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HIGH COURT OF GUJARAT
AS, NMT
VISHAL THAKURDAS PUNJABI – Appellant
Versus
S. G. S. INDIA PVT. LTD. – Respondent
ORDER :
(A.S. SUPEHIA, J.)
1. With the consent of the learned advocates for the respective parties, the matters are ordered to be taken-up for final disposal today.
2. Present appeals emanate from the judgment dated 8th October, 2024 passed by the learned Single Judge rejecting the writ petitions filed by the appellants-employees seeking quashing and setting aside the order dated 28th March, 2022 passed in Reference (LCB) Case no.59 of 2011 passed by the Labour Court, Gandhidham, Kachchh, whereby the Labour Court has rejected the reference proceedings. The reference proceedings emanates from the Voluntary Retirement Scheme (VRS) dated 8th July, 2009.
3. Mr. Krishnan M. Ghavariya, learned advocate for the appellants at the outset has submitted that the judgment passed by the learned Single Judge confirming the orders dated 28th March, 2022 passed by the Labour Court are required to be quashed and set aside as the vital aspect about the appellants – employees having been duped by the respondent company in opting for voluntary retirement under the scheme has not been appreciated in its true perspective. While referring to the scheme, which stems-out of the settlement under Section 2(p) re
Employees cannot challenge the legality of a Voluntary Retirement Scheme after accepting its benefits and failing to raise objections before any authority.
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.
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....
The court established that provisions of the Income Tax Act regarding voluntary retirement do not create enforceable contractual obligations between employers and employees.
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 employees cannot claim benefits of pay revisions post-separation, as acceptance of the scheme constitutes a waiver of rights to future wage adjustments.
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