Daya Nand VS. State Of Haryana

Extract

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Daya Nand VS. State Of Haryana

The Judgement Information System REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4223 OF 2008

ARISING OUT OF

SPECIAL LEAVE PETITION (C) NO. 1598 OF 2007

RAMESH CHANDRA SANKLA ETC. ... APPELLANTS

VERSUS

VIKRAM CEMENT ETC. ... RESPONDENTS

WITH

CIVIL APPEAL NO. 4224 OF 2008

ARISING OUT OF

SPECIAL LEAVE PETITION (C) NO. 1600 OF 2007

ASHA RAM MALVIYA ETC. ... APPELLANTS

VERSUS

VIKRAM CEMENT ETC. ... RESPONDENTS

WITH

CIVIL APPEAL NO. 4225 OF 2008

ARISING OUT OF

SPECIAL LEAVE PETITION (C) NO. 2237 OF 2007

RATAN SINGH RATHORE & ORS. ... APPELLANTS

VERSUS

VIKRAM CEMENT ... RESPONDENT

WITH

2

CIVIL APPEAL NO. 4226 OF 2008

ARISING OUT OF

SPECIAL LEAVE PETITION (C) NO. 2245 OF 2007

DWARKA PRASAD AGARWAL & ORS. ... APPELLANTS

VERSUS

VIKRAM CEMENT & ORS. ... RESPONDENTS

WITH

CIVIL APPEAL NO. 4227 OF 2008

ARISING OUT OF

SPECIAL LEAVE PETITION (C) NO. 5707 OF 2007

VIKRAM CEMENT ... APPELLANT

VERSUS

HEMANT KUMAR JAIN & ORS. ... RESPONDENTS

J U D G M E N T

C.K. THAKKER, J.

1. Leave granted.

2. All these appeals arise out of common judgment and order passed by the Division Bench of the High Court of Madhya Pradesh (Indore Bench) on October 31, 2006 in Writ Appeal No.

3 353 of 2006 and companion matters and also against an order dated December 11, 2006 in Review Petition M.C.C. No. 1062 of 2006 and cognate matters. The orders passed by the Division Bench of the High Court have been challenged by both the parties i.e. employees/

workmen as also by the employer/Company.

FACTUAL BACKGROUND 3. To appreciate the controversy raised in the present appeals, few relevant facts may be noted.

4. Vikram Cement (`Company' for short) is engaged in the business of manufacturing cement of different grades and has its plant at Vikram Nagar, Khor, Madhya Pradesh in one set of appeals are employees engaged and working in the factory of the Company. It was the case of the Company that with a view to rationalize its manpower, it introduced a Voluntary Retirement Scheme (`the Scheme' for

4 short) on July 12, 2001 in the Cement Plant.

The said scheme provided voluntary retirement of workmen who had either completed 40 years of age or put in at least 10 full years of service. They were to be paid benefits as provided in the scheme. The scheme was displayed on the Notice Board and widely publicized through local press. It appears that out of 1500 employees, about 460 employees opted for voluntary retirement which was accepted by the Company and they were granted all benefits towards `full and final settlement' in terms of the scheme. This was done during July-September, 2001. According to the Company, the workmen received those benefits, issued stamped receipts in token of acceptance of the amount under the scheme and ceased to remain `workmen' of the Company. The relationship between the `employer and employee' came to an end. According to the Company, however, during September-October, 2001, some of the employees who had opted for

5 voluntary retirement, accepted benefits under the scheme and who were no more employees of the Company approached Labour Court, Mandsour by invoking Section 31 of the Madhya Pradesh Industrial Relations Act, 1960 (hereinafter referred to as `the Act'), inter alia, contending that they had not opted for voluntary retirement; they continued to remain workmen of the Company; they were pressurized, threatened and forced to accept some amount;

though they were willing to work and continue as employees of the Company, they were not allowed to join duty. It was also their case that they were not paid legal and proper benefits to which they were otherwise entitled even under the scheme. The so-called payment said to have been made to them was also not adequate and `full and final settlement' of the dues in accordance with law. It was, therefore, contended by them that they were entitled to reinstatement. As they were not allowed to continue as workmen by the Company, t...

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