PUNJAB NATIONAL BANK versus VIRENDER KUMAR GOEL AND ORS.

PUNJAB NATIONAL BANK versus VIRENDER KUMAR GOEL AND ORS.

Withdrawal and utilisation of benefits under the Voluntary Retirement Scheme constitute acceptance of the Scheme. Employees who have not withdrawn or utilised the unilaterally deposited benefits, after withdrawal of their VRS application, have not accepted the Scheme. Such employees are entitled to reinstatement with continuity in service, back wages, and all consequential benefits, subject to refund of the deposited amount with interest.

Parties
Petitioner/appellant: Punjab National Bank; Respondent: Virender Kumar Goel; Applicant: Balbir Singh Chadha; Applicant: Narinder Singh; Applicant: Mohinder Pal Singh; Applicant: State Bank of Patiala
Jurisdiction
India
Judgment Date
21 January 2004
Procedural Posture
Review Petition (c) No. 53 of 2003 Arising Out of Civil Appeal No. 896 of 2002 / Clarification/modification and Review of Supreme Court Judgment Dated 17.12.2002
Outcome
Petitions disposed of; Review Petition No. 53 of 2003 allowed; I.A. Nos. 1, 2, and 3 of 2003 allowed; I.A. Nos. 1-22 of 2003 allowed; I.A. Nos. 14 and 15 of 2003 dismissed.
Legal Topics
Voluntary Retirement Scheme, Employment Contract, Withdrawal of Retirement Benefits
Service Law Voluntary Retirement Scheme Employment Contract Withdrawal of Retirement Benefits

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Parties

Punjab National Bank

Petitioner/appellant

Virender Kumar Goel

Respondent

Balbir Singh Chadha

Applicant

Narinder Singh

Applicant

Mohinder Pal Singh

Applicant

State Bank of Patiala

Applicant

Procedural Posture

Review Petition (c) No. 53 of 2003 Arising Out of Civil Appeal No. 896 of 2002 / Clarification/modification and Review of Supreme Court Judgment Dated 17.12.2002

Legal Issues

  1. 1 Whether withdrawal and utilisation of benefits under Voluntary Retirement Scheme constitutes acceptance of the Scheme
  2. 2 Clarification of Supreme Court directions regarding acceptance of VRS benefits
  3. 3 Eligibility of reinstatement with continuity in service and back wages after unilateral deposit by the bank

Ratio Decidendi

Withdrawal and utilisation of benefits under the Voluntary Retirement Scheme constitute acceptance of the Scheme. Employees who have not withdrawn or utilised the unilaterally deposited benefits, after withdrawal of their VRS application, have not accepted the Scheme. Such employees are entitled to reinstatement with continuity in service, back wages, and all consequential benefits, subject to refund of the deposited amount with interest.

Court Disposition

Petitions disposed of; Review Petition No. 53 of 2003 allowed; I.A. Nos. 1, 2, and 3 of 2003 allowed; I.A. Nos. 1-22 of 2003 allowed; I.A. Nos. 14 and 15 of 2003 dismissed.

Orders

  • Review Petition No. 53 of 2003 allowed; appeal arising out of Uttaranchal High Court judgment is dismissed and High Court judgment upheld.
  • Applicants in I.A. Nos. 1, 2, and 3 reinstated with continuity in service, back wages, and all consequential benefits, subject to refunding the amount deposited in their bank accounts with interest.