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MANU/SC/0268/2024

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 5187 of 2023

Decided On: 02.04.2024

Appellants: Bharti Airtel Limited Vs. Respondent: A.S. Raghavendra

Hon'ble Judges/Coram:
Hima Kohli and Ahsanuddin Amanullah

JUDGMENT

Ahsanuddin Amanullah, J.

1. Heard learned Counsel for the Appellant and the Respondent-in-person.

2. The present appeal arises out of the final judgment and order dated 31.03.2022 (hereinafter referred to as the "impugned judgment"), passed by a learned Division Bench of the High Court of Karnataka at Bengaluru (hereinafter referred to as the "High Court") in Writ Appeal No. 4067 of 2019 (L-TER) arising from Writ Petition No. 13842 of 2018 (L-TER) by which the High Court dismissed the appeal filed by the Appellant (hereinafter also referred to as the "Company"), which was occasioned on account of the learned Single Judge partly allowing the Respondent's writ petition.

THE FACTUAL COMPASS:

3. The Respondent, upon being interviewed by the Appellant's concerned officials was appointed as the Regional Business Head (South) - Government Enterprise Services on 22.06.2009, in the grade of Senior Manager (B2)-Sales. The same carried an annual benefits package of Rs. 22,00,000/- (Rupees Twenty-Two lakhs) with fixed pay of Rs. 13,20,000/- (Rupees Thirteen Lakhs Twenty Thousand) and variable pay under the Sales Incentive Plan (hereinafter referred to as "SIP") of Rs. 8,80,000/- (Rupees Eight Lakhs and Eighty Thousand). The Respondent worked as Team Leader and Regional Business Head (South) - Government Enterprise Services, heading a team comprising four Account Managers (Sales), one each for the States of Karnataka, Tamil Nadu, Andhra Pradesh and Kerala, respectively. The said Managers were working under the supervision and control of the Respondent and were in the B1 and B2 salary levels. On 24.03.2011, the Respondent made an initial resignation request on the internal system, which was accepted by the Appellant on 09.05.2011. In terms thereof, the Respondent was paid Rs. 5,92,538/- (Rupees Five Lakhs Ninety-Two Thousand Five Hundred and Thirty-Eight) by the Appellant in full and final settlement of all his claims.

4. After about 19 months, the Respondent filed a petition before the Deputy Labour Commissioner, Region-2, Bengaluru, alleging his resignation to be a for........