1997 Supreme(AP) 1017
Andhra Pradesh High Court
Judges : G.BIKSHAPATHY, P.RAMAKRISHNAM RAJU, P.S.MISHRA
V.S.R.Murthy - Appellant
Versus
Engineer-in-Chief (Irrigation Wing), I and C.A.D.Department, Government Of A.P., Hyderabad - Respondent
Decided On : 10-15-97
Headnote:
Sick Industrial Companies (Special Provisions) Act, 1985 - Section 15 - Industries (Development and Regulation) Act, 1951 - Section 32 - Voluntary Retirement Scheme - A High Power Committee was constituted which negotiated with reputed industrial houses including Limited with whom fruitful settlement reached which resulted in arriving at a scheme according to which agreed to take over two divisions Refrigeration and Appliances out of four divisions and other two divisions Watch and Auto Body Building had to be formed as separate companies - During the preparation of draft revival scheme for HAL for approval by BIFR labor and employees unions were consulted and during negotiations Limited agreed to take over employees working in Refrigeration and Appliances divisions - In this process employees of erstwhile HAL were identified as surplus and out of these employees some were consolidated wage earners others were drawing regular scale of pay in HAL - Held, A prayer is made for certificate for appeal to Supreme Court as contemplated under Article of Constitution of India on grounds case involves substantial question of law as to interpretation of Constitution as well as a substantial question of law of general importance and that said question needs to be decided by Supreme Court –Court do not however see any substantial question of law as to interpretation of Constitution which needs to be decided by Supreme court or any such substantial question of law of general importance which needs to be decided by Supreme Court as we have proceeded to determine the questions which have arisen in instant proceeding in accordance with settled principles of law and followed authoritative pronouncements of Supreme Court in the matter of interpretation of some of provisions of relevant Acts and rules framed there - Appeal rejected.
( 1 ) THE petitioners in these writ petitions were all employees who have put in 8 to 10 years of service in Hyderabad Allwyn Limited (for short hal ), which is a State Government Public Sector Undertaking, who have been deployed in various Government Departments for the past three and half years in pursuance of a Scheme settled by the Board for Industrial and Financial reconstruction (for short bifr ). As the Supernumerary posts created in various Government Departments and Corporations wherein the petitioners were absorbed are abolished under G. O. Ms. No. 192, Industries and Commerce (IFR. II) Department, dated 1-10-1996 some of the above writ petitions are filed questioning the said G. O. Later A. P. Ordinance No. 25/96 was promulgated, followed by Act 14/97 for the same purpose which were also challenged in other writ petitions.
( 2 ) IN the counter-affidavit filed by the Deputy Secretary to Government, industries and Commerce Department, it is stated that M/s. Hyderabad Allwyn limited (HAL) became sick, consequently, reference was made to the Board for Industrial and Financial Reconstruction (BIFR), under Section 15 of Sick industrial Companies (Special Provisions) Act, 1985 for short, "the Act", by the State Government. In fact the State Government was already on hunt for proper entrepreneur to take over the Company. A High Power Committee was constituted which negotiated with reputed industrial houses including m/s. Voltas Limited with whom fruitful settlement reached which resulted in arriving at a scheme, according to which M/s. Voltas agreed to take over two divisions, Refrigeration and Appliances out of four divisions and the other two divisions i. e. , Watch and Auto Body Building had to be formed as separate companies. During the preparation of the draft revival scheme for HAL for approval by BIFR, labour and employees unions were consulted and during negotiations, M/s. Voltas Limited agreed to take over 5000 employees working in Refrigeration and Appliances divisions. In this process 1486 employees of the erstwhile HAL were identified as surplus and out of these employees some were consolidated wage earners, others were drawing regular scale of pay in HAL. A Cabinet Sub-Committee was constituted, vide G. O. Rt. No. 1210, industries and Commerce (PE Cell) Department, dated 25-11-1992, to discuss with the Unions and to recommend the modalities for redeployment of these employees. Accordingly the Sub-Committee recommended redeployment of these 1486 surplus employees in Government Departments, Public corporations and also suggested that the Government shall constitute a committee to evolve methods for permanent absorption and rehabilitation of these employees, including setting up of a Voluntary Retirement Scheme. Government accepted the recommendations in G. O. Rt. No. 383, Industries and Commerce (PE Cell) Department, dated 31-3-1993, and directed the managing Director, HAL to identify the 1486 employees in terms of the guidelines set out in Annexure-I of the said G. O. for allotment to various Heads of Departments, and Corporations in accordance with the said G. O. It is further stated that suitable placement of the individuals taking into account their previous service, would be decided by a Committee constituted under g. O. Rt. No. 383, dated 31-3-1993, who submitted a report on 7-4-1993 for redeployment of these employees in various Heads of Departments and government Corporations in accordance with the guidelines, which was also accepted by the Government, and accordingly, Government issued G. O. Ms. No. 180, Industries and Commerce (PE. Cell) Department dated 28-4-1993, creating supernumerary posts in Government Departments and temporary posts in Government Corporations/ Autonomous Bodies. It was further made clear in the said G. O. that final placement would be based on the recommendations of Empowered Committee constituted under G. O. Rt. No. 399, Industries and Commerce (PE Ce