LAWS(KER)-2007-8-99

PRADEEP K. P Vs. VIDESH SANCHAR NIGAM LTD

Decided On August 03, 2007
Pradeep K. P Appellant
V/S
VIDESH SANCHAR NIGAM LTD Respondents

JUDGEMENT

(1.) The petitioner entered the service of the first respondent Videsh Sanchar Nigam Limited, hereinafter referred to as the "VSNL" as Junior Officer (HR) on 6-11-1998. He resigned from the service of the VSNL on 17-5-2002 since he was selected for appointment in another institution. Since he could not wait to give notice of his intention to leave the service of VSNL, he had to make payment in lieu of notice. Ext. P1 offer of appointment, issued to the petitioner by VSNL, enumerated the different benefits which included "productivity linked incentive paid annually based on Company Performance" at SI. No. 9 among Other Benefits for Non-Executives, hereinafter referred to as "PLI".

(2.) After resignation, the petitioner claimed that he was entitled to PLI for the financial year 2001-2002, ie. during a period while he was in service. That request was rejected by the VSNL. Petitioner requested for a copy of the rules of bonus which governed. VSNL replied that those rules are for internal circulation only. Petitioner was informed that he is not entitled to the benefit of PLI as claimed, since 30th June of the succeeding financial year is a qualification for earning PLI for the prior financial year.

(3.) On the aforesaid premise, this writ petition is filed seeking a direction to pay PLI and to produce rules and regulations in respect of PLI and further, to quash the prescription in those rules and regulations that continuance of VSNL service as on the 30th June of the succeeding financial year is necessary to earn PLI.