JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE two petitions reflect the grievance of the workmen of the Punjab Power Packs Limited which is a Punjab Government Undertaking. In Civil Writ Petition No. 13327 of 1994, the 16 petitioners pray for the issue of a writ of mandamus directing the Respondents viz. State of Punjab etc. to absorb them in some department or office. In the latter case which has been filed by the Union, the order dated September 26, 1994 by which the Additional Labour Commissioner, Punjab granted permission under Section 25-N of the Industrial Deputes Act, 1947 for retrenchment of the workmen, has been challenged. A few facts may be noticed.

(2.) THE Punjab Power Packs-Respondent No. 3 is a registered Company. It was running in losses. In mid 1994, the Company decided that "out of its total strength of 210 employees 109 should be retrenched so that the Company should not further go into losses and it could be made a viable unit. " On July 1, 1994, it framed a scheme to offer voluntary retirement to the employees and to pay compensation to them. A copy of the Scheme dated July 1, 1994, has been produced as Annexure P-2 with CWP No. 885 of 1995. On July 2, 1994, a clarification was given and a copy thereof has been produced as Annexure P-3. Prior to the issue of the scheme, the Finance Department had vide its letter dated June 18, 1994 sanctioned an amount of Rs. 51,31,000/-for payment of compensation etc. to the 109 employees who may opt for voluntary retirement. The third Respondent also sought the permission for retrenchment of the surplus staff. A notice dated July 27, 1994 was issued to the Union. Three months' notice was given to each of the employees subject to the grant of permission under Section 25-N. A reply was filed by the Union. After hearing the parties, the Additional Labour Commissioner, Punjab granted permission as envisaged under Section 25-N of the Act. A copy of this order has been produced as Annexure P-12 with the Writ Petition. The petitioner Union impugns this order on various grounds, which shall be presently noticed.

(3.) SIMULTANEOUSLY, the workmen who are petitioners in CWP No. 13327 of 1994 also maintain that in view of the instructions issued by the State Government vide its letters dated March 4, 1992 and April 20, 1992, copies of which have been produced as Annexure P-6 and P-5 respectively, they have a right to be absorbed on suitable posts under the State Government. Their representation in this behalf which was filed on July 20, 1994 having been rejected by the Managing Director of the third Respondent, they have approached this Court.