UNION OF INDIA Vs. CHHOTA

JUDGEMENT

(1.) THE petitioner challenges the order dated 3.12.85 of Presiding Officer Central Government Industrial Tribunal cum -Labour Court, Jabalpur (hereinafter referred to as the C.G.LT.) passed in Case No.CGIT/LC (C)(529)/1980 whereby the petitioners have been directed to pay to respondent No.1 pension, bonus, and graduity as per rules prevelent at the relevant time with interest @ 9% per annum from the date of order till payment.

(2.) RESPONDENT No.1 was in the employment of petitioner as key -man at Ratlam. He was appointed in the year 1947. He had completed more than 29 years of service. It is alleged that he resigned from service vide letter Annexures 'A' and 'B' and the same was accepted w.e.f. 13.1.1977. He (respondent No.1) however, claimed that he had sought voluntary retirement from service and, therefore, he is entitled for the pensionary benefits including graduity. Respondent filed various applications to the department. However, the same was not acceeded to. He, therefore, filed an application before the Tribunal who vide order referred above has directed for payment of pension and other benefits to respondent No. 1.

(3.) THE contention of the respondent is that firstly, he has not resigned from service rather he sought voluntrary retirement; alternatively his resignation was not accepted by a competent authority and, therefore, he will be deemed to have continued in service till the date of superannuation.