ASHOK KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) On behalf of the respondent company, a preliminary objection has been raised regarding maintainability of this appeal in view of cessation of the status of the respondent company. In the aforesaid circumstances, we are of the opinion that the issue relating to the maintainability of this appeal should be decided first before deciding any other issue raised in this appeal on merits. Therefore, only point is to be decided at this stage is whether the instant appeal is maintainable. The learned Counsel of the respective parties has also confined their arguments only in relation to the question of maintainability of the instant appeal.

(2.) The writ petition out of which the present appeal arises was filed when the respondent-company was treated as sick company and the question of revival was pending before the BIFR. The writ petitioners, who were employees of Jessop & Co. Ltd. took voluntary retirement under the Voluntary Retirement Scheme, 1998 during March to October, 1998, The writ petitioners had prayed in the writ petitionfor recomputation of the benefits under the Voluntary Retirement Scheme after giving fitment benefit w.e.f. lst January, 1992 in view of revision of pay scales introduced on 1st January, 1999 w.e.f, 1st January, 1992 pursuant to the policy decision of the Government of India dated 19th July, 1995.

(3.) It has also been contended on behalf of the appellants that the said appellants/writ petitioners do not get pension and retired upon accepting a meagre amount which is insufficient to live a decent life in the present days. Jessop & Co. became sick and therefore, it was referred to the Board for Industrial and Financial Reconstruction (hereinafter referred to as BIFR). The scheme for rehabilitation sanctioned by BIFR fell through. Finally, the Government of India effected disinvestments by transferring its shares to private party.