- (1.) IN writ petition no. 3485 (SS) of 1988 the employer M\s Nawabganj Sugar Mills Company Ltd., petitioner no.1 alongwith U.P. State Sugar Corporation, petitioner no.2 and U.P. State Sugar and Cane Development Corporation, petitioner no.3 challenged the award dated 29.10.1987 delivered by Industrial Tribunal/ Labour Court, by which the opposite party nos. 4 to 33, (the seasonal employees of the sugar mill) were declared to be the permanent employees of the sugar mill.
(2.) DURING the pendency of this writ petition the petitioners of Writ Petition No. 5303 (SS) of 2000, who were 27 in numbers were taken voluntary retirement under the Voluntary Retirement Scheme but the payment due under the Voluntary Retirement Scheme was not paid to the petitioners on account of the pendency of Writ Petition No. 3485 (SS) of 1988 vide order dated 18.08.2000 passed by the General Manager, opposite party no.2. In the aforesaid writ petition a mandamus has been sought by the petitioners directing the opposite parties to provide the benefits of Voluntary Retirement Scheme to the petitioners treating them as seasonal employees without prejudicing the right which may be accrued subject to the disposal of the writ petition no. 3485 (SS) of 1988. A writ of certiorari was also sought to be issued for quashing the order dated 18.08.2000 passed by the General Manager, opposite party no.2. During the pendency of Writ Petition No. 5303 (SS) of 2000, on 15.09.2000 an interim order was passed by this Court wherein the opposite parties were directed that case of petitioners be considered in the light of the prayer made by them in the interim relief application treating the petitioners as seasonal employees of the sugar mill, in the light of the Voluntary Retirement Scheme and they may also be considered for making the payment to them.
(3.) IN pursuance of the aforesaid interim order passed by this Court in Writ Petition No.5303 of 2000 (S/S) , the benefits of Voluntary Retirement Scheme and payment thereunder were made to all the petitioners of the said writ petition and No Dues Certificates were also issued by all the petitioners regarding receipt of the payment under the Voluntary Retirement Scheme. Therefore, Writ Petition No.5303 of 2000 (S/S) now survives only subject to decision of Writ Petition No. 3485 (SS) of 1988.;