BLUE STAR LIMITED Vs. BLUE STAR WORKERS UNION

JUDGEMENT

(1.) HEARD both the learned Counsel, Shri Cama for the petitioner and Shri Deshmukh for the first respondent-Union.

(2.) THE petition seeks to challenge the interim order dated 23rd July, 1993 passed by the Industrial Court, Bombay, below Exhibit U-2 in Complaint (U. L. P.) No. 702 of 1993. Under the impugned interim order, the petitioner company has been restrained from retiring the concerned employee Krishna Hedulkar. The company has been further directed to permit Krishna Hedulkar to report on duty and to pay him regularly his wages. The complaint has been expedited, to be decided within a period of 6 months. A few facts may be stated as under.

(3.) KRISHNA Hedulkar has been employed with the petitioner company since 1st August, 1968. He has so far put in 25 years of service and his age is only 48 years. He is fit to work. The age of superannuation is 60 years. There is no domestic inquiry pending against him, much less is he facing any threat of dismissal. Hedulkar who is employed as an ordinary helper is stated to be educated upto 9th standard only and has a wife and three sons dependent upon him. His salary works out to Rs. 4,000/- per month approximately and the carry home salary is approx Rs. 3500/- p. m. On the 17th May, 1993 when he reported for duty, he is alleged to have met Shri Krishnamurthy, the Assistant Manager of the Company, who is alleged to have communicated the Early Voluntary Retirement Scheme to him. A writing has been obtained from Hedulkar between 9. 00 and 9. 45 a. m. on 17th May, 1993, which is in English. The writing opens with the statement that Hedulkar has understood the Early Voluntary Retirement Scheme communicated to him. It is admitted before me that no prior notice was given of the said Scheme, in the sense that it was not put up on the Notice Board nor communicated to the Union. The writing then shows that Hedulkar agreed to voluntarily retire and to accept Rs. 2, 50, 000/ -. As stated earlier, he has as many as 12 years of service to go and his salary was approximately Rs. 4,000/- per month. Below the English writing, he has scribbled in Marathi that he was explained the contents in Marathi and has understood the same. In the afternoon of 17th May, 1993 itself Hedulkar was called to the Managers Office where he was paid the amount of Rs. 2, 50. 000/ by cheque plus Rs. 2075/- representing his salary for 17 days of the month of May, 1993 and Rs. 5/- towards the refund of Income-Tax which was wrongly deducted.