Voluntary resignation cannot be invalidated by retrospective claims of mental coercion or technical objections regarding authority, especially when the individual has subsequently occupied an elected public office. Such conduct constitutes an abuse of the legal process, precluding the right to seek reinstatement.

ORDER :

ANAND PATHAK, J.

1. Regard being had to similitude of the controversy, both the petitions were heard analogously and are decided by a common order. For convenience's sake, facts of M.P. No.252/2019 are taken into consideration.

2. The instant petitions are two connected matters in which M.P. No.252/2019 is being preferred by M.P. Road Transport Corporation and M.P. No.5422/2018 is preferred by one Jagdish Savita (hereinafter referred as "employee") against the M.P.R.T.C.

3. Precisely stated facts of the case are that respondent/ employee was working as "Painter" in the M.P. Road Transport Corporation (for brevity "MPRTC") since 1987. Since MPRTC was suffering loss thus, introduced the scheme of Voluntarily Retirement Scheme (VRS Scheme) in the year 2000.

4. Respondent/ employee preferred for VRS vide application dated 10/09/2001 (Annexure P/5 of M.P. No.5422/2018), but the same was not accepted by the petitioners/Corporation. Therefore, respondent/ employee filed a writ petition vide No.1854/2003 before this Court, which was decided vide order dated 01/07/2003 and it was directed to the petitioner No.1/ employer to consider the application submitted by the respondent/ employee seeking retirement under Voluntary Retirement Scheme of the Corporation. It appears that the said application was considered by the petitioners/Corporation and got rejected vide order dated 01/08/2003 due to absence of any specific direction and inadequacy of funds.

5. It further appears from the pleadings and submissions that respondent/ employee wanted to contest the election as Councillor/ Corporator of Municipal Corporation, Gwalior which was likely to be held in the year 2004, therefore, on 03/11/2004, he preferred his resignation and prayed for its acceptance immediately. He also expressed his willingness to dispense with 01 month's salary. The said resignation was placed before the Senior Depot Manager of M.P.R.T.C., Gwalior Depot and the same was accepted vide order dated 03/11/2004 (Annexure P/10 of the employee's petition) by Senior Depot Manager elaborating the reasons for accepting his resignation.

6. Thereafter, it appears that respondent/ employee contested the election of Municipal Corporation, Gwalior and was elected as "Councilor" from Ward No.34 and enjoyed the post for full 05 years' term. However, on 12/08/2005 (when he was a Councilor), he filed an application under Sections 31(3), 61, 62 and 64-A of the M.P. Industrial Relations Act, 1960 (hereinafter referred as "MPIR Act") before the Labour Court, Gwalior.

7. Matter kept pending for 07 years and vide order dated 27/04/2012, the Labour Court passed an order whereby petitioners/Corporation was directed to reinstate respondent/ employee with 15% back wages. Labour Court although gave finding that after resignation, all dues were taken by respondent/ employee and he remained Councilor of Municipal Corporation, Gwalior, but resignation was accepted by the Senior Depot Manager whereas appointing authority of the respondent/ employee was the Chief Works Manager, therefore, resignation was accepted by the incompetent authority. On this technical ground, Labour Court passed the order of reinstatement of the respondent/ employee with 15% back wages.

8. Against said order of Labour Court, petitioners/ Corporation preferred an appeal before M.P. Industrial Tribunal Gw