S.J. Mukhopadhaya, A.C.J.

1. This Letters Patent Appeal has been preferred by M/s Tata Iron and Steel Company Ltd., Singhbhum (East), Jamshedpur (hereinafter to be referred to as "M/s. TISCO") against the judgment dated 3rd June, 2003, passed by the learned Single Judge in CWJC No. 3802 of 1999-R; whereby and where under, the writ application, filed on behalf of the appellant, has been dismissed.

2. Brief facts of the case are that respondent Gyanendra Sahay was appointed as Management Trainee under the appellant M/s TISCO and placed up to the rank of Deputy Manager. In the year, 1993 he was transferred in the Mines Division and again in the year, 1994 he was posted to perform his duties in the Engineering Cell.

According to the appellant, the respondent submitted an application on 1st April, 1995 for his premature/voluntary retirement with a request to consider his case for payment of ex-gratia amount, in view of his long association with the Company. The application for voluntary retirement was accepted on the same day i.e. 1st April, 1995.

On the other hand, according to the respondent, he was compelled to retire prematurely and was compelled to submit application for compulsor