Case Note & Summary
The petitioner, Maharashtra State Road Transport Corporation, challenged the judgments of the Labour Court and Industrial Court which allowed the complaint filed by the respondent, Arjun Thakur, a former driver. The respondent had resigned on 01/02/1999 due to ill health, but later sought to withdraw his resignation, claiming he was unaware of a circular dated 04/04/1981 that permitted withdrawal of resignation within a specified period. The Labour Court found that the resignation was not voluntary and that the Corporation had engaged in unfair labour practice under Item 1(a) and (b) of Schedule IV of the MRTU & PULP Act. The Industrial Court partly allowed the revision, modifying the relief to reinstatement as a peon with continuity of service but without full back wages. The High Court, after hearing both sides, upheld the finding of unfair labour practice, noting that the respondent had resigned under a mistake of fact and the Corporation failed to inform him of the circular. The High Court modified the Industrial Court's order to grant 50% back wages from the date of resignation till reinstatement, while confirming the reinstatement as a peon with continuity of service. The petition was disposed of accordingly.
Headnote
A) Industrial Law - Unfair Labour Practice - Resignation under Mistake of Fact - Item 1(a) and (b) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act) - The respondent, a driver, resigned due to ill health but was unaware of the employer's circular allowing withdrawal of resignation within a specified period. The employer did not inform him of this circular. The Labour Court and Industrial Court held that the resignation was not voluntary and the employer's conduct amounted to unfair labour practice. The High Court upheld the finding, directing reinstatement with continuity of service but modifying back wages to 50% from the date of resignation till reinstatement. (Paras 1-10)
Issue of Consideration
Whether the resignation submitted by the respondent was voluntary or under a mistake of fact, and whether the employer's failure to inform the employee of the circular permitting withdrawal of resignation constitutes unfair labour practice.
Final Decision
The High Court dismissed the writ petition, upholding the Industrial Court's order of reinstatement as peon with continuity of service, but modified the order to grant 50% back wages from the date of resignation till reinstatement.
Law Points
- Unfair labour practice
- Resignation
- Mistake of fact
- Withdrawal of resignation
- Reinstatement
- Continuity of service
- Item 1(a) and (b) of Schedule IV of MRTU & PULP Act
