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2012 (12) TMI 31 - CALCUTTA HIGH COURTChallenging the Award - retirement on superannuation towards compensation along with all due retirement benefits - Held that:- The majority judgement had accepted the principle that a person who takes a benefit under an order de hors the claim on merits cannot repudiate that part of the order which is detrimental to him because the order is to take effect in its entirety. In the present case the conduct of the petitioner is very significant. The company has responded to his letter and made the payment which the petitioner had accepted in full and final settlement of his dues. From his conduct it cannot also be inferred that he ever considered the Award not to be binding on him. On the contrary his conduct was such which made the company alter its position to its detriment as he had accepted the amount in full and final satisfaction of the sum awarded. This is a case in which the equitable principle of estoppel precludes the writ petitioner from challenging the Award. The petitioner in the writ petition has prayed for a writ of Mandamus upon the respondents numbers 2 to 4 to pay to the petitioner full compensation in lieu of 50 per cent of the wages with full retirement benefit is not maintainable as the employer, could not be said to be a ‘State’ within the meaning of Article 12 of the Constitution of India for the purpose of challenging an order of termination of service of its employees. The petitioner has also prayed for setting aside of the Award after taking the benefit of it is not allowed as he can never now ask for an order setting aside of the Award which has been satisfied by the payment received by him. Thus it will be inequitable to admit the writ petition challenging the Award the benefit of which has already been taken by the petitioner in full and final satisfaction of the dues.
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