VidhiSangh

Supreme Court of India · 03/12/2018

MANJU SAXENA versus UNION OF INDIA & ANR.

[2018] 14 S.C.R. 993 · 2018 INSC 1141

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Summary

The Supreme Court upheld termination following redundancy where the employee declined four alternative positions carrying the same pay and sought enhanced severance rather than reinstatement. Her conduct supported voluntary abandonment. The Bank had paid notice compensation and service-based compensation; absence of governmental notice did not invalidate the action under the authority applied. The Court modified the result by treating the Rs.1,07,73,736 already received as final settlement of all claims.

Issues

  1. Whether refusal of equivalent alternative jobs supported termination and an inference of abandonment.
  2. Whether the compensation and notice requirements defeated the termination.
  3. What treatment should apply to the amounts already received.

Provisions considered

Held

Result

Civil appeals dismissed without costs, subject to modification treating amounts already received as final settlement of all claims. All applications disposed of.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 993.