Judgment

Arijit Pasayat, J.—Challenge in this appeal is to legality of the judgment rendered by a Division Bench of the Bombay High Court in a Letters Patent Appeal affirming judgment of a learned Single Judge. By the said judgment learned Single Judge had confirmed the order passed by the Industrial Court, Thane Maharashtra (in short ‘Industrial Court’).

2. The controversy involved in the present appeal arises in the following background :

By Circular dated 30th June, 1992 the appellant - a public limited company incorporated under the Companies Act, 1956 declared a Voluntary Retirement Scheme (hereinafter referred to as the ‘VRS-I’) for its employees which was accepted by the 337 employees. On 16th March, 1994 the appellant entered into a Memorandum of Understanding with the employees’ Union containing another Voluntary Retirement Scheme (hereinafter referred to as the ‘VRS-II’). The same was accepted by 179 employees. Respondents 1 to 6 who had earlier accepted VRS-I filed a complaint before the Industrial Court, Thane on 20th July, 1994 alleging that the appellant-company had committed an unfair labour practice in terms of item nos. 5, 9 and 10 of Schedule IV of the Maharashtra Re