THE MANAGING DIRECTOR, MECOFED Vs. SHRI TIKENDER SINGH

JUDGEMENT

(1.) Preliminary and brief outline: These two matters, Writ Appeal No. 37 of 2012 and Review Petition No. 9 of 2016, involving the same set of parties and common set of basic facts, have been considered together; and are taken up for disposal by this common judgment.

(2.) The dispute herein had its genesis in a retirement package, termed as the Voluntary Retirement Scheme ['VRS'] also referred to as 'the Golden Handshake Scheme' or 'the Scheme', that was mooted by the Programme Implementation Department of the Government of Meghalaya to downsize several of the Public Sectors Undertakings/Enterprises ['PSUs'/'PSEs'], which were registering . regular losses. The Meghalaya State Co-operative Marketing and Consumers Federation Limited ['MECOFED'] had also been one such sick Public Sector Undertaking that proceeded to apply such retirement package for its employees. However, several of the grey areas in the retirement package of MECOFED, particularly on the aspects related with the amount payable to the concerned employees (the respondents herein), gave rise to several litigation's and have ultimately led to the infra-court appeal and the review petition before us. The employees claim for Leave Encasement benefit forms the subject-matter of Writ Appeal No. 37 of 2012 [arising out of WP(C) No. 320 (SH) of 2012] whereas their claim for payment of Gratuity is the subject-matter of Review Petition No. 9 of 2016 [arising out of WA No. 34 of 2013].

(3.) Briefly put, the basic common facts concerning both these matters are as follows: MECOFED is a co-operative society registered under the Meghalaya Co-operative Societies Act, as adopted and modified by the Meghalaya Adaptation of Laws Order of 197 The service conditions of the employees of MECOFED are governed by the Meghalaya State Co-operative Marketing and Consumers Federation Limited Services Classification, Appointment, Control and Appeal Rules, 1980 ['the Rules of 1980']. It is not in dispute that the State Government, having approximately 95% investment in the share capital of MECOFED, is having deep and pervasive control over this organization.