SUPREME COURT OF INDIA

Before:- V.N. Khare and N. Santosh Hegde, JJ.

I.A. 1 in Civil Appeal No. 2315 of 1995. D/d. 16.3.2000

Joginder Singh Arneja - Appellant

Versus

National Co-op. Consumers Federation of India and others - Respondents

Constitution of India, Article 136 - Termination - Full and Final settlement - Interlocutory application for clarification of an order - Writ petition filed by appellant against his termination of service dismissed by High Court - On appeal, Apex Court in view of special facts and circumstances directed respondent to pay Rs. 3,50,000/- in full and final settlement of all his claims against respondent - In pursuance of the order respondent paid Rs 3,50,000/- to appellant - However, appellant interpreted the order as if order of termination is set aside and he is reinstated in service - With this view in mind appellant took proceedings for recovery of Provident Fund, Gratuity and other retiral benefits - On date of hearing settlement arrived at by appellant and respondent as result of which respondent shall pay a further Rs. 36000/- to appellant - Appellant shall withdraw all proceedings relating to Provident Fund, Gratuity etc. - Interlocutory application stands disposed in aforesaid terms.

[Paras 2, 3, 4 and 5]

ORDER

V.N. Khare, J. - This in interlocutory application for clarification of an order and judgment passed by this Court on 9th January, 1995 in Civil Appeal No. 2315/95.

2. Against the termination of service, the Appellant filed a Writ Petition in the High Court of Delhi, which was dismissed. The Appellant thereafter preferred the present appeal. When the matter camp up for hearing, this Court was of the opinion that in view of special facts and circumstances, the Appellant may be paid a lump sum amount of Rs. 3,50,000/-. Relevant portion of the order is extracted below :

"We direct the Federation to pay a sum of Rs. 3,50,000/- to the Appellant in full and final settlement of all his claims against the Federation. Mr. Singh states that the amount shall be paid to the Appellant within six months from today. In case the amount is not paid within the period of six months it shall carry an interest of 12% per annum thereafter.

We make it clear that this order shall not be a precedent for any other case as we have passed the same keeping in view the special facts and circumstances of this case. The amount of Rs. 3,50,000/- shall be spread over the period of service for the purposes of payment of income tax. We also make it clear that in addition to the sum of Rs. 3,50,000/- the Appellant shall be entitled to any other dues which are admissible to him under the Rules of the Federation."

3. In pursuance of the said order, a sum of Rs. 3,50,000/- was paid to the Appellant by the respondent. However, the Appellant interpreted the order as if the order of termination has been set aside and he has been reinstated in service. With this view in mind the Appellant took proceeding for recovery of Provident Fund, Gratuity and other retiral benefits. It is in this context, the Respondent has filed this application for clarification that since order of termination of service remained untouched, the Appellant is not entitled to any benefit as claimed by him.

4. When the matter came up today, there has been a settlement between the Appellant and the Respondent as a result of which the respondent shall further pay a sum of Rs. 36,000/- to the Appellant within one month from today. the Appellant shall withdraw all proceedings relating to provident fund, gratuity and other retiral benefits. The Appellant hereinafter shall not claim or entitle to aforesaid benefits.

5. The interlocutory application stands disposed of in the aforesaid terms. This order was passed in the presence and concurrence of the Appellant, who was identified by his Counsel.

Order accordingly.