KAMALA CHAKRABORTY Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) HEARD Mr. V. Shivnath, learned counsel for the petitioners and Mr. N.C. Dutta, learned counsel for the respondents.

(2.) BY this writ application, the petitioners have prayed for issuance of a writ of mandamus commanding upon the respondents to provide employment to their dependants under Special Voluntary Retirement Scheme for the female employees of M/s. Bharat Coking Coal Limited (in short, "B.C.C.L.") dated 12.4.1995.

(3.) MR . V. Shivnath, learned counsel for the petitioners submitted that the petitioners are entitled to get benefit of the scheme aforesaid and since they have completed 50 years of age and they have voluntarily retired, the same could have been accepted and the dependants could have been employed in their place. Learned counsel further submitted that the respondents are giving this benefit under the aforesaid scheme to other such employees and by denying the same to the petitioners they are violating Article 14 of the Constitution. Learned counsel further submitted that as per scheme aforesaid, the petitioners could have been allowed to retire prematurely and their wards could have been appointed. Mr. N.C. Dutta, learned counsel for the respondents, however, submitted that the scheme aforesaid is no more operative and the respondents company are not duty bound to implement the scheme aforesaid under which the voluntary retirement was conditional one.