DAYA RAM YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for petitioners, learned Standing Counsel for the State and Mr. Shobhit Mohan Shukla for other opposite parties.

(2.) The present writ petition is filed by four petitioners for mandamus commanding the opposite parties to allow the petitioners to continue to work on their post as Centre Incharge at Carpet Division, Bhadohi and pay their salaries month to month and not to give effect to order dated 15.11.2000 whereby their applications for Voluntary Retirement Scheme (here-in-after referred to as 'VRS') have been accepted by opposite party no.

(3.) Facts of the case relevant for the purposes of deciding the present controversy are that U.P. Export Corporation Ltd. is a Corporation of State of U.P. The said Corporation feeling that it is having employees in excess to its requirement, initiated retrenchment proceedings which were rejected by orders dated 07.04.1999 and 22.04.1999. A second proceedings for retrenchment were again initiated on 24.01.2000 and permission of Sec. 25 (1) (c) of Industrial Disputes Act, 1947 was sought from the Additional Labour Commissioner. The said proceedings were heard and decided by the Additional Labour Commissioner by his order dated 10.04.2000. Before the Additional Labour Commissioner, a preliminary objection was raised by employees that since the second application has been filed within a period of one year from the decision on the earlier application, hence, the same is legally not maintainable. While hearing the matter, it was submitted by the employers that they have already floated the VRS which has not been accepted by the employees sought to be retrenched and in case VRS scheme is accepted by the employees, there would be no requirement of any retrenchment. Employees submitted that in case they are offered the benefits of Vth Pay Commission with effect from 01.01.1996 while calculating their VRS benefits, they would be willing to accept the VRS. Additional Labour Commissioner in his order specifically noted that at the time of hearing the Management representative consented that if the employees will apply for revision of their benefits under Vth Pay Commission w.e.f. 01.01.1996, the Board of Directors shall, with the consent of the State Government, accept the same. The employees also agreed, hence, the Additional Labour Commissioner directed the Management to grant VRS to the petitioners taking decision on granting benefits of Vth Pay Commission w.e.f. 01.01.1996.