1. Heard the learned counsel appearing for the respective parties. It transpires from the record that Surendranagar Dairy is not a running concern as on date. It further transpires from the record that all the employees, except 7 employees have accepted the Voluntary Retirement Scheme. Special Civil Application No.17627 of 2003 is filed by National Dairy Development Board challenging the judgment and award passed by the Presiding Officer, Labour Court, Surendranagar in Reference (LCB) No.5 of 2003 dated 30.10.2003. Similarly, in Special Civil Application No.674 of 2003, the Union has challenged the very said judgment and award to the extent of refusal to give direction for absorption in the Board or Corporation owned by the Government or any other Government department. Special Civil Application No.2192 of 2004 is filed by 7 employees who have challenged the order of termination dated 11.2.2004.
2. It is an admitted position that the BIFR scheme has been sanctioned and hence, before the matter is heard on merits, it would be appropriate if the petitioners of Special Civil Application No.2192 of 2004 - 7 employees who have not opted for Voluntary Retirement Scheme are permitted to make a representation to the competent authorities to redress the grievance confining to similar benefits akin to Voluntary Retirement Scheme to other employees of Surendranagar Dairy is permitted at this stage. Mr. Gandhi, learned advocate for those 7 employees who are petitioners of Special Civil Application No.2192 of 2004, on instructions from the petitioners, makes a statement that pending hearing of these three petitions which raise collateral issues, those 7 petitioners desire to file a representation before the competent authorities, as aforesaid. The said request is not candidly opposed by Mr. K.M. Patel, learned Senior Advocate appearing with Mr. Varun K. Patel for Gujarat Dairy Development Corporation Limited, Mr. D.C. Dave, learned Senior Advocate appearing with Mr. Jigar Patel for National Dairy Development Board and Ms. Shruti Pathak, learned AGP, subject to their rights to take all available contentions before this Court in case if the hearing is necessary.
3. Considering the issues involved in the petitions and more particularly, considering the fact that the majority of the employees of Surendranagar Dairy have opted with the Voluntary Retirement Scheme, this Court thinks it proper to accept the request made by learned advocate Mr. Gandhi for those 7 employees.
4. In view of the above, it would be open for those 7 employees who are petitioners of Special Civil Application No.2192 of 2004 to file appropriate representation as per the above directions confining it to the similar benefits of Voluntary Retirement Scheme which is accorded to other employees of Surendranagar Dairy latest by 11.5.2012. The competent authorities shall decide the same strictly in accordance with the law without being influenced by the fact that these writ petitions are pending for its final adjudication before this Court and decide such a representation preferably within four weeks from the date of receipt of copy of the order or latest by the next date of hearing which is fixed on 25.6.2012.
5. It is made clear that this Court has not opined anything on merits and only in order to see that by permitting those 7 employees to file representation, this order is passed. It goes without saying that if ultimately the matters are to be heard on merits, all the parties including those 7 employees shall be permitted to raise all appropriate contentions that are available and this order is passed without prejudice to the rights of all the parties to these matters.
6. The matters are adjourned to 25.6.2012.
7. Registry is directed to serve a copy of this order upon Ms. Shruti Pathak, learned AGP for its onward communication.
[R.M.CHHAYA, J.] mrpandya Top