M.R.SHAH,J. - (1.) Feeling aggrieved and dissatisfied with the impugned final judgment and order dated 19.02.2020 passed by the High Court for the State of Telangana, at Hyderabad in Writ Appeal Nos.427 of 2016 and 431 of 2016 by which the Division Bench of the High Court has allowed the said Appeals preferred by the respondent Nos.1 and 2 herein - National Textile Corporation Limited (hereinafter referred to as "NTC") and the Kakatiya Urban Development Authority, Warangal (hereinafter referred to as "KUDA") and has quashed and set aside the judgment and order passed by the learned Single Judge in Writ Petition No.26642 of 2007, the original writ petitioner - Modified Voluntary Retirement Scheme of 2002 of Azam Jahi Mill Workers Association (hereinafter referred to as "Workers Association") has preferred the present Appeals.
(2.) The facts leading to the present Appeals in nut-shell are as under: 2.1 That, all the members of the original writ petitioner - Workers Association were working in Azam Jahi Mills owned and run by the NTC. All the workers worked in the said Mill for more than 20 years. The said Mill was closed in the year 2002. That, about 452 employees worked in the Mill for more than 20 years. It appears that during the period of service, all the workers / employees working in the Mill were allotted Employees ' Quarters constructed and owned by the Mill. That, all the employees including the members of the Workers Association and other employees of the Mill took voluntary retirement pursuant to a Modified Voluntary Scheme of 2002. At this stage it is to be noted that a large number of employees voluntarily retired on one day i.e. 31.08.2002. That, all the employees including the members of the Workers Association were asked vide Notification dated 17.07.1986 to vacate the quarters which were in the respective occupations of the respective members / employees. In the said notice it was stated that the quarters in which the employees were staying were in dilapidated condition and became unfit for human habitation. Approximately 318 employees including the members of the Workers Association were forcefully evicted from the quarters. Thereafter, the management of the Mill demolished all the quarters vacated / evicted by 318 employees. However, some of the employees who were about 134 in number, continued to stay in their respective quarters despite service of the notice dated 17.07.1986 asking them to vacate the quarters. In the meantime, the Mill submitted an application dated 30.05.2002 for closure of the Mill. On the said application, proceedings were initiated by the Ministry of Labour in which the management and representatives of the Union participated. During the hearing, a request was also made on behalf of the representatives of the Union to allot quarters to the concerned workmen at reasonable rates. On the aforesaid, it was submitted on behalf of the management that the issue / request to allot the quarters is under consideration by the management. Vide Notification dated 11.09.2002, the Government of India, Ministry of Labour granted permission to close the Mill. That, thereafter, the NTC sold away the machinery and infrastructure of the Mill and allotted Acres 117.20 Gunthas out of 215 Acres to KUDA on 01.03.2007. A portion of the land owned by the Mill was sold to Housing Board, KUDA and other institutions. 2.2 That, after allotment, 11 Acres of the land owned by the NTC / Mill remained. It appears that thereafter KUDA submitted proposal to the State to allot house sites of 200 Sq. Yards each to 134 employees of the Mill, who continued to stay in their respective quarters despite service of notice dated 17.07.1986 demanding them to vacate the quarters. The State Government vide G.O. No.463 dated 27.06.2007, accepted the proposal of the KUDA to allot 200 Sq. Yards developed plot free of cost to each of 134 ex-employees of the erstwhile Mill, as a rehabilitation and welfare measure. That, thereafter, 318 retired workers who also took voluntary retirement along with other 134 workers made representation/s to allot to them also 200 Sq. Yards plot as allotted to other 134 workers out of the remaining land admeasuring Acres 10.24 Gunthas. The Revenue Divisional Officer, Warangal directed the Tehsildar, Warangal to inquire about the land to an extent of Acres 10.24 Gunthas situated at Laxmipura and Khila, Warangal. VRO of Laxmipura, Warangal submitted the report to the Tehsildar submitting that the land to extent of Acres 5 situated at Laxmipura village and the land to an extent of Acres 5.24 Gunthas situated at village Khila, Warangal total admeasuring Acres 10.24 Gunthas is in vacant possession and therefore, the said land is able to allocate house plots to members of Workers Association, who have been 318 employees, have not been allotted the house plots. Thereafter, nothing further was done to allot 200 Sq. Yards of developed plots each free of cost to the remaining 318 ex-employees / workers of the Mill who also took voluntary retirement along with other 134 workers who were allotted 200 Sq. Yards of developed plots each free of cost and therefore, the Workers Association filed the Writ Petition before the High Court being Writ Petition No.26642 of 2007. That, by a detailed and reasoned judgment and order the learned Single Judge allowed the said writ petition and directed the respondents to allot house sites of 200 Sq. Yards each to all the eligible 318 members of the Workers Association by observing that they are at par with other 134 ex-employees of the Mill, who were already allotted house sits of an extent of 200 Sq. Yards each as per the G.O. No.463 dated 26.07.2007. 2.3 Feeling aggrieved and dissatisfied with the judgment and order passed by the learned Single Judge, both, the NTC as well as the KUDA filed Writ Appeals before the Division Bench and by the impugned common judgment and order the Division Bench of the High Court has allowed the said Writ Appeals and has quashed and set aside the judgment and order passed by the learned Single Judge. Hence, the present Appeals.
(3.) Ms. Nitya Ramakrishnan, learned Senior Advocate has appeared on behalf of the appellant, Mr. V. Giri, learned Senior Advocate has appeared on behalf of the KUDA and Ms. Aishwarya Bhati, learned ASG has appeared on behalf of the NTC and the Union of India.;