KHEM CHAND Vs. BHARTIA CUTTLER HAMMER AND ORS.

JUDGEMENT

(1.) The present judgment shall dispose of 15 connected cases, as common questions of facts and law are involved in all the cases, details of which are given in Annexure 'A' attached with the judgment. Facts are being taken from CWP No. 18216 of 2011, Khem Chand vs. M/s. Bhartiya Cuttler Hammer and another for disposal of the said cases.

(2.) Challenge in the present writ petition filed by the workman is to the order dated 03.11.2009 (Annexure P-6) passed by the Labour Court, Faridabad, who has allowed an application moved on behalf of the management for quashing the reference and returning the same being without jurisdiction on the ground that the workman had taken the retirement under the Voluntary Retirement Scheme (VRS).

(3.) The case of the workman is that he joined the respondentestablishment on 26.10.1973 and had worked with full dedication and an VRS was introduced as per notice dated 16.08.2000 which was to remain in operation till 31.08.2000. As per the scheme, the workers, who had attained the age of 40 years or had completed 10 years of service could opt for the same and would be entitled to 31 days salary for each completed year of service besides gratuity, leave encashment, Provident Fund and bonus. Pressure was put by the establishment on workers to opt for the scheme and some of the workers showed their unwillingness to accept the scheme and requested the management not to apply pressure tactics and a letter dated 24.08.2000 (Annexure P-2) was written by some of the workers to the General Manager, Operations. In spite of the said representation, some of the workers were forced to sign the typed performa of the VRS applications and cheques were prepared for different amounts and handed over to the workers and the formalities were completed on one and the same day. In the case of the present petitioner, the formalities were completed on 15.09.2000. A complaint had also been made to the SHO against the action on 01.09.2000 but the police refused to take any action. Accordingly, the workers raised industrial dispute on 25.10.2000 (Annexure P-5) and on the failure of the conciliation proceedings, the matter was referred by the State Government to the Industrial Tribunal-cum-Labour Court.