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2021 Supreme(SC) 520

SANJAY KISHAN KAUL, M.M.SUNDRESH
New Victoria Mills – Appellant
Versus
Shrikant Arya – Respondent


Advocates appeared:
For the Appellant(s) :Madhavi Divan, Mayuri Raghuvanshi, Vyom Raghuvanshi, Purvat Wali, Advocates
For the Respondent(s):Shadan Farasat, Bharat Gupta, Shourya Dasgupta, Aman Naqvi, Advocates

JUDGMENT :

SANJAY KISHAN KAUL, J.

1. National Textile Corporation Limited (for short ‘NTC’), is a public sector undertaking constituted and registered under the Companies Act, 1956. Appellant No.2 before us is the National Textile Corporation (Uttar Pradesh) Limited, Kanpur, a subsidiary of appellant No. 3 that has set up several industrial establishments in the State of Uttar Pradesh. M/s. New Victoria Mills, appellant No.1, is one such establishment set up by appellant No.2 in Kanpur. Respondent was working as a Supervisor (Maintenance) in appellant No.1 since 1991, having been so appointed on transfer from M/s. Atherton Mills, another industrial unit set up by appellant No.2.

2. The textile industry went through difficult times at the turn of the century and accordingly, endeavours were made to examine the feasibility of the continued existence of different textile mills. A question mark over the existence of these mills in turn had ramifications for the persons who were employed with these mills. In order to safeguard the interests of these employees, a Modified Voluntary Retirement Scheme (for short ‘MVRS/Scheme’) was propounded by appellant No.3 to facilitate the voluntary reti

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