KUMAR R Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. With the Consent of learned counsel for the parties the matter is taken up for final disposal.

(2.) The petitioners are officers and employees working in different capacities at different centres of Hindustan Vegitable Oils Corporation Limited respondent no. 2. The performance of respondent no.2 apparently started suffering from 1991 onwards and in 1996 the case of respondent no.2 was referred to Disinvestment Commission. The Disinvestment Commission submitted its report and the case of respondent no.2 corporation was also referred to Roard For Industrial And Financial Reconstruction (for Short the BIFR) under section 15(1) of the Sick Industrial Companies( Special Provisions) Act, .1985 (for short the said SICA) in December, 1999. The BIFR declared respondent no.2 corporation as a sick industrial company in terms of the provisions of Section 3(1)(o) of the said Act. The petitioner and other officers of the respondent no.2 corporation also moved the BIFR to be impleaded as party and sought directions for revival of respondent no.2. Certain directions were passed by the BIFR.

(3.) The petitioner is Aggrieved by the order dated 6.11.2000 issued by the Government of India introducing a Voluntary Separation Scheme(VSS) for the employees of respondent no.2. The scheme was kept open for a period of 3 months and it was envisaged in the said order that the employees who failed to apply under the scheme would be eligible only for retrenchment under the provisions of the Industrial Disputes Act, 1947. A representation was made by the petitioners for keeping in abeyance the said scheme till the BIFR considers the issue or in the alternative pay wages/compensation in terms of the directions of the Supreme Court relating to the Subzi Mandi unit of respondent no.2.