MANAGEMENT OF ORIENTAL HOTELS LTD Vs. R NAGARAJAN

JUDGEMENT

(1.) Challenge in this second appeal is made to the judgment and decree dated 16.10.2003, passed in A.S.No.66/2003, on the file of the 7th Additional Judge, City Civil Court, Chennai, confirming the judgment and decree dated 28.08.2002, passed in O.S. No.6607/2000, on the file of the 7th Assistant Judge, City Civil Court, Chennai.

(2.) The second appeal has been admitted on the following substantial questions of law.

(3.) Considering the short point that arises for consideration in this second appeal, it is unnecessary to deal with the case of the parties at length. Suffice to state that the plaintiff, who had been under the employment of the defendant, opted to go on voluntary retirement as per the scheme floated by the defendant. He having satisfied the conditions with reference to the same and as according to the plaintiff, he had satisfied all the criteria for the voluntary retirement as per the scheme and as no disciplinary proceedings as such was pending against the plaintiff, the defendant should have permitted the plaintiff to go on voluntary retirement and instead, inasmuch as the defendant had, without assigning any reasons, rejected the application submitted by the plaintiff seeking for voluntary retirement and inasmuch as the defendant has failed to accept the entitlement of the plaintiff to go on voluntary retirement as pointed out in the legal notice sent and on the other hand, repudiated the claim of the plaintiff by sending a reply, it is the case of the plaintiff that he has been necessitated to lay the suit for appropriate reliefs.