JUDGMENT :

By Court Heard learned counsel for the parties.

The present writ petition has been filed against the order dated 04.05.2011 passed by the Presiding Officer, Industrial Tribunal, Ranchi under Section 28 (7) of the Bihar Shops and Establishment Act, 1953 in B.S.E. Appeal No. 2/2008 and the original order dated 17.11.2008 passed by the Presiding Officer, Labour Court, Ranchi in B. S. Case No.1/2006 under Section 28(1) of the Bihar Shops and Establishment Act, 1953. By these impugned orders, benefit claimed by the petitioner has been denied.

2. Brief facts of the case are that the petitioner was employee of the respondent-company from 24.03.1980 to 31.10.1990 and thereafter he has resigned for personal reason. Subsequently, he has been re-employed on 01.06.1993 on temporary basis and subsequently he has been confirmed on 01.12.1993 on the post of Divisional Manager. In 2002 at his request, he has been transferred from Guwahati to Ranchi. Petitioner has been noticed by the employer vide letter dated 09.07.2002 for his poor performance. He has submitted a letter dated 12.04.2004 under the Voluntarily Retirement Scheme for separation from service w.e.f. 30.04.2004. Separation has taken place on 30.04.2004. Vide letter dated 07.05.2004 it has been informed to the petitioner that his separation is as per the separation package arrived at on the basis of oral discussion between the parties.

Content of the letter dated 07.05.2004 is quoted hereinunder:

“Mr. A C Verma

Ranchi

May 7, 2004

As per the mutual discussion between yourself and the Management, the Management acknowledges your separation from the services of the company with effect from 30th April, 2004. The Management also would like to inform you that the separation package as decided during your discussion is accepted. Hence your name has been deleted from the company’s roll from the above-mentioned date. The Management would also like to thank you for your long association with the Company and also for the services rendered by you. We are hereby advising the Accounts Department to kindly arrange for your full and final settlement of your dues along with the separation package at the earliest.

For BERGET PAINTS INDIA LIMITED

Sd/

(S BHATTACHARYA)

SR GENERAL MANAGER

CORPORATE H.R. & PERSONNEL”

Thereafter vide letter dated 24.08.2004, the petitioner has demanded benefit under the Voluntary Retirement Scheme. The said letter has been replied vide letter dated 16.09.2004 stating therein that the benefit accruable to the petitioner has already been accounted in the bank account of the petitioner on 05.05.2004.

Legal notice has been given on behalf of the petitioner dated 23.12.2004 demanding benefit under the Voluntary Retirement Scheme. Vide letter dated 16.08.2005, petitioner has regretted for issuing the legal notice but reiterated his demand for the benefit under Voluntary Retirement Scheme. Last demand letter is dated 23.08.2005. Thereafter petition has been moved under Section 28 (1) of the Bihar Shops and Establishment Act, 1953 on 03.01.2006 claiming benefit under the Voluntary Retirement Scheme. The said application has been registered as B.S Case No.1/2006. The Labour Court on the basis of pleadings of the parties has formulated three issues which are as follows:

“(I) Whether the petition filed by the petitioner is maintainable ?

(II) Whether the petition is barred by law of limitation and law of estoppel ?

(III) Whether the petitioner is entitled to get relief u/s. 28 of B.S.E. Act read with rule 22 of J.S.E. Rules 2001?”

All the issues have been answered against the petitioner-workman. It has been held that the present application is barred by law of limitation as well as on the principle of estoppel. Further, findings have been recorded that since issue nos. I and II have been decided against the petitioner and as such the issue no. III has not been discussed in detail.

Being aggrieved, an appeal has been preferred being B.S.E. Appeal No.2/2008 under Section 28(7) of the Bihar S