Can’t consider undertaking given in duress by employee seeking reinstatement: High Court

Saurabh Malik

Chandigarh, June 14

The Punjab and Haryana High Court has made it clear that an undertaking given by any employee in lieu of his reinstatement in service is meaningless. Furnished under duress, such an undertaking cannot be taken into consideration. Justice Jaishree Thakur has also made it clear that the employer, always in a dominant position, wielding power and authority, is expected to act with utmost fairness.

“The argument that the petitioner-employee had agreed to his reinstatement by submitting an undertaking that he would not claim any other benefit would have no merit as this court is of the opinion that the employer is in a dominant position to get such an undertaking in lieu of reinstatement,” Justice Thakur asserted.

The Bench was hearing a petition filed by a government employee for quashing decision dated January 31, 2013, the suspension period from March 4, 2008 to February 20, 2009, and dismissal period from February 21, 2009, to December 28, 2009, was treated as duty period only for calculation of gratuity and not for release of other benefits such as leave encashment and employees’ provident fund.

Taking up the matter, Justice Thakur asserted issue for determination in the present petition was whether the petitioner was entitled to pay and back wages for the period of suspension and dismissal, when factually the punishment of termination was modified from a major penalty of dismissal to a minor penalty of warning?

Allowing the appeal, Justice Thakur set aside the impugned order before adding that the petitioner as a consequence would be entitled to all financial benefits, such as leave encashment, EPF and ACP as admissible under the relevant rules.