S.J.MUKHOPADHAYA, J. - (1.) THE writ petition was preferred by the petitioners against Circular dated 25th November, 2002 and Circular dated 16th September, 2002, whereby the employees of the Fertiliser Corporation of India Ltd., Sindri (FCI for short) have been allowed to retain quarters for a maximum period of fifteen days on normal rent who opted for superannuation and allowed the same w.e.f. 31st December, 2002, as per Voluntary Separation Scheme (V.S. Scheme for short).
(2.) THE counsel for the petitioners submitted that the employees of FCI have been forced to apply for superannuation as per V.S. Scheme as the Respondents decided to close the FCI Sindri Unit. Though the employees such as petitioners have been allowed to superannuate as per V.S. Scheme, but they have not been paid retiral benefits. On the other hand, they have been asked to vacate the Quarters within fifteen days of retirement on normal rent. It is also submitted that the Respondents have issued a separate Scheme for hire purchase of Quarters situated in the Campus of FCI Sindri. The petitioners have applied for the same, but without determining it, the petitioners and others have been asked to vacate the Quarters within fifteen days. Earlier when the case was taken up, an interim order was passed with directions to the Respondents not to evict the petitioners. They were allowed to file counter affidavit.
(3.) THE counsel appearing for the Respondents submitted that the BIFR has declared the FCI Sindri Unit as Sick Industrial Company in terms of Sick Industrial Company (Special Provisions) Act, 1985. The Company is no more workable. The rehabilitation being not possible, the V.S. Scheme was introduced allowing three months to all the employees to exercise their options.;