CAVENDISH INDUSTRIES LTD. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned appearing counsel(s) for the parties.

(2.) It is contended by learned counsel for the petitioner that the respondent nos.3 to 7 were the employees of the petitioner-Company. Some time, in the year 2015-2016, due to some financial inviability, the Company introduced Voluntary Retirement Scheme (VRS) /Voluntary Separation Scheme (VSS). The respondent nos.3 to 7 accepted the said Scheme and, accordingly, in the year 2016, they were paid their entire dues together with their outstanding dues towards ex gratia and Gratuity for the balance months of service left. In order to substantiate his arguments, a bank cheque favouring one of the respondents, namely, Om Prakash (respondent no.5 herein) is also annexed with the writ petition. Now, the respondents have raised the industrial dispute which has been referred to the Industrial Tribunal/Labour Court, Uttarakhand, Haldwani (Nainital) vide the impugned reference order dtd. 14/8/2023, mentioned in the petitioner-Company Summoning Order dtd. 17/8/2023. The points of reference, so made by the private respondents, read as under: -

(3.) It is further contended by learned counsel appearing for the petitioner-Company that acceptance of Voluntary Retirement Scheme (VRS)/Voluntary Separation Scheme (VSS) by the private respondents will not fall within the definition of 'retrenchment'. In order to substantiate his arguments, emphasis has been laid to the definition of 'retrenchment' as given in Sec. 2(s) of the Act of 1947, which reads as under: -