B C S GOWD Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has approached this Court seeking a direction against the second respondent - Hindustan Paper Corporation Limited ('HPCL' for short), a Government of India undertaking to settle his accounts by implementing the orders of this Court passed in WA No.8228/1999 dated 16.06.2003 and the order dated 03.02.2012 passed in WP No.17114/2007. Indeed petitioner has made representations dated 10.04.2012 and 11.08.2012 making such a request based on the orders passed by this Court for settling his terminal benefits and arrears of wages. As these representations have not been considered, he has approached this Court for a direction to the second respondent to consider his representations and settle the dues payable to him.

(2.) Petitioner herein was the employee of Mandya National Paper Mills Limited ('MNPML' for short), which had been initially arrayed as respondent No.3. After the said company went into liquidation, the Official Liquidator appointed for the third respondent company, has been impleaded as respondent No.5.

(3.) When the petitioner was serving as a Deputy Manager, he had submitted an application to avail benefit of voluntary retirement from service under the existing scheme. The said application was later on withdrawn. However, the Management accepted the letter submitted by the petitioner seeking voluntary retirement. This was challenged by the petitioner in WP No.7118/1993. By order dated 29.09.1999, the writ petition was allowed in part. Order of termination was set-aside. The Management was directed to reinstate the petitioner into service, subject to a condition that petitioner shall refund all the amount received by him towards terminal benefits within two months from the date of the order. However, while denying backwages, benefit of continuity of service was granted. Aggrieved by this order, both the Management of the third respondent company and the employee petitioner herein filed two writ appeals. Both the writ appeals were heard together and were disposed of by a common judgment dated 16.06.2003.