HOOGHLY DOCK AND PORT ENGINEERS LIMITED Vs. CHIEF LABOUR COMMISSIONER (C), GOVERNMENT OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner has challenged an order dated April 9, 2015 passed by the respondent no. 1 and prayed for an order not to give effect to the same in any manner whatsoever.

(2.) Although the issue involved in the writ petition is purely a question of law in order to appreciate the same a brief factual background is necessary to be kept in view. The petitioner, a government company, has now become sick and is under the Rehabilitation -cum -Restructuring Scheme of the Central Government. The Government of India decided to put the petitioner in the disinvestment policy. At present the company has 195 employees working at its Salkia factory and 136 employees working at the Nazirgunj factory.

(3.) The petitioner and its employees are bound by the directions and circulars issued by the Department of Public Enterprises (DPE, for short) which acts as the nodal agency for all Public Sector Enterprises. The Central Government introduced a Voluntary Retirement Scheme (VRS, for short) for its employees and workers upon payment of adequate compensation to the employees and workers of the petitioner. Subsequently, the Government of India issued a notification in the year 2000 and introduced a revised Voluntary Retirement Scheme. The employees who had already opted for voluntary retirement till that period were, the petitioner claims, entitled to VRS, ex -gratia only. The modality of calculation was strictly followed on the monthly salary or wages @ 30 days comprising various pays and dearness allowance. Subsequently, the DPE issued a further notification and modified the revised Voluntary Retirement Scheme. In the said memorandum it was specifically mentioned that the administrative ministries or departments were required to bring the modified VRS to the notice of the public enterprises like the petitioner under their administrative control and to ensure strict compliance with the provision of the said Scheme.