IN THE HIGH COURT OF RAJASTHAN
VINIT KUMAR MATHUR, J.
Manendra Singh - Petitioner
Versus
Ajmer Vidyut Vitran Nigam Limited and ors. - Respondents
S.B. Civil Writ Petition No. 12880 of 2020, S.B. Civil Writ Petition No. 11637 of 2020, S.B. Civil Writ Petition No. 12456, 12459, 12883 of 2020.
Decided on : 03-01-2023
| Table of Content |
|---|
| 1. employment termination and refund obligations. (Para 3 , 4) |
| 2. arguments regarding the enforceability of refund conditions. (Para 5 , 6 , 7) |
| 3. court's reasoning on binding terms of employment. (Para 8 , 9 , 10 , 11) |
| 4. dismissal of petitions due to lack of merit. (Para 12) |
ORDER :
Vinit Kumar Mathur, J. - Heard learned counsel for the parties.
2. Since all the writ petitions involve common question of law and arise out of the similar orders passed by the respondents, therefore, they are being heard and decided by this common judgment.
3. The present writ petitions have been filed against the orders passed by the respondents for recovery of an amount of Rs.1,50,000/- from the petitioners for accepting their resignation.
4. Brief facts giving rise to the present writ petitions are that the petitioners were appointed on the post of Commercial Assistant-II in the respondent-department in the year 2019. The terms and conditions of the appointment order contain a Clause that if the probationer trainees are not desirous to continue the service with the respondents for a period exceeding two years and if they tender resignation, then they will have to refund the expenses incurred by the respondents on their training etc. The petitioners were also supposed to refund the entire amount of remuneration/salary subject to the entire amount to the maximum of Rs. 1,50,000/-. Since the petitioners tendered their resignation within a period of two years from the date of joining, therefore, the respondents have issued letters for the recovery of Rs.1,50,000/- for accepting their resignation.
5. Learned counsel for the petitioners submits that such condition is onerous and they cannot be compelled to pay this amount. He submits that the writ petitions may kindly be allowed and their resignation may be accepted without pressing for recovery of the amount of Rs.1,50,000/-.
6. Per contra, learned counsel for the respondents submits that as per the terms and conditions of the offer letter of appointment itself, it is very clear that in case, the petitioners are not desirous of continuing with the services of the respondents, then the expenses incurred in the training etc. shall have to be refunded with the upper ceiling of Rs.1,50,000/- and since the petitioners had received the emoluments more than 1,50,000/-, therefore, the respondents have rightly issued the letter of payment for refund of Rs.1,50,000/- upon the petitioners. He, therefore, prays that the writ petitions presumed by the petitioners may be dismissed.
7. Learned counsel has relied upon a judgment rendered in D.B. Special Appeal (Writ) No. 304/2021 Manisha Devi v. Jaipur Vidyuat Nigam Limited & Anr. decided on 16.04.2021 wherein the Division Bench has held that the condition imposed on a candidate for submission of a bond is required to adhere to as the same has been accepted by the petitioners at the time of securing the job and, therefore, the petitioners are liable to pay the amount in terms of the bond furnished by them to the respondents.
8. I have considered the submission made at the Bar and gone through the pleadings.
9. The petitioners have joined the respondent-department in pursuance of the appointment orders issued in their favour in the year 2019 on the terms and conditions mentioned therein. For brevity, the condition No.6 is reproduced as under:-
"6. At the time of joining duties, the above probationer Trainees, shall have to execute a Bond (proforma enclosed as Appendix-A) on Non-judicial stamp paper worth Rs.500/- issued in the name of candidate with the specific purpose of executing bond in favour of JDVVNL, for giving an undertaking that he/she will not leave his/her training/service or resign or take-up another employment during the period of Probation-Training as well as within one year after completion of Probation-Training, and also during any other training period as well as after completion of such training within a minimum period of 1 year if such trai
AI
An employee can withdraw a resignation before its acceptance, and actions implying continued service must be recognized, entitling the employee to benefits.
The main legal point established in the judgment is that the Petitioner was required to give a three months' notice or pay in lieu thereof to enable the Respondents to process the resignation. The co....
Probationers must adhere to the notice period as per company rules; payment in lieu of notice, once made, precludes contesting its necessity.
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
Recovery of training expenses and salary upon resignation within two years of joining as per Rule 22B of the Rajasthan Service Rules, 1951, and the relevance of circulars/letters issued by the State ....
Employment bonds are enforceable if they reflect reasonable conditions and training investments, but enhancements made retrospectively without consent are not legally sustainable.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
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