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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, R. T. VACHHANI
Punambhai Ashabhai Waghela – Appellant
Versus
Indian Petrochemicals Corporation Ltd. – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. The present group of Letters Patent Appeals, filed under Clause 15 of the Letters Patent Act, 1865, emanates from the common CAV order dated 15.09.2022 passed by the learned Single Judge, whereby the captioned writ petitions filed by the appellants – employees of the respondent - Indian Petrochemical Corporation Ltd., (hereinafter referred to as “the Company”), came to be rejected. The employees - writ petitioner’s had challenged the awards passed in the respective references by the Labour Court No.1, Vadodara, dismissing 462 reference proceedings and refusing to grant the relief of reinstatement with back wages. The controversy pertains to the withdrawal of applications filed by the appellant–employees seeking voluntary retirement under the Voluntary Separation Scheme (VSS)/Special Separation Scheme (SSS) introduced by the respondent–Corporation vide Circular dated 06.03.2007, which has remained in operation from 06.03.2007 to 20.03.2007.
2. A total of 2,400 employees, including the present appellants, applied to avail the benefits under the said Scheme.
3. According to the employees, on 20.03.2007, in the late evening, all of them approached the appropr
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....
Voluntary Retirement – Once acceptance takes place, contract stands concluded – Right of a person whose resignation has been accepted is to receive benefit of provident fund amount as one of terminal....
Point of Law : Rule 48-A of CCS (Pension) Rules is extracted retirement on completion of 20 years' qualifying service.
An employee who voluntarily retires and accepts benefits cannot later retract such decision based on unfounded claims of coercion, especially after a prolonged delay.
An employee's resignation is effective upon acceptance by the employer, and withdrawal must occur before acceptance; acceptance of benefits indicates cessation of employment.
An employee can withdraw a voluntary retirement application before the effective date of retirement, as affirmed by the Court, ensuring that rights under Article 21 are protected; engaging in post-re....
Acceptance of benefits under a Voluntary Retirement Scheme precludes subsequent claims of coercion or reinstatement.
The acceptance of a Voluntary Separation Scheme (VSS) constitutes a mutual termination of employment, and the burden of proof lies with the Claimant to establish dismissal, which was not proven.
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