DULARI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri W.H. Khan, learned Senior Advocate assisted by Sri J.H. Khan, learned counsel for petitioners; and, Sri Arun Kumar, learned counsel appearing for respondents-2, 3 and 4, Sri Arvind Srivastava, learned counsel for proposed respondent-6 and Sri A.N. Roy, learned counsel for Union of India.

(2.) This writ petition under Article 226 of Constitution of India has been filed by nine petitioners namely, Smt. Dulari Devi, Ram Darash, Jagan Nath, Dina Nath Sonkar, Dwigendra Kumar Singh, Mahabal Prasad, Harendra Kumar Singh, Murari and Bhawnath, all employed and working on different posts like Counter Clerk, Personal Assistant, Junior Stenographer, Senior Accounts Assistant, Technician Grade-I and Grade-II, Gang Man and Pump Operator Grade-2 in Fertilizer Corporation of India Limited (hereinafter referred to as "FCIL") Unit, Gorakhpur. They have prayed for issue of a writ of certiorari to quash Circular dated 16.09.2002 (Annexure-4 to the writ petition) circulating "Voluntary Separation Scheme" (hereinafter referred to as "VSS") due to closure of FCIL and notice dated 28.04.2003 sent by Chairman/Managing Director, FCIL addressed to Government of India, Ministry of Labour seeking permission for proposed retrenchment of above nine workmen i.e. petitioners, with effect from 30.06.2003.

(3.) Subsequently, by way of amendment, petitioners have also challenged order dated 09.07.2003 (Annexure-8 to the writ petition) issued by Deputy Director, Government of India, Ministry of Labour granting approval for retrenchment of nine workmen i.e. petitioners; Memorandum dated 11.07.2003 (Annexure-9 to the writ petition) which are nine in number issued to all petitioners, separately, giving another opportunity to them to opt for VSS by 31.07.2003 failing which they shall be retrenched; and Memorandum dated 01.08.2009 issued to all petitioners (collectively filed as Annexure-10 to the writ petition), issued by General Manager, FCIL retrenching all petitioners with effect from 01.08.2003 since they did not opt for VSS.