Case Note & Summary
The writ petition was filed by the legal representatives of the deceased ex-employee, Kuppanna Naik, challenging the award of the Labour Court, Gulbarga, in Reference No.42/2009 dated 6.8.2011, which dismissed the reference. The deceased workman was employed as a Driver-cum-Conductor at Sindhanur Depot of the NEKRTC. Due to acquiring a disability, he submitted an application for voluntary retirement on 14.3.2007, along with a medical certificate dated 12.3.2007. The application was accepted on 11.5.2007, and from that day onwards, he ceased to be an employee of the Corporation. Terminal benefits were provided to the first petitioner, who accepted them. The workman died on 15.2.2011. During his lifetime, he had raised a dispute in Reference No.42/2009 seeking to set aside the acceptance of his voluntary retirement. The Labour Court dismissed the reference on the ground that after the acceptance of the voluntary retirement application, the workman ceased to be an employee, and thus there was no employer-employee relationship. The High Court, after examining the records, found that the Labour Court's conclusion was correct. The writ petition was dismissed as devoid of merits, with no order as to costs.
Headnote
A) Labour Law - Voluntary Retirement - Cessation of Employment - Once an application for voluntary retirement is accepted, the employee ceases to be a workman and no employer-employee relationship exists - The Labour Court correctly dismissed the reference as there was no subsisting relationship (Paras 2-3).
Issue of Consideration
Whether the Labour Court was justified in dismissing the reference on the ground that the workman ceased to be an employee of the Corporation after his application for voluntary retirement was accepted.
Final Decision
The writ petition is dismissed as devoid of merits. No order as to costs.
Law Points
- Voluntary retirement
- employer-employee relationship
- acceptance of resignation
- termination of service
- jurisdiction of Labour Court
Case Details
2013 LawText (KAR) (07) 33
Writ Petition No.84123/2011(L-KSRTC)
Sri P.Vilas Kumar for petitioners, Sri Shivashankar.H.Manur for respondent 1
Padmavathi, Kumari K.Sahana Malgere, Kumari K.Samiksha (Legal Representatives of deceased Kuppanna Naik)
NEKRTC through its Managing Director, Divisional Controller NEKRTC Raichur Division
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the award of the Labour Court dismissing the reference.
Remedy Sought
Petitioners (legal representatives of deceased ex-employee) sought to set aside the award of the Labour Court dismissing the reference.
Filing Reason
The Labour Court dismissed the reference on the ground that the workman ceased to be an employee after his voluntary retirement application was accepted.
Previous Decisions
The Labour Court in Reference No.42/2009 dated 6.8.2011 dismissed the reference.
Issues
Whether the Labour Court was justified in dismissing the reference on the ground that the workman ceased to be an employee after acceptance of voluntary retirement.
Submissions/Arguments
Petitioners argued that the Labour Court erred in dismissing the reference.
Respondents supported the Labour Court's award.
Ratio Decidendi
Once an application for voluntary retirement is accepted, the employee ceases to be a workman and no employer-employee relationship exists. The Labour Court correctly dismissed the reference.
Judgment Excerpts
The records reveal that the Kuppanna Naik was the Driver-cum-Conductor working at Sindhanur Depot, Raichur District; due to acquiring of disability, he submitted an application praying for permission to retire voluntarily on 14.3.2007, along with the medical certificate dated 12.3.2007; the said application was accepted on 11.5.2007; from that day onwards, Kuppanna was not the employee of the respondent-Corporation.
In view of the above, the Labour Court was justified in dismissing the Reference. The writ petition is dismissed as devoid of merits.
Procedural History
The workman raised a dispute in Reference No.42/2009 before the Labour Court, Gulbarga, which was dismissed on 6.8.2011. The legal representatives of the deceased workman filed the present writ petition under Articles 226 and 227 of the Constitution of India challenging the award.
Acts & Sections
- Constitution of India: Articles 226, 227
