M. Katju, J. - (1.) This writ petition has been filed praying for writ of mandamus directing the respondents to give the benefit of pay revision in accordance with the circular letter dated 30.5.1997 and the relevant agreement with the workers of Triveni Structurals Limited, Naini (which is a public sector undertaking) from 1.2.1992.
(2.) The petitioner claims to be a registered society for the welfare of voluntarily retired employees of Triveni Structurals Ltd., Naini, Allahabad. In para 2 of the petition, it is stated that a large number of employees have taken voluntary retirement from the company, which is alleged to be an instrumentality of the State. In para 11 of the petition, it is stated that with the object to streamline the public sectors, the Government of India took a decision to introduce a Voluntary Retirement Scheme in Triveni Structurals Ltd., Naini and other public sector undertakings throughout the country known as Voluntary Retirement Scheme. 1990. By the circular dated 7.10.1991 an amendment was made to the Scheme vide Annexure-2 to the writ petition. In para 13 it is stated that the Government of India looking to the National Consumer index has been from time to time effecting revisions in the pay scales and other benefits to be given to the employees of the Company and the employees of other public sector undertakings. By a circular dated 5.1.1996 issued by the company it was clarified that benefit of pay revision will also be given to the persons accepting the retirement scheme. In para 17 it is stated that a large number of officers and workers being attracted by the aforesaid Scheme opted for the same and accepted their voluntary retirement from different dates from 1990 upto December, 1997. A circular dated 3.5.1997 Annexure-4 to the writ petition was issued in this connection and the petitioners are claiming the benefit of the aforesaid circular. Many employees made a representation to the company for giving the benefit of the circular and arrears of salary but to no avail, hence this writ petition.
(3.) Counter-affidavit and supplementary counter-affidavit have been filed. In para 24 of the main counter-affidavit, it is stated that the respondent company is still running at huge losses and has not been able to generate resources to pay the arrears of pay revision. In para 4 of the supplementary counter-affidavit, it is stated that the total accumulated loss of the company in 1998 is approximately Rs. 93 crores. Hence it is alleged that the company is not in a position to give the benefit in accordance with the circular.;