MANU/SC/0959/2016

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 4437 of 2009, Civil Appeal No. 8363 of 2016 (Arising out of SLP (C) No. 4697 of 2008), Civil Appeal Nos. 4438, 4439, 4440, 4441, 4442, 4443, 4444, 4445, 4446 of 2009, Civil Appeal No. 8364 of 2016 (Arising out of SLP (C) No. 14522 of 2010), Civil Appeal No. 8365 of 2016 (Arising out of SLP (C) No. 14587 of 2010), Civil Appeal No. 8366 of 2016 (Arising out of SLP (C) No. 14594 of 2010), Civil Appeal No. 8367 of 2016 (Arising out of SLP (C) No. 14595 of 2010), Civil Appeal No. 8368 of 2016 (Arising out of SLP (C) No. 14679 of 2010), Civil Appeal No. 8370 of 2016 (Arising out of SLP (C) No. 14775 of 2010), Civil Appeal No. 8371 of 2016 (Arising out of SLP (C) No. 14785 of 2010), Civil Appeal No. 8372 of 2016 (Arising out of SLP (C) No. 14874 of 2010), Civil Appeal No. 8373 of 2016 (Arising out of SLP (C) No. 14877 of 2010), Civil Appeal No. 8374 of 2016 (Arising out of SLP (C) No. 14890 of 2010), Civil Appeal No. 8375 of 2016 (Arising out of SLP (C) No. 14933 of 2010), Civil Appeal No. 8376 of 2016 (Arising out of SLP (C) No. 14964 of 2010), Civil Appeal No. 8377 of 2016 (Arising out of SLP (C) No. 27017 of 2011) and Civil Appeal No. 8378 of 2016 (Arising out of SLP (C) No. 27670 of 2011)

Decided On: 29.08.2016

Appellants: Madhya Pradesh State Road Transport Corporation Vs. Respondent: Manoj Kumar and Ors.

Hon'ble Judges/Coram:
A.K. Sikri and R.K. Agrawal

JUDGMENT

A.K. Sikri, J.

1. Leave granted in the special leave petitions.

2. The Appellant Madhya Pradesh State Road Transport Corporation (for short, the 'Corporation') is a public sector undertaking of the State of Madhya Pradesh and undertakes the work of carrying passengers from one place to another within and outside the State of Madhya Pradesh. As the Appellant Corporation was running into losses, the State Government obtained permission from the Department of Road Transport & Highways of the Ministry of Shipping, Road Transport & Highways, Government of India for winding up of the Appellant Corporation. This permission was given by the Government of India on March 23, 2005 with the following directions:

The State Government shall ensure and be fully responsible for ensuring compliance of any existing/future orders passed by various court including Tribunal in any/all matters relating to MPSRTC. The State Government is also advised to safe guard the interest of employees of MPSRTC.

3. Considering the closure of the Corporation, the Managing Director, vide S. No. 1452 (Karmik-2)Stha-B/2005, Order No. 28, introduced a Scheme called as Voluntary Retirement from Service (for short, 'VRS') for the employees of the Corporation. The said Scheme was to come into force from July 01, 2005. The relevant clauses, for the purpose of the instant appeals, are as under:

4. Scheme: (i) All the candidates-employees, shall be permitted to give their option under this Scheme upto 1.8.2005 in Form (ka), along with in Form Kha. Nomination Form shall also have to be filled up. The Management shall have this right, that they may on the basis of the reasons to be given in writing, but without intimating any reason to the applicant, may accept the Voluntary Retirement from Service or reject, against which no provision of any appeal, relief shall be vested........