- (1.) Writ petitioner was a Gynecologist working in Kulti Hospital of Indian Iron and Steel Company Ltd. The company was running at a loss for considerable time. The matter was referred to Board for Industrial and Financial Reconstruction (hereinafter referred to as "BIFR"). BIFR proposed closure of Kulti Unit so that the other units could be revived by sale of the assets lying in Kulti Unit and applying the said resources for revival of the other units. The Central Government gave financial assistance to the company for implementing Voluntary Retirement Scheme (hereinafter referred to as "VRS") of all the workers of Kulti Unit. Accordingly, the scheme was propounded with the 100% finding by the Central Government to hive off entire work force at Kulti Unit. The VRS scheme was propounded inviting application from the staff of Kulti Unit for VRS. The entire work force applied for VRS within the extended time being March 31, 2003 stipulated in the office circular.
(2.) On March 31, 2003 an office order was issued which provided as follows:- "VR applications of the employees working in Essential services, viz. electrical, water supply, pump house, medical, security, sewerage and town services are under finaliation. In the meantime they should continue to work till further instraction. Name of the personnel and finance department employees will be intimated directly to the concerned department who are required for the essential work. This issues with the approval of the competent authority." On the same day another circular was issued to following effect:- "VRS applications submitted by the employees upto 31th March, 2003 have been accepted and they stand released w.e.f. 31.3.2003 (AN) subject to rigilance and other legal clearance and unless otherwise decided. The employees may please submit "no demand certificate" and complete all the......fortheirfinal settlement. This issues with the approval of the competent authority." On April 11, 2003 a memo was issued to the petitioner to the following effect:- "We wish to inform you that your application for VR has not been considered by the Competent Authority as yet as the medical executives are considered essential and accordingly there service amount be dispensed with by the company at present. The Circular No. WK/PER/1333 dated 31.03.2003 as referred to in your application under reference is applicable only in case of employees who are in the non-essential company. This has been further clarified vide Circular No. WK/PER/1334 of even date whereby it has been categorically informed that employees working in the Medical Department should continue to work till further instruction. In view of the above, it is reiterated that your request for VR from the services of the Company has not been acceded to by the Competent Authority. This has the approval of the Competent Authority."
(3.) The order dated April 11, 2003 was impugned in this writ petition, the contents of the said memo were never disputed until the time of hearing of the writ petition before me. On the last day of hearing Mr. Gupta appearing for the company produced a xerox copy of the said memo which did not have the words "as yet". Mr. Dutta appearing for the petitioner strongly opposed the prayer for such production as accounting to him pursuant to the direction of this Court he personally took inspection of the original documents earlier which did not have any such memo as produced by Mr. Gupta. Moreover, the authenticity of the memo annexed by the writ petitioner was never disputed by the company earlier Mr. Gupta lastly contended that he would not be pressing for inclusion of the said subsequent copy as on a plain reading of two copies it would give an identical meaning.;