NATIONAL BICYCLE KARAMCHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE with the consent of the parties the matter is taken up for final disposal.

(2.) THIS is a writ petition filed by the petitioners wherein following two prayers have been made: "A. That this Hon'ble Court may be pleased to strike down the Memo No.2(50)/86 -DPC(W.C.) dated 19th July 1995 issued by the Department of Public Enterprises, Ministry of Industry, Govt. of India. B. That this Hon'ble Court may be pleased to direct the Respondents to revise the pay scales of the employees of Respondent No.2 in line with the revision of pay scales and perks granted to the employees in the other Govt. Companies, with effect from 1.1.92 and grant the next revision of pay scales and perks w.e.f. 1.1.97."

(3.) THE respondent nos.1 and 3 had filed their counter affidavit and challenged the prayer made by the petitioners. The main ground on which the prayer of the petitioners has been challenged is that the respondent company is sick and it was directed to be wound up by the BIFR which order was upheld by the AAIFR also. Further it is stated that the organization was suffering losses continuously starting from the year 1996 -1997. Instructions were issued by the Bureau of Public Enterprises that in sick public enterprises which are registered with BIFR, no pay revision etc. should be allowed to the employees and if possible VRS/VSS scheme should be floated for golden hand shake of the employees. Pursuant to this OM of the Government of India, VRS scheme was floated on the basis of which the members of the petitioner's union had taken voluntary retirement in the year 2000. This petition was filed for the aforesaid two prayers in the year 2000 while as during the pendency, the voluntary retirement was obtained by the members of the petitioner Union and thus there being cessation of relationship of employee and employer the members of the petitioner Union are not entitled to any revision.