ALL INDIA HVOC WORKMEN FEDERAT Vs. UOI

JUDGEMENT

(1.) This appeal is directed against an order dated 26.2.2002 passed by the learned Single Judge dismissing the Writ Petition (C) 671/2001 filed by the appellant herein.

(2.) The facts leading to the filing of the present appeal are that Hindustan Vegetable Oil Corporation Limited (HVOC), respondent no.2 herein, of which the members of the appellant federation were employees, became an unviable undertaking and its case was referred to the Board for Industrial and Financial Reconstruction (BIFR), under Section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) in December, 1999. The BIFR declared HVOC as a sick industrial company in terms of Section 3(1)(o) of SICA. The employees of HVOC are members of the appellant federation, applied to the BIFR to the inclusion of parties and sought direction for revival of the respondent no.2.

(3.) On 6.11.2000, the Ministry of Consumer Affairs, Food and Public Distribution Government of India issued an order introducing a Voluntary Separation Scheme (VSS) for all employees of HVOC. Under the VSS, the employees could opt for any one of two schemes, which read as under: