M.D.ORISSA S.H.W.COOP.STY.LTD. vs. SATYANARAYAN PATTNAIK

NON-REPORTABLE IN THE SUPREME COURT OF INDIA

M.D. ORISSA S.H.W COOP. STY. LTD. .....Appellant Versus SATYANARAYAN PATTNAIK & ANR. …..Respondents J U D G M E N T JUDGMENT ANIL R. DAVE, J. 1. Leave granted. 2. Heard the learned counsel and perused the impugned judgment th dated 14 May, 2010 delivered in W.P.(C) No. 10291 of 2006 and th order dated 24 October, 2011 in R.P.No.131 of 2010 delivered by the High Court of Orissa. Page 1 3. The respondent was an employee, who had submitted his application for voluntary retirement under the Voluntary Retirement Scheme dated 9.6.2006 floated by the appellant-

application was communicated by the appellant-employer to the respondent-employee, the respondent-employee had made a request for withdrawal of the said application and ultimately the appellant-employer had not accepted the application for withdrawal submitted by the respondent-employee and the respondent- employee was made to retire. 4. In view of the fact that his application for voluntary retirement was accepted though the respondent-employee wanted to withdraw the same, the respondent-employee had filed a petition before the JUDGMENT High Court, which was allowed and the High Court, by virtue of the impugned judgment, directed that the respondent-employee should be taken in service within two months with full back wages. Even the review petition filed by the appellant had been rejected by the High Court. 5. Keeping the question of law open, looking at the peculiar facts of the case, we feel that the appeal deserves to be allowed to a limited 2 Page 2 extent by directing the appellant-employer to pay only 20% of the back wages from the date when the respondent ceased to discharge his duties till the date he is reinstated in service.

from today. 7. In view of the above order, the appeals stand disposed of as partly allowed with no order as to costs. ……………………….J. (ANIL R. DAVE) ……………………….J. (DIPAK MISRA) JUDGMENT New Delhi February 11, 2014 3 Page 3