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2004 Supreme(SC) 1053

SUPREME COURT OF INDIA
RUMA PAL AND ARUN KUMAR
STATE OF ORISSA AND OTHERS APPELLANTS;
VERSUS
ORISSA STATE HAND LOOM DEVELOPMENT EMPLOYEES UNION
AND ANOTHER RESPONDENTS.
CIVIL APPEAL NO. 6090 OF 2004
DECIDED ON SEPTEMBER 13, 2004

Headnote:

Voluntary Retirement - Closing down of Orissa State Handloom Development Corporation- High Court upheld the decision of the Government but directed the employees who did not opt for voluntary retirement to be provided alternative employment -Held High Court erred in directing the Government to offer alternative employment to those employees who did not accept the voluntary retirement scheme- The respondent stated that they were willing to opt for the ssretirement within four weeks. [Paras 3 to6 ]

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.

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