MYSORE SALES INTERNATIONAL LTD Vs. TARUN CHATURVEDI

JUDGEMENT

(1.) These appeals are directed against an order dated 17/5/2005 of the learned Single Judge allowing the Writ Petition(C) 11124 of 2004 filed by Respondent and against an order dated 21/2/2006 passed in CM No 6673 of 2005 by which the application filed by the appellants for recall of the order dated 17/5/2005 was rejected by the learned Single Judge.

(2.) The brief facts leading to the filing of the present appeals are that the respondent joined the services of the Appellant No. 1 in April 1984. Later on, he was promoted as Sales Supervisor in 1987, and as Sales Officer in 1996. From 1997 he was designated as Assistant Sales Manager in the Delhi office of the Appellant No. 1. A Voluntary Retirement Scheme (VRS) was introduced by the Appellant No. 1 on 2.12.2003. The salient features of the VRS are as under:

(3.) The respondent accordingly, applied for the VRS on 12.1.2004 and it is not dispute that his application was accepted by the Appellant No. 1 by its letter dated 28.1.2004. According to the said letter, the respondent was permitted to voluntarily retire from the services on 31.1.2004. It is also not in dispute that as per the calculation under para(v), the sum payable to the respondent on account of the VRS was around Rs 8.6 lakhs. Since no payments were forthcoming despite the reminders dated 27.3.2004,5.4.2004 and 14.5.2004 sent by the respondent to the Appellant No. 1, he filed Writ Petition (C) 11124 of 2004 in this Court.