LOMESH PRASAD UPADHAYAY Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THIS writ application is directed against the order dated 12.12.1994 passed by the Presiding Officer, Industrial Tribunal, Ranchi, as an appellate authority under Section 28 of the Bihar Shops and Establishment Act (in short the said Act) in B.S.E. Appeal No. 3/93 by which he has set aside the order passed by the Labour Court, Jamshedpur in B.S.E. Case No. 4/85.

(2.) THE petitioner was in the service of the respondent -M/s. Tata Iron and Steel Company as personal officer. It is contended that the respondent formulated a scheme as Voluntary Retirement Scheme (in short VRS) to extend the facility and benefits to its employees. It is alleged that in 1985 the petitioner was called to accept voluntary retirement and he was forced on 10.1.1985 to accept voluntary retirement as per the scheme otherwise he was threatened to be dismissed and victimized. Petitioners further case is that he, accordingly, made an application for voluntary retirement under the VRS which was accepted but he was not paid all the benefits as provided under the scheme. The petitioner then moved the labour court under Section 28 of the said Act.

(3.) THE labour court, after hearing the parties, allowed the application holding that VRS was in force in the Company and, according to the said scheme, an employee would be entitled to get the benefits of six months salary as notice pay be ex gratia payment upto one months salary for each completed year of service.