THE UNION OF INDIA THROUGH THE SECRETARY (FERTILIZER), MINISTRY OF CHEMICALS AND FERTILIZERS, DEPARTMENT OF FERTILIZERS, SHASTRI BHAWAN, NEW DELHI Vs. PROSANTA KUMAR RAY, S/O SHRI MOHAN LAL RAY, RESIDENT OF FLAT NO. 54 B, POCKET

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 24th Aug., 2012 whereby, the order dated 3rd March, 2005 to struck off the name of the writ applicant, the respondent no.1 herein, from the rolls of the Company was set aside. The learned Single Judge while allowing the writ application ordered that the Government of India shall examine the claim of the writ applicant for payment under the Voluntary Separation Scheme for which a representation was permitted to be filed within two months from the date of that order.

(2.) The challenge in the present Letters Patent Appeal is to a direction of payment of dues by the Government of India towards the Voluntary Separation Scheme. It is contended that even if the Government of India has given package for affecting Voluntary Separation Scheme, but such package will not entitle an individual employee to claim benefit of Voluntary Separation Scheme from the Government of India as benefit of such claim has to be conferred by the employer, i.e. M/s. Pyrites, Phosphates & Chemicals Limited.

(3.) A perusal of the record shows that as per the Annual Report of the Company of the 2007-08 (now in liquidation) that the Voluntary Separation Scheme was extended in respect of Amjhore unit including hiving off of the Dehradun and Saladipura units. The Company had relieved 1211 employees till December, 2006 retaining 7 employees for all the three units after receiving Rs. 66.17 crores from the Government of India for giving effect to Voluntary Separation Scheme.