A.K.SIKRI, J. - (1.) Leave granted in the special leave petitions.
(2.) . The appellant Madhya Pradesh State Road Transport Corporation (for short, the 'Corporation') is a public sector undertaking of the State of Madhya Pradesh and undertakes the work of carrying passengers from one place to another within and outside the State of Madhya Pradesh. As the appellant Corporation was running into losses, the State Government obtained permission from the Department of Road Transport & Highways of the Ministry of Shipping, Road Transport & Highways, Government of India for winding up of the appellant Corporation. This permission was given by the Government of India on March 23, 2005 with the following directions: "The State Government shall ensure and be fully responsible for ensuring compliance of any existing/future orders passed by various court including Tribunal in any/all matters relating to MPSRTC. The State Government is also advised to safe guard the interest of employees of MPSRTC."
(3.) Considering the closure of the Corporation, the Managing Director, vide S.No. 1452 (Karmik -2)Stha -B/2005, Order No. 28, introduced a Scheme called as Voluntary Retirement from Service (for short, 'VRS') for the employees of the Corporation. The said Scheme was to come into force from July 01, 2005. The relevant clauses, for the purpose of the instant appeals, are as under: "4. Scheme: (i) All the candidates ­ employees, shall be permitted to give their option under this Scheme upto 1.8.2005 in Form (ka), along with in Form Kha. Nomination Form shall also have to be filled up. The Management shall have this right, that they may on the basis of the reasons to be given in writing, but without intimating any reason to the applicant, may accept the Voluntary Retirement from Service or reject, against which no provision of any appeal, relief shall be vested. (ii) In the following matters, on receipt of the option of Voluntary Retirement from Service, on the basis of merits, decision shall be taken for consideration: (ka) Whether against the employee concerned of the Corporation, Administrative action is either pending or is 'anudhyat'. (Kha) Where, in any criminal court, any proceeding is pending, or in any Court, is in process before hand. (ga) Employee, who in the normal course has given the resignation letter from the service of the Corporation, or has given. (gha) Employee, who against the Corporation has initiated judicial action, or is going on, and till such action is not rejected or finished by the Court. (kha) Application for option presented after dated 1.8.2005. (iii) Under the Scheme, the option once given by the employee, shall not be permissible to be changed or taken back. (iv) The Management, by accepting once, the Voluntary Retirement from Service of which employee has intimated to the employee, in this respect, then he shall not be entitled to employment on contract, or otherwise in service of the State Government, or in the Service of the Corporation, or in its attached Company, active Companies, i.e. the employee in this scheme, in the Public Service, as defined, shall not be entitled to ask for employment. xx xx xx As per clause 4(1) of the said Scheme, the option was to be given till 1.8.2005. In other words one month time was given to decide either to opt for VRS Scheme or not to opt. Clause 4(ii) of the order clearly provided that "under the Scheme, the option once given by the employee, shall not be permissible to be changed or taken back."" ;