- (1.) The present Letters Patent Appeal has been filed against the order dated 19.12.2007 passed by the learned single Judge allowing CWP No. 13212 of 2005.
(2.) Broadly, the facts are that Tilak Raj-respondent No. 1 was serving as a Weaving Technician with the appellant-Society. For his acts of omission and commission, disciplinary action was initiated against him and punishment was imposed. The appeal filed by him was dismissed. During the pendency of the revision petition filed by him, the appellant-Society came out with a Voluntary Retirement Scheme for its employees which was circulated vide letter dated 10.3.2003 (Annexure P-1). Respondent No. 1 applied for voluntary retirement on 26.8.2004 (Annexure P-2) and his request was accepted, vide order dated 23.3.2005 (Annexure P-3) and he was ordered to be retired from service w.e.f. 31.3.2005.
(3.) The appellant-Society, however, passed a subsequent order dated 31.3.2005 (Annexure P-4) modifying the earlier order dated 23.3.3005 (Annexure P-3) to the effect that respondent No. 1 was permitted to voluntarily retire under the scheme subject to the decision of the pending inquiries against him. This was ostensibly done because of the pendency of the arbitration proceedings under Sections 55/56 of the Punjab Cooperative Societies Act, 1961 for recovery of Rs. 15,62,068.62 lacs. The said order dated 31.3.2005 (Annexure P-4) was challenged by respondent No. 1 by filing CWP No. 13212 of 2005, which was allowed by the learned single Judge vide impugned order dated 19.12.2007.;