Supreme Court of India · 2000-08-31
Manjushree Pathak vs The Assam Industrial Development ...
- Citation / case number
- AIR 2000 SUPREME COURT 2769
- Court
- Supreme Court of India
- Petitioner
- Manjushree Pathak
- Respondent
- The Assam Industrial Development ...
- Author
- Shivaraj V. Patil
- Bench
- S. Rajendra Babu, Shivaraj V. Patil
Judgment text excerpt
The Supreme Court ruled that the appellant's application for voluntary retirement under the 'AIDC Voluntary Retirement Scheme, 1992' was deemed accepted due to the respondent-Corporation's inaction, thereby establishing that an employee's right to voluntary retirement is enforceable when the employer fails to respond timely. The Court emphasized that the Managing Director's show cause notice regarding alleged misconduct was irrelevant to the acceptance of the retirement application. Consequently, the Court held that the appellant was entitled to her retirement benefits and her service contract was effectively terminated as of the date of her application.