JAGDLSH CHANDRA NIGAM Vs. SCOOTERS INDIA LTD

JUDGEMENT

(1.) S. C. Verma, J. By the present peti tion under Article 226 of the Constitution the petitioner has prayed for quashing the order dated 30-11-1993 passed by the Manager (Personel and Administration), Scooters India Limited, Lucknow, by which the Management has accepted the voluntary retirement of the petitioner under Volun tary Retirement Scheme with effect from 31-12-1993.

(2.) THE Scooters India Limited is a Public Sector Undertaking entirely owned, controlled and managed by the Govern ment of India. On account of staggering losses the Scooters India Limited was declared a sick unit under the Sick In dustrial Companies (Special Provisions) Act, 1985 and proceedings were initiated for its rehabilitation and restructuring. THE Board of Industrial and Financial reconstruction advised the Company to reduce its strength of staff and in this con nection an office Memorandum dated 5-10-1988 was issued by Public Enterprises, Min istry of Industry, Government of India for formulation of Voluntary Retirement Scheme.

(3.) BY a supplementary affidavit, the petitioner has brought on record an order dated 16-2-1994 passed by the respondents under which the petitioner was relieved from service with effect from 22-2-1994.