CORPORATION LIMITED Vs. CHETAN KANDPAL

JUDGEMENT

(1.) Vide the present petition under Article 226 and 227 of the Constitution of India, the petitioner/management assails the award dated 14.06.2017 passed by the Central Government Industrial Tribunal-II, Karkardooma Courts, Delhi in ID No.233/2011, whereunder the Tribunal after holding that the services of the respondent/workman had been illegally terminated, directed the petitioner to reinstate him with all consequential benefits.

(2.) Learned counsel for the petitioner, on instructions, submits that the petitioner is willing to amicably settle the matter with the respondent by paying him a lump sum compensation of Rs.5,00,000/- along with an experience certificate, which offer is not acceptable to the respondent and consequently the petition has been heard on merits.

(3.) The respondent had joined the services of the petitioner as a Relationship Manager in its Lucknow branch on 06.08.2007. On finding that the respondent s performance was not satisfactory, he was on 20.08.2008 asked to undergo training by way of a Performance Improvement Plan. Upon the closure of the petitioner s branch at Lucknow, the respondent was on 08.08.2008, transferred to Delhi. The petitioner terminated the services of the respondent on 22.05.2009 by paying him a sum of Rs 98,550/- in accordance with the terms and conditions of his appointment, which amount was duly accepted by him without any demur or protest. After a period of six months, the respondent issued a legal notice to the petitioner requesting for the withdrawal of his termination order. The said notice was replied to by the petitioner on 26.11.2009 wherein, the respondent s request was rejected.