OM CHAND SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) After remaining continuously absent from duties for about four years, petitioner reported back to his employer. The employer neither permitted him to join nor took any action against him. According to the petitioner, frustrated by dilly-dallying of the employer, he submitted his resignation through telegraphic message, the employer though denies receiving petitioner's resignation message. While this was going on, petitioner attained the age of superannuation. Nine months later, the employer terminated the service of the petitioner from a retrospective date that dated back four years in time. As terminal benefits payable to the petitioner the employer offered to release only the petitioner's share in the Provident Fund and accumulated interest upon it. Petitioner refused to accept the same. It is his contention that even if his termination is held to be valid, then also he is entitled to employer's contribution to the Provident Fund with interest alongwith Gratuity over and above the amount which the employer/respondents have offered.

(2.) The case set up by the petitioner is that:-

(3.) Maintainability of the writ petition: