Arun Kumar Mitra, J. - (1.) Asansol Iron & Steel Workers' Union represented by its Vice-President has moved this writ petition challenging an order dated March 10, 2003 under Ref. No. EL/OD/6/444 issued by Assistant Manager (Personnel), O.D. Through the said circular the Assistant Manager directed inter alia to the extent that all those employees who do not opt for voluntary retirement within 31st March, 2003 would be eligible only for retrenchment compensation as per the Government of India O.M. No. 2(32)/97- DPE (W.C.) dated 5th May, 2000. The petitioner has challenged this memo taking it as termination of employment of those workers who do not opt for VRS. BACKGROUND
(2.) In the year 1870 Mr. James Erskine founded Bengal Iron Works. In 1880-81 Bengal Iron Works carried on operation in the name of Barakar Iron Works. In 1889 Barakar Iron Works was acquired by Bengal Iron and Steel Company Ltd. In 1892 Managing Agency passed into the hands of M/s. Martin & Co. and in 1926 name of the company was changed into Bengal Iron Company Ltd. In 1936 Bengal Iron Company Ltd. merged with Indian Iron and Steel Company Ltd. In 1972 Management of Indian Iron and Steel Company Ltd. was taken over by Government of India on 14/07/ 1972.
(3.) On 30/04/1978 the company became subsidiary of Steel Authority of India Ltd. In 1994 the company became sick within the meaning of Sick Industrial Companies (Special Provisions) Act, 1985 and it was referred to Board for Industrial and Financial Reconstruction (BIFR). The company was registered as Case No.505/94 by the said Board. On 5th May, 2000 Voluntary Retirement Scheme was introduced in the company. On 01/01/ 2003 respondent authorities issued a circular by which they directed the workers of the company to submit their application for VRS to their respective heads of department for further processing. In this circular last date for submission of application for filing such VRS was stated to be 31/01/ 2003. Thereafter, on 31/03/2003 respondent authorities issued another memo informing that VR applications submitted by different workers are under finalization. On 02/04/2003 the Secretary of the petitioner informed the respondent authorities about the meeting of the Prime Minister and requested him to maintain status quo as on 31/03/2003 to avoid further complications. However, the subject-matter of challenge is the said order dated March 10, 2003 being Annexure 'P6' to the writ petition.;