Delhi High Court gives relief to an employee of a Fertiliser PSU who was required to pay three months’ salary in lieu of notice period.
In the present writ petition, the Petitioner (Inderjeet Singh Sidhu) had challenged a communication from Fertilizers and Chemical Travancore Limited (FCTL).
The petitioner was appointed as a COO and was asked to serve in the New Delhi office. Within a few months of his service, he was transferred to the headquarters of company situated in Kochi. The said transfer was not considered in consonance with the terms and conditions of his appointment.
The Court said,” A perusal of the given communication but for being titled ‘resignation’ does not even remotely suggest that immediately on its submission, the petitioner left or abondoned his services. In the subject communication, he did not even specify any date, when his resignation was to take effect. The tone and the tenor of the said communication by itself is indicative of the fact that his such action was not free from any external pressure but for the prevailing facts and circumstances, to tide over the crisis.”
Further it added, “the writ petition is allowed and quashing the communication no.CMD-CO-D2-008 dated 08.02.2018 by way of a Writ of Certiorari, a Writ of Mandamus is simultaneously W.P.(C) 3985/2018 issued to the respondents to release the outstanding dues of the petitioner without insisting for any three months’ notice pay in lieu of any notice period. Such outstanding dues shall be paid to the petitioner within four weeks from today, failing which, it shall carry interest @ 9% p.a. w.e.f 01.04.2017 till payment. Writ petition stands disposed off accordingly. No order as to costs.”