Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Voluntary retirement Scheme(VRS) - VRS Scheme for employees of the State Road Transport Corporation - One of the conditions of the VRS Scheme |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law - Voluntary retirement Scheme(VRS) - VRS Scheme for employees of the State Road Transport Corporation - One of the conditions of the VRS Scheme that once the application form for opting VRS is submitted, it would not be open to applicant to Withdraw the same - Scheme opened on July OJ, 2005 till August OJ, 2005 - However, in October, 2006 validity of the Scheme was extended till July 3J, 2007 - Respondents-employees submitted applications for voluntary retirement within the span of original period fixed under the scheme - However; request for withdrawal made after August OJ, 2005. C(fter expiry of scheme - Request for withdrawal not entertained and applications for VRS accepted - Challenge to - Held: VRS Sche111e is contractual in nature and provisions of the Contract Act would apply - VRS Sche111e floated by employer would be treated as invitation to offer and application submitted by the e111ployees pursua/11 thereto is an offer which does not amount to resignation in praesenti and the offer can be withdrawn during the validity period - Even when there is a clause in the Sche111e that offer once given cannot be withdrawn at all, exception to this principle is that in such cases offer is to be withdrm1'11 during the validity period of the Scheme and not thereafter even when if it is not accepted during the period of the Sche111e - On facts, employees could withdraw their offer before the date on which the initial scheme expired-August OJ, 2005 and withdrawal thereafter was not permissible - There was a big gap/hiatus between August OJ, 2005 and October 12, 2006 - There was no VRS Scheme in operation fro111 August 02, 2005 to October 11, 2006. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 625 |
Petitioner | Madhya Pradesh State Road Transport Corporation |
Respondent | Manoj Kumar & Anr. |
SCR | [2016] 4 S.C.R. 225 |
Judgement Date | 2016-08-29 |
Case Number | 4437 |
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