S.J.MUKHOPADHAYA, J. - (1.) This Letters Patent Appeal has been preferred by Tata Iron and Steel Company Ltd., Singhbhum (East), Jamshedpur (hereinafter to be referred to as "TISCO") against the judgment dated June 3, 2003, passed by the learned single Judge in CWJC No. 3802 of 1999 (A), where and whereunder, the writ application, filed on behalf of the appellant, has been dismissed.
(2.) Brief facts of the case are that respondent Gyanendra Sahay was appointed as Management Trainee under the appellant TISCO and placed up to the rank of Deputy Manager. In the year 1993 he was transferred to the Mines Division and again in the year, 1994 he was posted to perform his duties in the Engineering Cell. According to the appellant, the respondent submitted an application on April 1, 1995 for his premature/voluntary retirement with a request to consider his case for payment of ex parte amount, in view of his long association with the company. The application for voluntary retirement was accepted on the same day, i.e. April 1, 1995. On the other hand, according to the respondent, he was compelled to retire prematurely and was compelled to submit application for compulsory retirement due to undue and excessive pressure, exercised by the officers of the company.
(3.) From the records it transpires that after one and half month, the respondent vide his letter dated May 19, 1995 requested the Managing Director of TISCO to revoke the order, contained in Letter No. AO/6458/95 dated April 1, 1995, whereby the General Manager (Ore, Mines and Quarries) of TISCO had accepted the request of the respondent for his voluntary retirement with immediate effect. In the said letter the respondent for the first time made an allegation that on April 1, 1995 all those officers, who had not got increments for last two years i.e., January 1994 and January 1995 were forced to take retirement and he was also a victim to it.;