Revision (ULP) No.25/2010 before the Industrial Court, which was dismissed on 27/07/2012. The petitioner then filed the present writ petition before the High Court.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act):
