SHEELA JOSHI Vs. INDIAN AIRLINES LIMITED

JUDGEMENT

(1.) Unfolding of the petition reveals the following averments made by the petitioner on the basis of which this petition is filed :Petitioner joined the services of respondent No. 1 - Indian Airlines Limited(hereinafter referred to as IA, for short) as an Air Hosless in the year 1982. When she was working as such, IA introduced Voluntary Retirement Scheme (hereinafter referred to as Scheme, for short) as per which all permanent employees who had completed ten years of continuous service could make written request for voluntary retirement. This scheme came into operation w.e.f. 10/10/1994 and was to remain in force till 31/12/1994. Clause IV of this Scheme gave power to the Managing Director to accept or reject the request of the Scheme at his "sole discretion" on the merit of each case. This reads as under :-

(2.) In the rejoinder affidavit filed by the petitioner she has mainly reiterated her stand taken in the writ petition. She 'has denied having received any letter dated 6/03/1995 and slated that in the absence of any such communication, her request for voluntary retirement was deemed to have been rejected. She performed her duties on 1/04/1995 as well and it was wrong on the part of the respondent-IA to allege that she was given the duties erroneously. The aforesaid averments made by there respective parties would show that the controversy revolves around the issue as to whether order dated 6/03/1995 by which the request of the petitioner was allegedly accepted, was actually communicated to the petitioner or not. After the completion of pleadings when the mailer came up for argument, on 10/09/1996 this Court passed the following order :-

(3.) I say that the Department had received the letter dated 6/3/1995 addressed to Ms. Sheela Joshi. Copy of the page of the register showing receipt of the said letter is annexed hereto Annexure 'A'. There after, as per practice and procedure the letter as usual was placed in her bin/locker. Bins/lockers are maintained for employees such as flying crew etc. as they are not allotted any Fixed seals nor have any Fixed working, hours.