1. By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioners have interalia prayed for the following reliefs :
"(a) That Your Lordships be pleased to issue an order, direction or writ in the nature of Mandamus or any other appropriate writ, order or direction to pay the amount of arrears due since 1st January, 1999 and payable to the petitioners forthwith with 24% interest from due date till the payments are made.
(b) That Your Lordships be pleased to declare the Respondent Management's action to implement the VRS as arbitrary, illegal, null and void and that the petitioners are in the services of the Respondent Company till the privatisation or closure actually takes place and direct the Company to pay back wages and all other consequential benefits upto that period.
(c) That pending admission and final disposal of this petition, Your Lordships be pleased to direct the Respondent Company to pay the amounts due to the petitioners under the VRS and restrain the Respondent Management from making any payment to the employees who have opted for the VRS in pursuance to the notice of the Respondent Management dated 13th December, 2000 till all the dues of the petitioners are cleared by the Respondent Management.
(d) Direct the Respondent Management to calculate the amount of VRS after taking into consideration existing present HRA as per the Scheme and pay difference of arrears along with the benefits of the Leave Encashment, LTC encashment and difference of Medical and Conveyance Allowances and superannuation.
(e) Pending admission and final disposal of this petition, Your Lordships be pleased to direct the Respondents to pay the amount due to the petitioners before closing down of the establishment.
(f) Any other relief this Honourable Court deems fit and proper together with cost."
2. It appears from the record of the petition that after admission of the matter, the Company has gone under liquidation. It further reveals from the record that there was another cognate matter being Special Civil Application No. 337 of 2000 with Civil Application No. 12054 of 2000 raising identical issue. By order dated 6.9.2006 this Court (Coram : H.K.Rathod, J.) had fixed both these matters along with aforesaid Civil Application to be heard finally.
3. Heard Dr. Mukul Sinha, learned Advocate for the petitioner, Ms. Amee Yajnik, learned Advocate for Official Liquidator and Ms. Maithili Mehta, learned Assistant Government Pleader for respondent No. 3. It was pointed out by the learned Advocates appearing on behalf of the respective parties that the aforesaid Special Civil Application No. 337 of 2000 along with Civil Application No. 775 of 2001 have already been disposed of considering the fact that the Company has already been ordered to be wound up by this Court in Company Petition No. 47 of 2001 and Company Petition No. 310 of 2000 by order dated 18.2.2002.
4. This Court (Coram : K.S.Jhaveri, J.) was pleased to dispose of the said writ petition being Special Civil Application No. 337 of 2000 and has observed thus :
1. The prayer made in this petition is for a direction to pay amount of arrears due and payable to the petitioners along with interest at the rate of 24% interest from due date.
2. It is now pointed out that the company has already been ordered to be wound up by this Court in Company Petition No.47 of 2001 and Company Petition No.310 of 2000 passed on 18th February 2002. A copy of the said order is placed on record of this petition.
3. In view of the above, this petition will not survive and is accordingly disposed of. Rule is discharged with no order as to costs.
4. Since the main petition is disposed of the above Civil Applications would not survive and are accordingly disposed of."
5. In view of the above order, this petition also does not survive and is accordingly disposed of. Rule discharged with no order as to costs.
Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top