INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED Vs. S GOVINDAIAH

JUDGEMENT

(1.) These two writ appeals are filed by Indian Railway Construction Company Limited and others against the orders of the learned Single Judge. This common order shall dispose of both the writ appeals. The parties shall be referred to by their status in the writ petitions.

(2.) W.P.NO. 9107 of 1999 was filed by twoworkmen praying this Court to declare the proceedings dt. 15-1-1999 issued by the third respondent as arbitrary and illegal. A consequential direction was also sought directing the respondents 1 to 3 to continue the petitioners in service or in the alternative to appoint them before appointing any other candidates. The petitioner in W.P.No. 12567 of 2000 prayed for a declaration that the action of the respondents in not extending the benefit of Voluntary Resignation Scheme (VRS) as violative of Article 14 of the Constitution of India and for a consequential direction to the respondents to settle the claim of the petitioner as per VRS Scheme as agreed to by the respondents in W.A. No. 1951 of 1998 and batch. A learned Single Judge by the impugned judgment dated 23-8-2000 in W.P.No. 9107 of 1999 directed the respondents to give the benefit of VRS as was granted to other workmen of the respondents. The learned Single Judge followed the said judgment and granted similar relief to the petitioner in W.P. No. 12567 of 2000 by order dt. 9-10-2000. Aggrieved by these orders, the above two separate writ appeals have been filed.

(3.) The facts are not in dispute and in briefthey are as follows. The first respondent employed a large number of workmen in National Thermal Power Corporation Limited (NTPC) complex during 1980 to 1983. The activities of the said company were closed on account of completion of the work at NTPC in the year 1988. A large number of workmen, 177 of them to be precise, filed a writ petition being W.P. No. 17580 of 1988 praying for appropriate directions for regularisation of their services. The writ petition was opposed by the respondents inter alia on the ground that as the workmen were engaged on casual basis, they have no right of regularisation and that they were engaged in connection with the project awarded to them by NTPC which work was completed rendering it impossibility for the company to regularise the services as prayed for. During the pendency of the writ petition, the first respondent company by Circular dated 24-11-1995 introduced liberalised VRS. The same was extended upto 10-10-1998 and 105 persons out of 177 writ petitioners were allowed to opt for VRS and only 54 persons remained. Therefore, this Court by order dt. 23-10-1998 in W.P. No. 17580 of 1988 directed the respondent Company to extend the benefit of VRS to all those 54 persons who give their options before 15-11-1998 and pay the amounts as per the said Scheme. Feeling aggrieved by the same, the workmen preferred appeals being W.A. No. 1951 of 1998 etc. Ultimately the writ appeal was disposed of by a Division Bench of this Court in terms of Memorandum of Understanding (MOU). The MOU reads as under. Consequent on the directions of the Hon'ble learned Single Bench of A.P. High Court that the petitioners in W.P.No. 17580 of 1988 may opt for Liberalised Voluntary Resignation Scheme on completion and closure of Ramagundam Project the petitioners filed an appeal before the Hon'ble Division Bench. The learned Counsel for the petitioners expressed their willingness before the Hon'ble Court for a mutual settlement in the matter on consideration of payment of lumpsum amount on VRS towards ex gratia payment inclusive of all statutory payments viz., CPF, Gratuity, leave encashment etc. Accordingly, as per the said directions, both the learned Counsel of the petitioners and the respondents, in consultation with their clients, have agreed to the settlement terms arising on account of V.R.S. from the date of closure of the project i.e., 15-1-1999 as already notified by the respondent. Accordingly, the appellants agreed to receive Rs. 3.00 lakhs in lumpsum as full and final settlement of their terminal benefits plus salary and wages upto 15th January, 1999 and that they will cease to have any claim whatsoever beyond the date of closure or any other benefits from the respondents on this VRS. With a view to have an amicable settlement, respondents have agreed to pay the said amount i.e., Rs.3,00,000/- (Rupees three lakhs only) in lumpsum as one-time settlement under Liberalised Voluntary Resignation Scheme to each petitioner and salary upto 15-1-1999 within 30 days after the petitioners have obtained "No Dues Certificate" from the employer if any, under their possession; return the tools, equipment, property of the project, if any, and also authorise the management to recover any amount towards advances etc., due to the respondents from the above amount within 10 days from this settlement. The above agreement has the consent of all the parties and the Hon'ble Court may be pleased to dispose of finally the W.A.Nos. 1951 of 1998, 142 of 1999 and W.P.No. 2334 of 1999 without any further claim whatsoever.