SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(SC) 638

SUPREME COURT OF INDIA
M.R. SHAH, A.S. BOPANNA, JJ.
MODIFIED VOLUNTARY RETIREMENT SCHEME OF 2002 OF AZAM JAHI MILL WORKERS ASSOCIATION - APPELLANT
VERSUS
NATIONAL TEXTILE CORPORATION LIMITED & ORS. - RESPONDENT
CIVIL APPEAL NOS. 6260-61 OF 2021
DECIDED ON : 26-10-2021

Advocates Appeared:
For the Appellant(s) :Nitya Ramakrishnan, Shadan Farasat, Bharat Gupta, Vinoothna Vinjam, Shourya Dasgupta, Advocates
For the Respondent(s):V Giri, P. Venkat Reddy, Prashant Tyagi, P. Srinivas Reddy, M/s Venkat Palwai Law Associates, Madhavi Goradia Divan, Mayuri Raghuvanshi, Vyom Raghuvanshi, Purvat Wali, Advocates

Headnote:

Constitution of India,1950 - Articles 12, 226 and 14 - Sick Textile Undertakings (Nationalization) Act, 1974 - Section 3 – Mill demolished all the quarters vacated/evicted - Quarters constructed and owned by the Mill - Service of the notice - Workers Association were working Mills owned and run by NTC - All workers worked in said Mill for more than 20 years - Mill was closed in year 452 employees worked in Mill for more than 20 years - It appears that during period of service, all workers/employees working in Mill were allotted Employees’ Quarters constructed and owned by Mill - Employees including the members of the Workers Association and other employees of Mill took voluntary retirement pursuant to a Modified Voluntary Scheme - Workers Association were asked vacate quarters which were in respective occupations of respective members/employees - quarters in which the employees were staying were in dilapidated condition and became unfit for human habitation – Held, Justification to differentiate case between two classes of ex-employees is not germane. If remaining 318 ex-employees would not have vacated quarters and would have remained in unauthorized occupation, even as per case on behalf of the respondents is accepted, then those who remained in unauthorized occupation subsequently might have been allotted of plots free of cost ex-employees who were found to be in unauthorized occupation - There is no justification at all to deny allotment plots free of cost to each of 318 ex-employees, which were allotted to other 134 ex-employees who otherwise were similarly situated - Respondent approach respondent No.1 and/or State Government for allotment of additional land and/or to allot the plots from remaining land of respondent No.4 Mills which might be vacant and available with Central Government/NTC as the case may be - Appeals succeed.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned final judgment and order dated 19.02.2020 passed by the High Court for the State of Telangana, at Hyderabad in Writ Appeal Nos.427 of 2016 and 431 of 2016 by which the Division Bench of the High Court has allowed the said Appeals preferred by the respondent Nos.1 and 2 herein – National Textile Corporation Limited (hereinafter referred to as “NTC”) and the Kakatiya Urban Development Authority, Warangal (hereinafter referred to as “KUDA”) and has quashed and set aside the judgment and order passed by the learned Single Judge in Writ Petition No.26642 of 2007, the original writ petitioner – Modified Voluntary Retirement Scheme of 2002 of Azam Jahi Mill Workers Association (hereinafter referred to as “Workers Association”) has preferred the present Appeals.

2. The facts leading to the present Appeals in nut-shell are as under:

2.1 That, all the members of the original writ petitioner – Workers Association were working in Azam Jahi Mills owned and run by the NTC. All the workers worked in the said Mill for more than 20 years. The said Mill was closed in the year 2002. That, about 452 employees worked in the Mill for more than 20 years. It appears that during the period of service, all the workers/employees working in the Mill were allotted Employees’ Quarters constructed and owned by the Mill. That, all the employees including the members of the Workers Association and other employees of the Mill took voluntary retirement pursuant to a Modified Voluntary Scheme of 2002.

At this stage it is to be noted that a large number of employees voluntarily retired on one day i.e. 31.08.2002. That, all the employees including the members of the Workers Association were asked vide Notification dated 17.07.1986 to vacate the quarters which were in the respective occupations of the respective members/employees. In the said notice it was stated that the quarters in which the employees were staying were in dilapidated condition and became unfit for human habitation. Approximately 318 employees including the members of the Workers Association were forcefully evicted from the quarters. Thereafter, the management of the Mill demolished all the quarters vacated/evicted by 318 employees. However, some of the employees who were about 134 in number, continued to stay in their respective quarters despite service of the notice dated 17.07.1986 asking them to vacate the quarters. In the meantime, the Mill submitted an application dated 30.05.2002 for closure of the Mill. On the said application, proceedings were initiated by the Ministry of Labour in which the management and representatives of the Union participated. During the hearing, a request was also made on behalf of the representatives of the Union to allot quarters to the concerned workmen at reasonable rates. On the aforesaid, it was submitted on behalf of the management that the issue/request to allot the quarters is under consideration by the management. Vide Notification dated 11.09.2002, the Government of India, Ministry of Labour granted permission to close the Mill. That, thereafter, the NTC sold away the machinery and infrastructure of the Mill and allotted Acres 117.20 Gunthas out of 215 Acres to KUDA on 01.03.2007. A portion of the land owned by the Mill was sold to Housing Board, KUDA and other institutions.

2.2 That, after allotment, 11 Acres of the land owned by the NTC/Mill remained. It appears that thereafter KUDA submitted proposal to the State to allot house sites of 200 Sq. Yards each to 134 employees of the Mill, who continued to stay in their respective quarters despite service of notice dated 17.07.1986 demanding them to vacate the quarters. The State Government vide G.O. No.463 dated 27.06.2007, accepted the proposal of the KUDA to allot 200 Sq. Yards developed plot free of cost to each of 134 ex-employees of the erstwhile Mill, as a rehabilitation and welfare measure. That, thereafter, 318 retired worke

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top