State Of Orissa v. ORISSA STATE HAND LOOM DEVELOPMENT EMPLOYEES UNION
2004-09-13
ARUN KUMAR, RUMA PAL
body2004
DigiLaw.ai
ORDER 1. DELAY CONDONED. 2. LEAVE GRANTED. 3. THE APPELLANTS HAVE CHALLENGED THE ORDER OF THE DIVISION BENCH OF THE HIGH COURT BY WHICH THE HIGH COURT UPHELD THE DECISION OF THE GOVERNMENT TO CLOSE DOWN THE ORISSA STATE HANDLOOM DEVELOPMENT CORPORATION BUT DIRECTED THAT THOSE EMPLOYEES OF THE CORPORATION WHO DID NOT OPT FOR VOLUNTARY RETIREMENT WOULD BE PROVIDED ALTERNATIVE EMPLOYMENT IN THE GOVERNMENT OF ORISSA OR GOVERNMENT UNDERTAKINGS UNDER A SCHEME TO BE WORKED OUT BY THE GOVERNMENT. 4. WE ARE OF THE VIEW THAT WHILE THE HIGH COURT WAS CORRECT IN REFUSING TO INTERFERE WITH THE ORDER OF THE STATE GOVERNMENT TO CLOSE DOWN THE CORPORATION, IT ERRED IN DIRECTING THE GOVERNMENT TO OFFER ALTERNATIVE EMPLOYMENT TO THOSE EMPLOYEES WHO DID NOT ACCEPT THE VOLUNTARY RETIREMENT SCHEME. 5. THE LEARNED COUNSEL APPEARING ON BEHALF OF THE RESPONDENT STATES THAT HIS CLIENTS ARE NOW WILLING TO OPT FOR THE VOLUNTARY RETIREMENT SCHEME. HE ALSO SUBMITS THAT THE TIME TO OPT FOR THE VOLUNTARY RETIREMENT MAY BE EXTENDED BY FOUR WEEKS FROM DATE. 6. WE, THEREFORE, EXTEND THE TIME FOR THE EMPLOYEES REPRESENTED BY THE RESPONDENT TO APPLY FOR VOLUNTARY RETIREMENT WITHIN FOUR WEEKS. IN THE EVENT SUCH APPLICATIONS ARE MADE TO THE AUTHORITY CONCERNED, THEY WILL BE DISPOSED OF WITHIN A PERIOD OF SIX MONTHS IN ACCORDANCE WITH THE VOLUNTARY RETIREMENT SCHEME ALREADY IN PLACE. 7. THE APPEAL IS DISPOSED OF ACCORDINGLY.