- (1.) Leave granted.
(2.) The relationship of employer and workman between the appellant and the respondent - company was brought to end in terms of a voluntary retirement scheme (in short "VRS") introduced by the management of the company in September, 2011. The appellant, however, alleged that he was made to take voluntary retirement under duress and, in reality, his removal from service was illegal and unjustified. On those allegations he raised an industrial dispute. The appropriate Government referred the dispute for adjudication before the Labour Court, Gurgaon, vide order dated December 4, 2006. The reference is in the following terms: "Whether the termination of service of Shri Man Singh on the basis of VRS Scheme by the Management was justified and correct, if not, to what relief is he entitled -
(3.) The respondent - company challenged the competence and validity of the reference in a Writ Petition (CWP No.3358/2009) before the Punjab and Haryana High Court. On behalf of the respondent - company, it was contended that having accepted the full monetary benefits under the VRS, it was no longer open to the appellant to question or challenge his termination of service and, in any case, any adjudication on the dispute raised by the appellant should not be allowed to proceed while he retained all the monetary benefits collected by him under the scheme.;