HEM NATH Vs. U.P.STATE SUGAR CORPORATION LIMITED
LAWS(ALL)-2020-4-45
HIGH COURT OF ALLAHABAD
Decided on April 16,2020

Hem Nath Appellant
VERSUS
U.P.State Sugar Corporation Limited Respondents

JUDGEMENT

Sudhir Agarwal, J. - (1.) This writ petition under Articel 226 of Constitution of India has been filed by 14 petitioners, namely, Hem Nath, Ram Shanker Gupta, Ram Narain, Smt. Meera Devi, Ram Babu, Subedar, Raja Ram, Suresh Chandra Pandey, Natthu Singh, Ram Roop Singh, Jai Kumar Singh, Smt. Savitri Devi, Jagroop Lal and Mool Chand, with a prayer to issue a writ of certiorari and quash letter dated 07.02.2001 (Annexure-7 to the writ petition) issued by In-charge, General Manager, U.P. State Sugar Corporation Limited (hereinafter referred to as the "UPSSCL") stating that it is making all efforts to clear the dues payable to employees under Voluntary Retirement Scheme (hereinafter referred to as "VRS") and payment shall be made in due course of time except the dues which are not payable by UPSSCL. Petitioners have also sought a writ of mandamus commanding respondents to make entire payment along with interest at the rate of 18 per cent per annum.
(2.) Facts, in brief, giving rise to present writ petition are that petitioners were appointed and absorbed as Seasonal Permanent Employee in UPSSCL, Unit Hardoi. As per the terms and conditions of service, petitioners were entitled to get salary in the full pay scale during running period of sugar factory while during the period of shut down they were entitled for half salary. On 01.10.2000 respondent-1 introduced scheme of VRS and circulated cyclostyle form to the employees to exercise their option. All the petitioners submitted applications opting VRS. However, respondents did not pay salary for crushing season 1981-82 and Retaining Period Allowance from February 1999 to 20.11.2000 as also the Provident Fund amount accrued to petitioners. Details of dues of petitioners are given in para-5 of writ petition as under: JUDGEMENT_45_LAWS(ALL)4_2020_1.html
(3.) Respondents issued computation letters as per office memorandum dated 23.09.2000 circulating VRS and terminating petitioners w.e.f. 08.12.2000. Total amount due to petitioners was shown as under: JUDGEMENT_45_LAWS(ALL)4_2020_2.html;


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