Delhi High Court

Delayed allegations of workplace harassment and forced resignation after voluntary exit lack evidentiary merit for reinstatement.

Ajay Kumar Lakhiwal v. HSCC India Ltd. & Anr. [LPA 758/2025]

Delhi High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Appellant, a Management Trainee (Finance and Accounts) who joined Respondent No. 1 on 03.11.2022, resigned from his position on 19.05.2023 (backdated to 18.05.2023) while on probation

Source reference: p. 3, 6

After nearly one year, on 04.04.2024, the Appellant alleged he was forced to resign due to workplace harassment and discrimination

Source reference: p. 3, 6

He filed a complaint with the National Commission for Scheduled Caste (NCSC), which was dismissed on 08.11.2024 for lack of merit

Source reference: p. 3, 6

The Appellant then filed a Writ Petition [W.P.(C) 13076/2025] seeking reinstatement and back wages, which was dismissed by a Single Judge on 27.08.2025

Source reference: p. 2

The Appellant preferred this intra-court appeal (LPA) challenging that dismissal.

Source reference: no citation
02

Issues

Whether the Appellant’s resignation was voluntary or obtained under duress/coercion amounting to constructive dismissal.

Source reference: p. 4, 7

Whether the Appellant was entitled to reinstatement through a Writ of Mandamus despite not challenging the NCSC order and failing to raise timely grievances.

Source reference: p. 6, 7
03

Law Applied

The Court applied the principles governing the issuance of a Writ of Mandamus under Article 226 of the Constitution of India, which requires a clear legal right and a corresponding failure of public duty

Source reference: p. 7

It also relied on the doctrine of "acquiescence and delay," where a failure to protest at the first available opportunity—such as during the notice period—undermines allegations of coercion

Source reference: p. 6

Furthermore, the court adhered to the principle of res judicata or finality of administrative orders, noting that a party cannot seek identical relief in a Writ Petition if they have failed to challenge a specific adverse order from a constitutional body like the NCSC

Source reference: p. 7
04

Reasoning

The Court observed that the Appellant served a one-month notice period following his resignation but failed to raise any allegations of harassment or "forced resignation" during that time

Source reference: p. 6

The first formal complaint was lodged nearly a year after his exit, which the court deemed an "afterthought" lacking evidentiary support

Source reference: p. 7

The Court highlighted that the Appellant’s claims regarding compromised mental health were not substantiated by medical or documentary evidence

Source reference: p. 7

Crucially, the Court noted that the Appellant did not challenge the NCSC’s order dated 08.11.2024, which had already found his case meritless; thus, he could not reopen the same grievances through a Writ Petition

Source reference: p. 6, 7

Since the Appellant resigned during his probation and no evidence of coercion existed, the Court found no procedural lapse or illegal termination by the Respondents

Source reference: p. 7
05

Holding

The Court dismissed the Appeal, holding that the resignation was voluntary and no grounds existed to issue a Writ of Mandamus for reinstatement

The bench affirmed the Single Judge's decision, noting that the Appellant was not entitled to reopen settled grievances without challenging the NCSC order or providing credible evidence of harassment

Source reference: p. 6, 7

The Appeal was dismissed with no order as to costs

Source reference: p. 7
Delhi High Court

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Ajay Kumar Lakhiwal v. HSCC India Ltd. & Anr. [LPA 758/2025]

Delhi High Court · no citation

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