JUDGMENT :

1. This petition under Article 226 and 227 of the Constitution of India is filed against the award of the Labour Court in Reference Case No.113 of 1993 dated 26-10-2007.

2. At the outset, it is observed that learned Advocate for the petitioner is absent consistently. It has been recorded that learned Advocate for the petitioner has remained absent. It is brought to the notice of the Court that the petitioner himself has now expired. The matter is being of the year 2008, the petitioner having expired, no steps have been taken so far as to bring on record the legal heir, despite opportunities were given to the petitioner. The Court is constrained to proceed with the matter with the assistance of learned Advocate appearing for the respondent.

3. It is the case pertaining to application for resignation, however, seeking benefits under VRS Scheme. It is stated that such Scheme was never in existence, when the VRS application / resignation was tendered by the petitioner. The case before the Labour Court was that the petitioner-workman had joined the service of the respondent-employer on 19/06/1980. The respondent-employer had implemented various schemes to reduce the on-roll exce