The main legal point established in the judgment is that the resignation was voluntary, the sexual harassment complaint lacked nexus with the resignation, and the acceptance of the resignation severed the employer-employee relationship.

JUDGMENT :

[Madhav J. Jamdar, J.]

1. The petitioners, original respondent nos. 1 to 3 before the learned Maharashtra Administrative Tribunal, Mumbai (hereafter “Tribunal” for short), by the present writ petition are challenging the legality and validity of judgment and order dated 5th February 2021 in Review Application No.2 to 2020, order dated 10th December 2019 in Miscellaneous Application No.329 of 2019 and judgment and order dated 18th February 2019 in Original Application no.434 of 2014, all passed by the Tribunal.

2. The respondent no.1 was appointed on contractual basis for 11 months as Craft Instructor at Yavatmal. She was thereafter appointed for further 11 months on contractual basis at Industrial Training Institute (hereafter “ITI”, for short) Dongri, District Thane by an appointment letter dated 2nd March 2010. Respondent no.1 applied under the regular selection process and after qualifying in the said selection process, she was appointed on regular basis as a Craft Instructor (Craft Instructor Electrician) at ITI, Vikramgad, Thane by an appointment letter dated 3rd September 2010.

3. Respondent no.1 submitted her resignation on 6th December 2012 and the said resignation was accepted by the Government of Maharashtra vide order dated 10th January 2013. On 9th May 2014, by filing Original Application No. 434 of 2014 before the Tribunal, the respondent no.1 inter alia challenged the said order dated 10th January 2013 by which her resignation was accepted. It was prayed by her that she be allowed to join the service on the post of Craft Instructor (Craft Instructor Electrician) as per her original appointment letter dated 3rd September 2010 with continuity of service with effect from the date of her original appointment and further relief was sought to direct the original respondents to grant all consequential service benefits including back wages with interest for the period of her leave by giving legal effect to the said leave period as an extraordinary leave period.

4. By the impugned order dated 18th February 2019, the said original application was allowed by holding that the resignation submitted by the respondent no.1 being qualified and conditional, it was not liable to be accepted and, therefore, the respondent no.1 shall be entitled to the relief of reinstatement with full back wages. The Tribunal further directed that departmental inquiry be conducted under the Vishakha Guidelines and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 relating to sexual harassment. The petitioners were also directed to decide the respondent no.1’s period of leave.

5. The petitioner no.1 filed Miscellaneous Application No.326 of 2019 before the Tribunal contending that as the contentions raised by the State of Maharashtra were not considered properly, the said original application be reheard. The said miscellaneous application was dismissed by order dated 10th December 2019 on the ground that the same is not maintainable.

6. The petitioner no.1 thereafter filed Review Application No.2 of 2020. The said review application was dismissed by the Tribunal by judgment and order dated 5th February 2021.

7. The reasons recorded by the Tribunal in the judgment and order dated 18th February 2019 can be gathered from paragraphs 16 and 17 thereof. The said paragraphs read as under:

“16. If the facts, namely: -

i. The Applicant claims that she has suffered sexual harassment;

ii. The Applicant has filed the complaint to the Director;

iii. An enquiry was initiated but not completed or no findings are declared to the Applicant;

iv. Applicant was required to undergo leave for high risk pregnancy and she was required to take leave and had submitted leave application;

v. Applicant’s medical leave has remained undecided. Applicant was not referred to medical examination as regards her claim as regards hi