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NON-REPORTABLE  

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOs.   1967-68  OF 2014 (Arising out of SLP (C) Nos. 16165-16166 of 2012)

M.D. ORISSA S.H.W COOP. STY. LTD. .....Appellant

        Versus

SATYANARAYAN PATTNAIK & ANR.           …..Respondents       

J U D G M E N T

ANIL R. DAVE, J.

1. Leave granted.

2. Heard  the  learned  counsel  and  perused  the  impugned judgment  

dated 14th May, 2010 delivered in W.P.(C) No. 10291 of 2006 and  

order dated 24th October, 2011 in R.P.No.131 of 2010 delivered by  

the High Court of Orissa.

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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-

employer.   Before  the  final  decision  in  pursuance  of  the  said  

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  

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  

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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.

6. The respondent  shall  be  reinstated  in  service  within  two weeks  

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)

New Delhi February 11, 2014

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