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2022 Supreme(Guj) 28

A.S.SUPEHIA
Jagan Bhagwandas Dusani – Appellant
Versus
Indian Rayon and Industries Limited – Respondent


Advocate Appeared:
For the Appellant :Sangeeta Pahwa for Thakkar and Pahwa Advocates
For the Respondents:Dipesh D. Chhaya and Khushbu D. Chhaya, Advocates

JUDGMENT :

A.S. SUPEHIA, J.

1. Rule. Learned advocate Ms. Khushbu Chhaya waives service of notice of rule for and on behalf of the respondent-Company.

2. At the outset, learned advocate Ms. Sangeeta Pahwa has submitted that colleagues or co-employees of the petitioner have been granted lump sum compensation of Rs. 5,00,000/-, whereas the respondent-Company has offered a sum of Rs. 2,00,000/- towards the full and final settlement to the petitioner.

3. In the present writ petition, the petitioner has assailed the judgment and order dated 30.08.2017 passed by the Labour Court No. 2, Junagadh in I.D. Misc. Application No. 3 of 2016.

FACTS

4. The petitioner was serving as a Junior officer under the respondent-Company w.e.f. 13.07.1992. The respondent-Company floated a Voluntary Retirement Scheme (VRS) and insisted the petitioner and other workmen to apply for VRS during period from 01.10.2002 to 03.10.2002. The petitioner and other 40 workmen refused to accept the same hence, the respondent-Company insisted the employees to accept the VRS and threatened that if they will not accept the same, the authority will remove them from their services. Therefore, the petitioner and other employees file

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