If a person wilfully resigns, the termination cannot be challenged at later stage

Integrated Child Development Service Officer (ICDS Scheme) - Appellant

Vs

Hemangniben Bakulbhai Vyas – Respondent


Facts of the Case:
Respondent was working in the petitioner organization as Anganwadi worker. Her services were terminated without any notice, notice pay or complying provisions of Section 25F of the Industrial Dispute Act, 1947. Following this, she approached the labour court.

To this, the appellant contended that the respondent was working only as honorary Angnawadi worker and her appointment was conditional. Moreover, as she was not discharging her duties in consonance with the duty list, therefore she was required to be admonished time and again. Resultantly, she resigned from the job and accordingly she was relieved. Moreover, her appointment order too clearly contained the stipulation that her services were honorary and she would not be entitled to claim any benefits.

The labour court held her resignation void-ab-initio and ordered respondent’s reinstatement with continuity of service and 60% back wages with cost of Rs. 250.

Petitioner challenged this order before Gujarat High Court. Appellant reproduced the documents, earlier produced before the labour court, before Hon’ble High court. These documents clearly contained stipulation that workers were to be appointed on honorarium basis and will be liable to termination without any notice. Also, details regarding notices and memo issued to respondent indicating her lapse in discharging service were produced.

Decision:
Hon’ble High Court considered the facts that respondent’s employment was conditional and she was never a permanent worker and she resigned on her own. The High Court quashed the order of labour court and held that as respondent resigned of her own will and employment too was conditional thus termination cannot be challenged.

 

Source: Labour Law Reporter, Pg. No. 1184, Gujarat High Court, November 2009.

 

Also Check: Other Legal Aspects

 

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