GOVERNMENT OF INDIA REP BY ITS SECRETARY, DEPARTMENT OF HEAVY INDUSTRIES Vs. HINDUSTAN PHOTO FILM WORKERS WELFARE CENTRE

JUDGEMENT

(1.) The writ petitions in W.P.Nos.24460, 24355 and 25491 of 2013 have been filed by the respondents herein challenging the action of the appellant, whereby the amounts paid in the form of allowances, are sought to be adjusted against the terminal benefits payable to employees under a Voluntary Retirement Scheme formulated by the Hindustan Photo Films Manufacturing Co. Ltd. ( HPF in short).

(2.) It is the assertion of the respondents that the adjustment of allowances is contrary to the terms of the settlements, arrived at between them with the management of HPF, from time to time, and, therefore, no adjustment can be made, as is sought to be attempted by the HPF, by taking recourse to the Circulars, dated 10.07.2013 and 31.7.2013.

(3.) The petitioners before the writ Court / respondents herein, were workers union representing various workmen of HPF. The workers union, which has filed W.P.No.24355 of 2013 represents 70 workmen, while the workmen union, which has filed W.P.No.25491 of 2013, represents 547 workmen; likewise the workers union, which has filed W.P.No.24460 of 2013, represents 138 workmen. Therefore, in all, approximately, 755 workmen represented before this Court, via their respective Unions.