HARISH RAMANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal is filed by the original petitioners in Special Civil Application No.19648 of 2015 aggrieved by the oral order of the learned Single Judge dated 07.01.2016, to the extent of direction issued to refund the entire amount received by them under Voluntary Retirement Scheme introduced by respondent no.4 -company.

(2.) Respondent no.4 - a company registered under the Companies Act, is engaged in the business of manufacture of soda ash. On 13.04.2015, respondent no.4 - company and the office bearers of GHCL Employees' Union entered into a settlement in presence of the Assistant Commissioner of Labour, Junagadh. Clauses 'B', 'C' and 'D' of the said settlement pertain to rationalization of manpower, surplus man power and reduction of excess manpower. As per clauses in the settlement, issue of manpower will be dealt with by evolving a rational criterion which will be agreeable by respondent no.4 and the recognized employees' union. Respondent no.4 - company, in terms of the settlement, have identified certain workmen as surplus and introduced voluntary retirement scheme. The petitioners have accepted the terms and conditions of the scheme and also received monetary benefits in terms of the scheme.

(3.) After accepting the monetary benefits as per the voluntary retirement scheme introduced by respondent no.4 -company, on 21.05.2015, some of the employees filed a complaint before the Labour Commissioner against declaration of surplus manpower made by respondent no.4. In response to the said complaint, Commissioner of Labour addressed letter dated 21.05.2015 to respondent no.4, to see that industrial peace is not jeopardized.