08 September 2022
Delhi
High Court (DB)
A
probationer can resign without serving 3 months’ notice period and any amount
paid by the employee is liable to be refunded by the employer – Delhi High
Court (DB)
On 13.12.2019,
Mr. Paras Khuttan was appointed as Manager (Law), on probation basis, in GAIL
India Ltd.
On 15.01.2020,
Paras resigned from service and requested for relieving on 22.01.2020 since, as
a probationer, he was not required to serve any notice period.
GAIL
India Ltd., however, insisted that Paras is required to serve 3 months’ notice
period and only thereafter his resignation will be accepted by GAIL India Ltd.
Having
no option, Paras served GAIL India Ltd. for 1 month and paid 2 months salary in
lieu of remaining notice period.
GAIL
India Ltd. thereafter accepted the resignation letter and Paras was finally
relieved from service on 17.02.2020.
Thereafter,
Paras filed a writ petition [W.P. (C) No. 4617/2020] before the Hon’ble Delhi
High Court thereby seeking refund of his 2 months salary which he was forced to
pay to GAIL India Ltd. at the time of resignation. The said writ petition was,
however, dismissed vide order dated 10.02.2021 by the Delhi High Court.
Being
aggrieved by the Order dated 10.02.2021, passed by the Single Judge Bench of Hon’ble
Delhi High Court, Paras filed a Letters Patent Appeal [LPA 285/2021] before the
Division Bench of the Hon’ble Delhi High Court.
Vide
Order dated 08.09.2022, the LPA was allowed and GAIL India Ltd. was directed to
refund 2-month salary to Paras. The directive paragraphs of the Order dated
08.09.2022 are reproduced below for ready reference: -
“42. The present case is an open and shut case of a
probationer whose services could have been terminated at any point of time and
the probationer was well within the right to resign at any point of time as he
was not an employee and he was not covered under Clause 8.1 of the Regulations
governing the field. This Court is of the considered opinion that the order
passed by the learned Single Judge deserves to be set aside and is accordingly
set aside. The Petitioner is entitled for refund of the amount deposited by him
in lieu of notice period and the same be done positively within a period of 3
months from the receipt of a copy of this Order.
43. With the aforesaid directions, the LPA stands allowed. No
orders as to costs.”
[Paras Khuttan
Versus GAIL INDIA LTD & ANR., LPA 285/2021,
decided on 08 September 2022]
https://advocateanujaggarwal.com/home.php
Anuj
Aggarwal
Advocate
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New
Delhi - 110014
483,
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High Court, New Delhi-110003
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