LAWS(BOM)-2007-10-175

RUKSHANA ELSA Vs. UNION OF INDIA

Decided On October 08, 2007
RUKSHANA ELSA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner submitted a letter of resignation on 20-3-2006 which was to come into effect on 1-4-2006. The petitioner was relieved w. e. f. 1-4-2006. The petitioners dues were settled and a cheque in the sum of Rs. 7,05,092 were paid in full and final settlement of all her claims.

(2.) IT appears, thereafter the company introduced a scheme whereby employees, if they resigned from the company were given a package of severance. After this was paid to the other employees, petitioner by a letter dated 23-6-2006 informed the respondent no. 3 in the following terms: "had I known that the Base was about to shut down just two months after my resignation, I would have differed my decision. You can imagine my feeling of betrayal with a company that had recognized my worth and appreciated my performance, was denying/depriving me of a severance package that was being offered to my colleagues. " in this letter, there was no averment that the earlier letter was taken under duress, coercion or threat nor after letter of resignation and acceptance and receiving benefits did the petitioner address any letter before 23-6-2006 that the resignation was under coercion, threat, fraud or like. It is only some time on 18-8-2006 when the petitioner for the first time contended that she was threatened and coercioned in submitting resignation letter dated 20-4-2006 which was far from voluntary.

(3.) THE matter was taken up into conciliation and the conciliation submitted failure report. The Appropriate Government by a communication dated 13-2-2007 rejected the reference. The petitioner has come against said order.