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M. K. THAKKER
KISHOR CHATRAJI VAGHELA – Appellant
Versus
S. G. S. INDIA PVT. LTD. – Respondent
JUDGMENT :
M.K. THAKKER, J.
1. This petition is filed under article 226 and 227 of the Constitution of India seeking following reliefs:
(B) Your Lordships may be pleased to allow this Special Civil Application by issuing a writ of certiorari or any other writ in the nature of certiorari quashing and setting aside the order dated 28.03.2002 passed in Reference (LCB) Case No. 54 of 2011 passed by the Learned Labour Court Gandhidham-Kutch in the interest of justice.”
2. Brief facts arising for the consideration is that petitioner was appointed in the year 1989 as a casual worker and he renders his service on that post up to 31.01.1992, thereafter, the petitioner was posted on a permanent post of Survey Assistant-Grade II. He was paid monthly salary of Rs. 16,450/- on 09.07.2009. The respondent warned the petitioner as well as other employees that branch of company is going to shut down and therefore, if the workmen wants to settle their claims, then they may settle else they would be terminated from the service on account of impending closure. There are 22 employees who applied for Voluntary Retirement Scheme and they have been paid a lumpsum amount of Rs. 3,97,000/- towards comp
Acceptance of benefits under a Voluntary Retirement Scheme precludes subsequent claims of coercion or reinstatement.
An employee who voluntarily retires and accepts benefits cannot later retract such decision based on unfounded claims of coercion, especially after a prolonged delay.
Employees cannot challenge the legality of a Voluntary Retirement Scheme after accepting its benefits and failing to raise objections before any authority.
The main legal point established in the judgment is that the jural relationship of employer-employee does not come to an end unless the employee is relieved from duty after acceptance of voluntary re....
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.
The main legal point established in the judgment is the importance of following the principles of natural justice and the employer's obligation to provide valid reasons for resignation or retrenchmen....
The court established that provisions of the Income Tax Act regarding voluntary retirement do not create enforceable contractual obligations between employers and employees.
The right to encash earned leave is a property right protected under the Constitution, and depriving an employee of this right without valid statutory provision is impermissible.
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....
A resignation must be voluntary; prior acceptance is not mandatory for it to take effect, with the defining factor being the nature of the employee's role under the Industrial Disputes Act.
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