P K MOHANDAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India by the erstwhile employees of the respondent no.2/Company, and which petitioners have already retired after taking the Voluntary Separation Scheme (VSS) benefits.

(2.) A similar petition claiming similar reliefs was W.P.(C) No. 705/1998 and this writ petition was dismissed by this Court on 2.7.2013.

(3.) Clearly therefore petitioners have no case not only because of the ratio of the judgment of the Supreme Court in the case of A.K. Bindal and Another Vs. Union of India and Others, 2003 5 SCC 163 which holds that employees who have taken VRS/VSS after taking VRS/VSS cannot seek monetary benefits inasmuch as on taking VSS the umbilical cord of the relationship of employer and employee snaps. Also the Supreme Court has held in the case of Indian Drugs & Pharmaceuticals Ltd. Vs. Workmen, Indian Drugs & Pharmaceuticals Ltd., 2007 1 SCC 408 that courts cannot fix the pay-scales of employees, and the relevant observations in this regard of the Supreme Court have been reproduced in para 4 of the judgment dated 2.7.2013.