R VAIDYANATHAN Vs. MMTC LTD

JUDGEMENT

(1.) Petitioner has filed the writ petition for issuing certiorarified mandamus to quash the order dated 29.5.2000 and directing the first respondent to grant benefits such as ex-gratia benefit and medical benefit by taking into account the services of the petitioner rendered under the second respondent, Engineers India Limited.

(2.) The petitioner, who is a qualified engineer, after working for about 3 years under the Tamil Nadu Electricity Board, joined Engineers India Limited, the second respondent, in December 1979. In December, 1985, there was some correspondence between the first respondent, MMTC and the second respondent, Engineers India Limited, whereunder the first respondent had requested the second respondent to send several persons including the petitioner for an interview for the post of Joint Divisional Manager under MMTC. Thereafter the petitioner was selected and being relieved by the second respondent on 26.2.1986. The petitioner joined under MMTC on 27.2.1986. Subsequently, the amount payable towards gratuity and leave benefits for the services rendered by the petitioner under the second respondent were calculated and adjusting certain amounts towards due from the petitioner, balance amount of Rs.9069/- was paid to the petitioner by the second respondent, which was accepted by him without any demur. However, the amount lying in the provident fund account had been transferred to the first respondent, MMTC.

(3.) While the matter stood thus, in 1993, MMTC introduced a Voluntary Retirement Scheme. Benefits under the scheme were described in paragraph 5. In the present case, the question relating to payment of ex-gratia payment being relevant, relevant clause as contained in 5.1 is extracted hereunder : 5.1. Am employee whose application for voluntary retirement is accepted shall be entitled to the following benefits:- (i) Ex-gratia payment equivalent to 1 months emoluments (Pay + DA/Pay + DA+FDA as applicable) for each completed year of service of the monthly emoluments at the time of retirement, multiplied by the balance number of months of service left before normal date of retirement, whichever is less. NOTE: Past service rendered in other PSUs would be counted for payment of exgratia under this Scheme provided that transfer of service took place with the consent of both the PSUs, continuity of service is established and CPF etc. has been transferred to MMTC.