Labour Law

Voluntary retirement

— Whether taken under undue pressure — Appellant wrote in his own handwriting the letter seeking his voluntary/premature retirement and personally submitted the same to the authority concerned which was accepted with immediate effect and he was relieved on the same day by respondent management — He was allowed all the retiral benefits which would have otherwise been available to him at his superannuation — In addition his request for ex gratia payment was also accepted — Subsequently, appellant alleged that he was pressurised and coerced to take the retirement — Neither he made it specific nor he gave the name of any officer who compelled him to write the letter or exercised undue or excessive pressure to sign the letter — Held, appellant having himself written the letter and after having accepted the retiral benefits without any protest, cannot now turn around and complain that he was compelled to submit his voluntary/premature retirement — Labour Court erred in coming to the conclusion that appellant was compelled to submit the letter when the same was not supported by any acceptable evidence but was based on suspicion and doubt which cannot take the place of evidence — No finding can be given on mere doubt or suspicion or on the basis of baseless allegations — High Court was justified in allowing the management's appeal, (2006) 5 SCC 759