SHRI KANT ARYA Vs. NEW VICTORIA MILLS KANPUR

JUDGEMENT

(1.) THE petitioner was initially appointed in the year 1985 as Supervisor Maintenance on probation in Atherton Mills of the National Textile Corporation. Thereafter vide order dated 27.7.1991 he was transferred to New Victoria Mills of the National Textile Corporation at Kanpur. He joined at New Victoria Mills, Kanpur on 29.7.1991. In the year 2001 some dispute arose with regard to his provident fund account. According to the petitioner, his employer (respondents) had wrongly got an account opened in the name of Shri Kant Misra instead of the petitioner's actual name which was Shri Kant Arya. The provident fund amount of the petitioner was thus deposited in a wrong name.

(2.) HOWEVER , before the said dispute could be resolved, the Respondent-Mill came up with a Modified Voluntary Retirement Scheme. By his offer dated 12.7.2002 the petitioner opted for voluntary retirement under the said scheme but subject to the condition that his entire dues (which included the provident fund dues) may be paid along with his said resignation letter. No formal order accepting the offer of the petitioner had been passed by the respondents. In the meantime, on 3.3.2003, the petitioner wrote to the Respondent-Mill that since his provident fund account had not been regularized and the amounts had not been deposited by the employer in his account, and further that after acceptance of his resignation, the realization of the said amount would become impossible, the petitioner wrote that his conditional offer under the Modified Voluntary Retirement Scheme may remain in abeyance. A further request was made by the same letter that his provident fund account may be regularized within 30 days. The respondents again did not thereafter send any reply/communication to the petitioner. However, vide letter/order dated 28/31.5.2003 passed by Respondent no.1 M/s New Victoria Mills, the cut off date for the acceptance of the resignation/offer of the petitioner and three other employees under the Modified voluntary Retirement Scheme was given as 1.6.2003. Then on 2.6.2003 the Respondent no.1 informed that due to certain unavoidable circumstances the cut off date fixed as 1.6.2003 had been cancelled and a new cut off date would be informed. All along, the petitioner was permitted to continue to work. Before the new cut off date could be announced, on 1.7.2003 the petitioner wrote to the Respondent-Mill that his offer for resignation under the Modified Voluntary Retirement Scheme may be treated as cancelled. It is not disputed that till such date the condition laid down by the petitioner in his offer dated 12.7.2002 and

(3.) I have heard Sri P.K. Tripathi, learned counsel for the petitioner and Sri J.N. Tiwari, learned Senior counsel assisted by Sri Gopal Misra, learned counsel appearing on behalf of the respondents and have perused the record. Counter and rejoinder affidavits have been exchanged between the parties and with their consent this writ petition is being disposed of at the admission stage itself.