M.A. CHANDRAN Vs. INDIAN RARE EARTHS LIMITED

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as the respondents.

(2.) It is not in dispute, the appellant herein retired from service of the respondents by opting to Voluntary Retirement Scheme (VRS) introduced in 2001. It is also not in dispute that with reference to his application Exhibit R2(c), all his claims were settled by 2001 itself. Subsequent to 2001, in the year 2007 he approached the Labour Court for a relief that his service from 1974 to 1977 was not taken into consideration for computing the service to assess the benefits under VRS. The cause was not entertained by the Labour Court on the ground that with the acceptance of VRS, the relationship between the employer and the employee came to an end. When the Labour Court rejected the claim on the ground that there was no relationship of employer and employee, he did not pursue the matter further. However, a separate writ petition, i.e., the present writ petition came to be filed, seeking the following reliefs: i. to declare that the petitioner is entitled to count the service from 13.3.1974 to 15.1.2002 as eligible service for the purpose of computing the benefits under VRS Scheme. ii. to issue a writ of mandamus or other appropriate writ or order or direction, directing the respondent to pay the balance amount due to the petitioner by way of Voluntary Retirement Scheme, after counting the service with effect from 13.3.1974 to 15.1.02 instead of 13.6.1977 to 15.1.2002 and the last pay drawn as Rs.10,747.13 as the same is legally entitled benefits to the Petitioner. iii. issue any other writ, order or direction as this Hon'ble court may deem fit in the case and; iv. issue cost of this petition.

(3.) The only question or controversy that has to be answered is whether the service rendered by the appellant to the respondent -institution from 13.03.1974 to 13.06.1977 could be considered as eligible service as contemplated under the Scheme at Exhibit P5. Exhibit P5 is the Scheme dated 26.11.2001. The terms and conditions of VRS are referred to under various clauses, which describe how, when and which service could be taken into consideration to compute the benefits.