TIKENDRA SINGH AND OTHERS Vs. MANAGING DIRECTOR, MECOFED AND OTHERS

JUDGEMENT

(1.) HEARD Mr. N. Khan, learned Counsel appearing for the petitioners and also Mr. N.D. Chullai, learned counsel assisted by Mr. R.B. Gurung, learned counsel appearing for respondent Nos. 3, 4, 5 and 6 and also Dr. O.D.V. Ladia, learned counsel appearing for respondent No. 1. The core question called for consideration in the present writ petition is as to whether "The Payment of Gratuity Act 1972" applies to the Society called "The Meghalaya State Co -operative Marketing & Consumer Federation Ltd., Shillong" or not? For deciding this core question in the present writ petition, it is not required to mention the facts in detail leading to the filing of the present writ petition. Only the fact sufficient for deciding the present writ petition is recapitulated.

(2.) THE Aims and Objectives of the Meghalaya State Co -operative Marketing & Consumer Federation Ltd., Shillong (for short MECOFED) are clearly mentioned in the Bye -laws of the MECOFED. It would be profitable to reproduce the relevant portions of the Aims and Objectives which read as follows: - -

(3.) THE petitioners, 95 in numbers were employees of the MECOFED. It is stated that because of the heavy financial losses incurred by the MECOFED and other PSUs/PSEs, the Govt. of Meghalaya prepared the scheme, "Voluntary Retirement Scheme/Golden Handshake Scheme" for the employees of the said PSUs. The relevant portion of the said scheme Golden Handshake Scheme is quoted hereunder: