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Employee Cannot Remain Absent from Work Citing Pending VRS Application: Supreme Court

Writer's picture: Legal Soch FoundationLegal Soch Foundation
1 min read

The Supreme Court of India has clarified that an employee cannot remain absent from work solely on the grounds of a pending application under the Voluntary Retirement Scheme (VRS). The ruling emphasizes the importance of fulfilling workplace obligations unless explicitly relieved from duties.


The case involved an employee who ceased attending work, arguing that they had applied for voluntary retirement under the organization's VRS policy and were awaiting approval. The court, however, observed that merely applying for VRS does not exempt an employee from their existing duties.


The bench noted that the acceptance of a VRS application is subject to the employer's discretion and is not an automatic process. Until such acceptance is communicated and formalized, the employment relationship and associated responsibilities remain intact.


The court further highlighted that employees must adhere to established workplace rules and procedures, even if they anticipate their retirement. Prolonged unauthorized absence, it ruled, disrupts organizational operations and sets a negative precedent for workplace discipline.


The judgment underscores the balance between employee rights and employer prerogatives, reaffirming that voluntary retirement cannot be presumed until officially approved. This ruling aims to maintain workplace discipline and discourage unwarranted absenteeism under the guise of pending retirement applications.


The Supreme Court's decision serves as a precedent to address similar disputes, ensuring clarity on the obligations of employees seeking voluntary retirement.




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