THE KARNATAKA STATE CO-OP MARKETING FEDERATION LTD., REP. BY ITS GENERAL MANAGER Vs. THE ADDITIONAL REGISTRAR OF CO-OP SOCIETIES (C & M) AND SRI. J.M. VEERABHADREGOWDA

JUDGEMENT

(1.) THIS writ petition is filed challenging the order passed by the Karnataka Appellate Tribunal dismissing the appeal filed by the appellant - The Karnataka State Co -operative Marketing Federation Limited. The Tribunal has affirmed the order passed by the 1st respondent - Additional Registrar of Co -operative Societies, Bangalore in dispute No. A(C & M)/D -7/6976/2002 -03. The 2nd respondent is an employee of the petitioner -Federation. The petitioner framed a scheme governing voluntary retirement of their employees during the year 1995. The 2nd respondent submitted a representation dated 06.12.1999 to the petitioner seeking the benefit of voluntary retirement and requested that he be relieved from service granting the benefit of the scheme with effect from 31.03.2000. Before the offer of voluntary retirement was accepted, the 2nd respondent - Employee submitted representation dated 01.01.2000 making a request to the Federation to extend the period of acceptance of voluntary retirement so as to be effective from 31.10.2000. The 2nd respondent appears to have submitted one more representation on 30.03.2000 requesting the General Manager of the Federation to relieve the 2nd respondent from his duties by accepting the voluntary retirement only in case the Federation is willing to settle his terminal benefits at one go without any installments based on the representation submitted by him, with effect from 31.03.2000. This letter is produced at Annexure -C. Admittedly, there is no response by the petitioner to the representations submitted by the petitioner, particularly to Annexure -C representation dated 30.03.2000.

(2.) IT is the case of the 2nd respondent - employee that he has submitted letters dated 01.03.2001 and 12.04.2001 requesting the management not to accept the offer of voluntary retirement submitted by him. Despite such representations submitted, the petitioner vide its order dated 30.04.2001 produced at Annexure -D has accepted the voluntary retirement offers made by some of the employees including the 2nd respondent herein.

(3.) I have heard the learned counsel for the parties.