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SANDEEP V. MARNE
Vijay R. Pandhare – Appellant
Versus
Balsara Hygenic Products Ltd. – Respondent
JUDGMENT :
Sandeep V. Marne, J.
1. Petitioners have filed this petition challenging the judgment and order dated 10 April 2003 passed by the Member, Industrial Court, Thane dismissing Complaint (ULP) No.138 of 1998 filed by them challenging voluntary retirement granted to them, seeking their reinstatement in service or to pay correct amounts towards implementation of the Voluntary Retirement Scheme.
2. Respondent No.1-M/s. Balsara Hygenic Products Ltd. was a Company engaged in manufacture of basic chemicals, pharmaceuticals, cosmetics etc. and had one of its factories at Thane. It had employed about 180 employees in its Thane Factory. Respondent No.1 displayed Voluntary Retirement Scheme (VRS) on its notice board on 12 June 1997 which was to come into effect on 20 June 1997. According to the Petitioner, only 8 to 10 employees voluntarily opted for the said scheme and majority of the Workmen were against the Voluntary Retirement Scheme and they were in the process of negotiating with the Management either for continuation of their employment or for offering more beneficial VRS terms. It is Petitioner’s contention that the same VRS was once again displayed by the Respondent- Management
The court established that provisions of the Income Tax Act regarding voluntary retirement do not create enforceable contractual obligations between employers and employees.
Voluntary Retirement Scheme employees cannot claim benefits of pay revisions post-separation, as acceptance of the scheme constitutes a waiver of rights to future wage adjustments.
Delay and latches in challenging the seniority is always fatal.
An employee who voluntarily retires and accepts benefits cannot later retract such decision based on unfounded claims of coercion, especially after a prolonged delay.
Acceptance of benefits under a Voluntary Retirement Scheme precludes subsequent claims of coercion or reinstatement.
The management's failure to substantiate claims of dues against the workman rendered the recovery order without basis, upholding the worker's right to gratuity and statutory dues under the Voluntary ....
Voluntary retirement scheme withdrawals post acceptance cannot be permitted; employees are bound by terms once applications accepted, and acceptance of benefits further confirms the inability to chal....
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