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2017 Supreme(Jhk) 438

RAJESH SHANKAR
Employer in relation to the Management of Bhowra Coke Plant of M/s. Bharat Coking Coal Limited – Appellant
Versus
Their Workman being represented by Sri Raghunandan Rai – Respondent


Advocates Appeared:
For the Petitioner:Mr. Amit Kumar Sinha, Advocate
For the Respondent:Mrs. M.M.Pal, Sr.Advocate & Mrs. Ruby Pandey, Advocate

JUDGMENT :

1. By Court : Heard learned counsel for the parties.

2. The present writ petition has been filed for quashing of the Award 31.01.2011 passed by the Central Government Industrial Tribunal No.-1, Dhanbad in Reference Case no. 16 of 2003 whereby the reference was answered in favour of the respondent by holding inter alia that the petitioner-Management is not justified in not providing the benefit of Voluntary Retirement Scheme (F) (in short to be referred as ‘VRS(F) Scheme‘) to the concerned workman Smt. Pan Muni Manjhian and hence her dependent son is entitled for employment in Bharat Coking Coal Limited (in short to be referred as “BCCL).

3. The factual matrix of the case is that a special voluntary retirement scheme for female employees of M/s. BCCL was floated vide circular dated 12.04.1995. Under the said circular, the female workman except nurse and essential staff below the age of 50 years could make an application for her voluntary retirement and in her place, employment could be provided to her dependent son aged between 18 to 35 years. Subsequently, the scheme was modified vide circular dated 05.06.2001 to the extent that the upper age limit of female workman was ext




















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