SANGITA VARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE. Heard forthwith.

(2.) PETITIONER in Writ Petition No.6541 of 2005 was the original applicant in Original Application No.637 of 2003 which was disposed of on 25th April, 2005. The petitioner in Writ Petition No.7671 of 2006 was the original Respondent No.1 in the Original Application. By consent of the parties both the petitions are taken up and heard forthwith. Pleadings will be considered from both the petitions as also documents as there are some documents which are not common.

(3.) THE employee had joined the services of the employer on 9th January, 1986. She was initially posted at Nasik and subsequently came to be transferred at Nanded. The employee by her letter dated 15th December, 1999 addressed to the Telephone District Manager submitted letter of resignation on the ground that she was receiving threats from anti social elements and was unable to attend duties. The said resignation was accepted and the name of the petitioner was ordered to be struck off with effect from 31st December, 1999. It is case of the employee that on 29th December, 1999 she had sent a letter withdrawing her resignation and it was received on the same day. The employee was informed by the employer that the letter dated 29th December, 1999 was received on 3rd January, 2000 and it was not possible to accept the employee's letter of withdrawal of resignation. The employee thereafter submitted an application for final payment on the ground that she has resigned, on 6th February, 2001. It was set out therein that it was in conjunction with the earlier letter dated 15th November, 2000. On 27th December, 2000 the employee through her lawyer addressed a notice to the employer pointing out that though she had resigned she had not been paid her gratuity, GPF, Group Insurance, Bonus and other benefits. In this letter it was mentioned that the employee had been in correspondence with the employer on 28th July, 2000 and 15th November, 2000. On behalf of the employee interest was claimed at the rate of 18% per annum on all the amounts which are due. It is only by another legal notice through her next Lawyer, dated 27th November, 2002 that the employer was informed that the resignation was not made voluntarily, but due to tensions and as the employee realised that under pressure of some anti social elements she has lost her job which was the only source of livelihood and consequently had addressed the letter dated 29th December, 1999 withdrawing her resignation. It was pointed out that acceptance of the resignation by the employer was illegal and without authority of law. As no relief was granted to the employee she filed the Original Application which was dismissed on the ground of delay and laches. That order was challenged before this Honourable Court in Writ Petition No.3561 of 2004. By order dated 22nd June, 2004 the petition was allowed and the matter was remanded to the Tribunal with the direction to dispose of the matter on merits in accordance with law. After hearing the parties the impugned order came to be passed.