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august 2000

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.

Manjushree Pathak vs The Assam Industrial Development ... · Niyam