BURROUGHS WELLCOME LTD Vs. JAGANNATH NAMDEO PATEL

JUDGEMENT

(1.) The short point raised in this petition is, whether the employees who have availed the benefits under the Voluntary Retirement scheme (VRS) by expressly declaring that they shall have no claim or any benefit that may arise out of any dispute pending now or that may be raised in future at any forum, can insist on continuing with the pending complaint filed by them under the MRTU and PULP Act, 1971 In the present case, the application made by the company for dismissal of pending complaint filed by the respondent nos. 1 to 3 who have availed the benefits under the VRS has been dismissed by the Industrial Court on the ground that the matter is controversial and needs to be decided on merit. Challenging the aforesaid decision of the Industrial Court, the present petition is filed.

(2.) The respondent Nos. 1 to 3 were the workmen employed by the petitioner company at their factory at Mulund (W) , Mumbai. On 17th June, 2003, the petitioner company had floated a voluntarily retirement scheme, 2003 for its workers. Clause 7 (e) of the said scheme reads as under :- 7 (e) The payment made under the Scheme to workman (or his nominee in case of death) shall be in full and final settlement of and in complete satisfaction of all claims of the said workman and no further amounts will be claimed by such workman (or his nominee) against the Company, once payment has been received under the scheme. "

(3.) The respondent Nos. 1 to 3 by their letters dated 20-6-2003, 23-6-2003 and 23-6-2003 respectively, opted for voluntary retirement. Relevant portion of the respective letter reads as under :- "i confirm that I cease to have any claim against the Company with effect from the date of voluntary retirement. I shall have no claim on any benefit that may arise out of any dispute pending now or that may be raised in future at any forum. I accept that I shall have no claim or right for re-employment in the Company or any other Company or concern under this management. "