S.B.CIVIL WRIT PETITION NO.679/95 Chand Mal vs. Central Cooperative Bank, Bhilwara Order dt: 9/9/2008 1/3 S.B.CIVIL WRIT PETITION NO.679/95 (Chand Mal vs. Central Cooperative Bank, Bhilwara) DATE OF ORDER : 9/9/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.T.Gupta, for the petitioner. Mr.Manish Shishodia, for the respondent. Heard learned counsels. By this petition, petitioner, an employee of the respondent Bank, has submitted that though he had applied for voluntary retirement under the “Golden Handshake” Voluntary Retirement Scheme floated by the respondent Bank and said voluntary retirement was accepted by the Bank vide Annex.4 dated 14/9/1992, yet the retiral benefits payable under the said scheme have not been paid to him. Earlier, some dispute was pending about the termination and reinstatement of petitioner in respondent Bank, which was decided by the learned Industrial Tribunal in favour of petitioner and accordingly he was reinstated in service in the year 1989 and payment of back wages was allowed to the extent of 50%. That litigation was, however, put to an end with the dismissal of appeal by the Division S.B.CIVIL WRIT PETITION NO.679/95 Chand Mal vs. Central Cooperative Bank, Bhilwara Order dt: 9/9/2008 2/3 Bench of this Court on February 2, 2007 namely D.B.Civil Special Appeal No.102/96 (Shri Chandmal Somani & Anr. vs. Central Co- operative Bank Ltd. & Anr.), copy of said judgment is available on record of this case. Be that as it may, event relating to voluntary retirement took place thereafter, in the year 1992 and petitioner sought voluntary retirement w.e.f. 1/7/1992 vide his application Annex.2 dated 11/5/1992 but the same appears to have been accepted by the respondent Bank w.e.f. 14/9/1992. Therefore, grievance of petitioner in the present writ petition, as it exists today, remains to the extent of payment of retiral benefits under the “Golden Handshake” Voluntary Retirement Scheme. Learned counsel for the respondent Bank submitted that in view of the dispute pending in the court of Industrial Tribunal at that time, the payment of retiral benefits in question was not made to the petitioner. However, that dispute having now been resolved, the respondent Bank would pay, the consequential benefits of voluntary retirement of petitioner w.e.f. 14/9/1992 as soon as possible. Learned counsel for the petitioner also prayed that interest for the period 1992 till the date of decision of this writ petition may also S.B.CIVIL WRIT PETITION NO.679/95 Chand Mal vs. Central Cooperative Bank, Bhilwara Order dt: 9/9/2008 3/3 be awarded. However, the said request is opposed by the learned counsel for the respondent Bank and he submits that the litigation regarding reinstatement and payment of back wages was pending in this Court and during that period, there was justifiable reason for non- payment of retiral benefits as the fate of application for voluntary retirement would have depended upon the final decision regarding reinstatement. In view of this, this Court considers it not appropriate to award interest for the said period. In view of the above, this writ petition is disposed of with directions to the respondent Bank to pay the retiral benefits due to the petitioner w.e.f. 14/9/1992 treating him as voluntarily retired from the services of the Bank. Said benefits may be computed and paid within three months from today. If same are not paid within three months from today, the same shall bear interest @ 12% p.a. thereafter. With these observations, this writ petition is disposed of. No order as to costs. (DR.VINEET KOTHARI), J. item no.11 baweja/-