BHIKHAJI SOMAJI THAKORE Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India is filed seeking direction to declare the award of the Labour Court as illegal, unjust and without application of mind. The petitioner also prays that after setting aside the order of the Labour Court, declared that the petitioner legitimately withdrew the application of voluntary retirement and therefore, to treat the petitioner in continuous service for all purposes and consequently entitled to the salary by way of back-wages with interest at the rate of 18%.

(2.) It is the case where the petitioner under the voluntary retirement scheme had offered voluntary resignation, but had subsequently withdrawn and therefore, the petition was filed against inaction of the respondents in not accepting the resignation and giving the benefit as per the voluntary retirement scheme, which is the subject matter of challenge.

(3.) Learned advocate Mr. P.H. Pathak appearing for the petitioner submitted that the petitioner had submitted an application (for short "voluntary retirement application") on 20/10/1997 under the voluntary retirement scheme, but later on realizing that the voluntary retirement scheme is not in financial benefit of the petitioner, addressed another communication (for short "withdrawal application") dtd. 11/11/1997, stating that the petitioner's voluntary retirement application be permitted to withdraw and treat the petitioner as continuing in service.