JUDGEMENT
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(1.) These intra-court appeals arising out of the common order
dated 03.11.2011 as passed in the connected writ petitions and
involving similar and common issues, have been considered
together; and are taken up for disposal by this common judgment.
(2.) By the impugned common order dated 03.11.2011, the
learned Single Judge of this Court has considered and allowed the
similar writ petitions wherein the petitioners sought directions against
the appellant-State Farms Corporation of India Ltd., ('the
Corporation') for giving them benefit of ex-gratia amount in terms of
Voluntary Retirement Scheme dated 10.03.2000 ('the Scheme') as
had been allowed in relation to the similarly situated employees, who
had earlier filed the writ petitions in the year 2002, which were
allowed on 04.08.2008 and ultimately, the matter was concluded with
the Hon'ble Apex Court dismissing the Petition for Special Leave to
Appeal as filed by the appellant-Corporation on 06.03.2009.
(3.) The writ petitions leading to the present intra-court appeals
were filed in or about the month of June 2009 and the basic
contention in opposition to the prayers as made in these writ
petitions was that the petitions suffered from gross delay and laches.
The learned Single Judge found untenable the contentions urged on
behalf of the appellant-Corporation about delay and laches on the
facts and in the circumstances of the case and, inter alia, said: -
.......The Scheme itself provides a continuous day to day
cause of action to all such similarly situated employees,
who took voluntary retirement under the said Scheme and,
therefore, the success of previous set of employees
against the respondent Corporation only strengthens such
a cause of action of present set of petitioners and even to
those, who have not approached the court of law.
Therefore, present writ petitions cannot be thrown out on
the ground of delay and latches and the blame lies at the
doors of respondent corporation rather than at the doors of
present petitioners and those who have not approached
the court of law. ;
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