Manju Saxena …Appellant Versus Union of India & Anr. …Respondent(s)

Termination of Service – claim before the Central Government Industrial Tribunal (referred to as “the CGIT”) claiming inter alia an enhanced severance package, waiver of outstanding Housing Loan, and full pension -The Ld. CGIT passed an Award dated 01.06.2009, and directed the R2­Bank to reinstate the Appellant, with full terminal benefits. – Eventhough not claimed reinstatement – Writ filed – High court allowed writ and order to refund the excess amount she withdraw under various interim orders etc., and held that she voulantrily abonden the post eventhough offerred various alternative equal posts – termination of her service as her post as confidential secretary become reduntant as the Officer with whom the Appellant was attached, left the services of the R2­Bank.- Appellant challenged the High court order – Apex court held that sec.25 F no notice is mandatory much more R2 Bank complied all necessary things under sec.25 F of I.D.Act -Once it is established that the Appellant had voluntarily abandoned her service, she could not have been in “continuous service” as defined under S. 2(oo) the I.D. Act, 1947. S. 25F of the I.D. Act, 1947 lays down the conditions that are required to be fulfilled by an employer, while terminating the services of an employee, who has been in “continuous service”

of the employer. Hence, S. 25F of the I.D. Act, would cease to apply on her.- Apex court modified the order of High court and allowed to record full statisfaction of entire claim /package in full and final settlement .