S. KRISHNAN Vs. BHARAT GOLD MINES LTD.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. The respondent is represented by Counsel, who has not chosen to file statement of objections.

(2.) The petitioner joined the services of the first respondent-company in the year 1961 and on successive promotions, was holding the post of Chief Finance Manager, with effect from 11.6.1998. Under a Voluntary Retirement Scheme introduced by the respondent-company, the petitioner had sought for availing of the said scheme. However, there was a condition imposed that the employees against whom disciplinary proceedings are pending or contemplated, would not be eligible to seek such retirement. The company after satisfying it-self that the petitioner was eligible, had accepted his application by an order dated 30.3.2001. He was relieved from services with effect from 31.3.2001 and was paid his retirement benefits as per the scheme.

(3.) In view of the above circumstances not having been refuted by the respondent, the petition deserves to be allowed especially, in the light of the circumstance that two other employees, who had similarly questioned the proceedings initiated against them after cessation of their employment, in similar circumstances as the present petitioner. in W. P. 18806-18810/2004 and the same having been allowed by this Court by a common order dated 9.3.2011, by the same token of reasoning, the present petition is allowed. The impugned annexures are quashed. Petition allowed.