THE HARYANA STATE FEDERATION OF CONSUMERS COOPERATIVE WHOLESALE STORES LTD. (CONFED) Vs. THE HARYANA CONFED EMPLOYEES WELFARE UNION

JUDGEMENT

(1.) THIS appeal has been preferred against judgment of the learned Single Judge, directing giving of retrenchment compensation in accordance with the rules, which was over and above the amount of compensation stipulated under Rule 25 -F of the Industrial Disputes Act, 1947.

(2.) DELAY of 60 days is condoned, subject to just exceptions. Heard on merits.

(3.) IN December, 2000, the posts of Salesmen were abolished. Some of the affected employees filed writ petition in this Court which was dismissed and thereafter, they preferred an appeal before the Hon'ble Supreme Court, seeking benefit in terms of Rule 35(b) of the Rules. The Hon'ble Supreme Court, vide judgment dated 21.11.2005 in Civil Appeal No. 302 of 2004 Rajinder Singh Chauhan and Ors. v. State of Haryana and Ors. held that they were entitled to benefit under Rule 35(b) of the Rules. Thereafter, the respondent -Union filed a petition in this Court, claiming the said benefits. The petition was opposed, mainly on the ground that the petition was barred by laches. Retrenchment had taken place in the year 2000 and the writ petition has been filed after eight years. Even judgment of the Hon'ble Supreme Court had been rendered in the year 2005. Reliance was placed on judgments of the Hon'ble Supreme Court in Bhoop Singh v. Union of India : AIR 1992 SC 1414 and State of Karnataka v. S. M. Kotrayya : (1996) 6 SCC 267.