Delhi High Court
Sh. Ram Dass vs Bses Yamuna Power Ltd. & Anr. on 22 August, 2013
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 7638/2005
% 22nd August , 2013
SH. RAM DASS ......Petitioner
Through: Mr. N.S.Dalal and Mr. H.L.Verma,
Advocates.
VERSUS
BSES YAMUNA POWER LTD. & ANR. ...... Respondents
Through: Mr. S.N.Choudhari, Mr. Anjan Sinha
and Ms. Shruti Choudhri, Advocates.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. In this writ petition, petitioner seeks promotion in terms of office
order dated 19.7.2003 of the employer. Petitioner also seeks his time bound
promotion in terms of the Resolution 216 dated 16.7.1997 and office order
dated 23.7.1997.
2. Petitioner admittedly took voluntary retirement under a VRS Scheme.
Petitioner on taking voluntary retirement which was effective from
30.12.2003, received all his dues from the employer. When the dues were
received by the petitoner on taking voluntary retirement, petitioner did not
WPC 7638/2005 Page 1 of 3
reserve any rights for taking any further dues. Petitioner therefore took all
his dues in full and final settlement of his being an employee of the
respondent no.1-employer.
3. Once an employee seeks and gets voluntary retirement, the jural
relationship of employer and employee ceases and the employee forgoes all
his claims and rights for any past dues. This is so held by the Supreme
Court in the case of A.K.Bindal Vs. Union of India (2003) 5 SCC 163 and
para 34 of which reads as under:-
"34. This shows that a considerable amount is to be paid to an
employee ex-gratia besides the terminal benefits in case he opts
for voluntary retirement under the Scheme and his option is
accepted. The amount is paid not for doing any work or
rendering any service. It is paid in lieu of the employee himself
leaving the services of the company or the industrial
establishment and foregoing all his claims or rights in the same.
It is a package deal of give and take. That is why in business
world it is known as 'Golden Handshake'. The main purpose of
paying this amount is to bring about a compete cessation of the
jural relationship between the employer and the employee. After
the amount is paid and the employee ceases to be under the
employment of the company or the undertaking, he leaves with
all his rights and there is no question of his again agitating for
any kind of his past rights, with his erstwhile employer including
making any claim with regard to enhancement of pay scale for
an earlier period. If the employee is still permitted to raise a
grievance regarding enhancement of pay scale from a
retrospective date, even after he has opted for Voluntary
WPC 7638/2005 Page 2 of 3
Retirement Scheme and has accepted the amount paid to him,
the whole purpose of introducing the Scheme would be totally
frustrated." (underlining added)
4. Petitioner is therefore estopped from filing this present petition and
claiming the reliefs which are claimed.
5. I have had an occasion to consider this aspect of estoppel against
employees who have received benefits under a VRS scheme in various
judgments and one such judgment is in the case of Shri P.P.Vaidya & Ors.
Vs. IFCI Ltd. and Ors. in WP(C) 1319/2011 decided on 18.7.2013 wherein
I have held that no reliefs for past dues or salary enhancements can be given
to employees who have unconditionally taken VRS benefits.
6. In view of the admitted fact that the petitioner had unconditionally
taken voluntary retirement, and accepted all his dues payable under the
Voluntary Retirement Scheme, the petitioner is therefore estopped from
filing the present petition.
7. The petition is therefore dismissed, leaving the parties to bear their
own costs.
AUGUST 22, 2013 VALMIKI J. MEHTA, J.
ib
