HINDUSTAN COPPER LTD Vs. BANSHI LAL

JUDGEMENT

(1.) The appellant is a Government of India undertaking. It had various copper mines and factories situate in different parts of the country. One of its mines was situate in the district of Alwar in the State of Rajasthan known as 'dariba Copper Project'. It is stated that the mines situated in other states are lying closed except one mine being Malij Khan situate in the State of madhya Pradesh. Having regard to the fact that the said Dariba Mine was to be closed, a notice of closure had been issued. The appellant company, however, had also floated a voluntary retirement scheme in the year 1993. Options were called for from the employees of the said Dariba Mine project as to whether they would like to be transferred to the mines operating in other states or opt for the voluntary retirement scheme. Out of 241 employees working in the said Dariba Mine, 112 opted for voluntary retirement under the scheme. 10 of them, however, later on withdrew their offers. They were not allowed to do so by the appellant herein on the premise that as the options had been exercised in printed proforma which contained a clause that such option once exercised could not be withdrawn; their offers stood accepted.

(2.) Having regard to the aforementioned stand of the appellant, a writ petition was filed by them which was dismissed by a learned single Judge. An intra-court appeal, however, was filed only by six persons out of the ten writ petitioners. The other four persons, thus, accepted the judgment of the learned single Judge.

(3.) By reason of the impugned judgment, a Division bench of the Rajasthan High Court opined that the stand of the appellant company was not correct, as the concerned employees had withdrawn their offers before the same were accepted. Allowing the appeal filed by the respondents herein, it was directed :"consequently, the appeal is allowed. The judgment of the learned single Judge is set aside. It is directed that the appellants shall be treated to have continued in service of the respondent company. They shall be reinstated with back wages. "