M PUNYAMURTHY AND Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in the' above writ petitions are all employees of the 2nd respondent-Bharath Gold Mines Limited, for short, referred to herein as "B. G. M. L.". These writ petitions were filed as common petitions as their grievance and the facts- leading to the writ petitions were also common.

(2.) However, at the conclusion of the arguments, the learned counsel appearing for the petitioners stated that Writ Petition No. 3257 of '1977 of Shri Radhakrishna stood on a different footing and the facts in respect of his case were somewhat peculiar and distinct from the other writ petitions. He, therefore, sought permission of this Court to withdraw that petition to agitate his grievance separately, if so advised. Accordingly, Writ Petition 3257 of 1977 is dismissed as withdrawn.

(3.) The facts that may be necessary for disposal of these writ petitions may be stated briefly as follows: The Petitioners in Writ Petitions Nos. 3236 to 3256 were all employees of the Kolar Gold Fields Mining Undertaking. The Government of India was running the 1st respondent herein as a Departmental Undertaking the said Undertaking. It is unnecessary to go into the earlier history of this Undertaking. In or about April 1972 the 2nd respondent B.G.M.L. was incorporated and the Undertaking of the 1st respondent was transferred to the newly incorporated body. In that process the former employees along with the petitioners were all required to be absorbed in the service of the B.G.M.L. In that behalf the 1st, respondent addressed a letter to the Chairman of the B.G.M.L setting out the terms and conditions under which the employees of the 1st respondent may be permitted to exercise their option to join the service of the B.G.M.L. In para 5 of the said letter of 7th March, 1972 the Chairman of the 2nd respondent B.G.M.L. was directed: to give to each officer concerned, under due acknowledgment, a copy of that letter along with copies of Forms I and 11 with a letter addressed to him by the Chairman of B.G.M.L. calling upon him to exercise the option.