Hindustan Petroleum Corpn. v. Genl. Employees' Asson.
1996-03-13
KULDIP SINGH, S.B.MAJMUDAR, S.SAGHIR AHMAD
body1996
DigiLaw.ai
JUDGMENT : 1. In view of the law laid down by this Court in Parimal Chandra Raha and Ors. v. Life Insurance Corporation of India and Ors., 1995 Supp (2) SCC 611, there is no scope to interfere with the impugned judgment of the High Court. We, however, direct that all the workmen who are to be given the benefit of the of impugned judgment of the High Court shall fulfil the following conditions: 1. At the time of initial appointment the workmen should be complying with the minimum and the maximum age limits prescribed under the policy of the Corporation; 2. They must be medically fit according to the standards prescribed by the Corporation; 3. Those who were appointed prior to the filing of the writ petition must have three years minimum service to their credit on the date of the judgment of the High Court; 4. Those who were appointed during the pendency of the writ petition, they must have four years of minimum service to their credit on the date of judgment of the High Court; 5. All those who are not absorbed in the service of the Corporation for any of the reasons indicated above, their cases shall be considered in accordance with the provisions of the Industrial Disputes Act, 1947 when fresh recruitment to the canteen staff is made by the Corporation. 2. All the workmen who are not absorbed for any of the conditions enumerated above, shall be given retrenchment compensation in accordance with law 3. The Special Leave Petition is disposed of in the above terms.