Employee Quit but Wants to Return: How Should We Handle Her Legal Claim?

Employee Resignation and Legal Action

One staff member working in a hospital as a sweeper left the job, stating she would not return from the next day. As an employer, we did not remove her from duty; she left voluntarily because she did not want to perform the duties we assigned to her.

After a few days, she went to court and filed a complaint through the labor court to be reinstated in her job. However, the question here is that we did not remove her. In such a case, what should we do? She filed as per the Act of 1947, Section 10(1).

Kindly suggest what to do in this case and what actions we can take.

Dear friend, your narrative seems to lack essential details leading to the individual dispute by the woman employee in the Labor Court.

Initial Process and Legal Steps

In the first place, the employee could not have approached the Labor Court straight away without exhausting the initial process of raising the dispute before the Conciliation Officer under Section 2-A(1) of the Industrial Disputes Act, 1947. If so, did you participate in the proceedings before the Officer and file any counter statement setting forth what actually happened as you have described, or did you simply ignore attending the proceedings?

In the former case, you could have suggested offering her reemployment with continuity of service but without back wages, as she left on her own. Had you simply failed to attend the proceedings even without any reply to the complaint by the employee, in the absence of documentary evidence like an appointment letter, resignation, relieving orders, etc., whatever defense you take now before the Court would be weakened.

Recommended Action

In my opinion, it is wise for the hospital to come forward before the Court to take her back without back wages and try to get a consent award. Better consult your advocate.

Hi, ANONYMOUS,

In addition to the points mentioned, you should have initiated the disciplinary process by issuing a warning letter regarding the sudden halt in attendance without providing any formal written explanation. If this letter had been sent via Registered Post Acknowledgement Due (RPAD), it could have been presented to the conciliation officer. The employer does not deny the individual's employment, and the employee voluntarily left without providing any information.

Dear colleague,

What documentary proof do you have in support of your assertion that she left the job of her own will? Did she submit a letter of resignation, and did you acknowledge her resignation in writing? In matters of employment termination, verbal statements are not acceptable. As you are now facing an industrial dispute due to your apparent lack of knowledge and negligence, it is advisable to heed the advice of Mr. Umakanthan.

Regards,
Vinayak Nagarkar
HR Consultant

You should have taken a written letter of resignation from the employee or given notice of absenteeism to cover your position. Now there is only oral communication; it is not valid in court. Therefore, you may try to settle the case by explaining the actual facts in court.