ORISSA HIGH COURT, CUTTACK. W.P (C) No. 12367 of 2004 Arising out of an application under Articles 226 and 227 of the Constitution of India. ---------- Sk. Alimuddin and others … Petitioners Versus State of Orissa and others … Opposite Parties For Petitioners : M/s. Lalatendu Samantaray, R. Pradhan, B. Pradhan and S. Swain. For Opp. Parties : M/s. Milan Kanungo, Y.S.P. Babu, M. Verma, B. Kanungo, S.N. Das and B.P. Pattnaik. (for O.P. no.3) M/s. M.R. Mohanty, M. Kanungo, S.K. Mishra, P.K. Sahoo, J.P. Nayak, D.P. Brahma, R. Mohanty and K.A. Guru. (for O.P. No.6) Addl. Govt. Advocate (for O.P. Nos.1, 2 and 5) ---------- P R E S E N T : THE HONOURABLE MR. JUSTICE C.R. DASH --------------------------------------------------------------------------------------------------- Date of Judgment : 16.12.2011 --------------------------------------------------------------------------------------------------- C.R. DASH, J. The petitioners were employees of Maa Bauti Powerloom Weavers Co-operative Society Ltd., Athagarh in the district of Cuttack. They have filed this writ petition mainly for the following reliefs :- (i) Issuance of a writ of mandamus or any appropriate writ / writs directing the opposite parties to pay their balance dues under Voluntary Retirement Scheme calculated for the period up to the date of their relieve from service as per Annexure-5 series and Annexure-10 within a stipulated period. (ii) Issuance of further writ / writs directing the opposite parties to pay the arrear unpaid salary of the petitioners up to 11.05.2002 after adjusting the part payment already made. (iii) Direction to the opposite parties to deposit forthwith share of E.P.F. dues of petitioner no.1. 2. The petitioners, (forty in numbers), took voluntary retirement under the Voluntary Retirement Scheme (“V.R.S.” for short) floated by the Department of Public Enterprises (opp. Party no.1) vide Annexure-1 series. It is alleged that though the petitioners opted for the V.R.S., opposite party nos.1, 2 and 3 have not yet settled the dues admissible to them under the scheme vide Annexure-1. It is asserted by learned counsel for the petitioners that each of the petitioners is entitled to receive the amount towards balance dues as per the calculation in Annexure-5 series and Annexure-10. While Annexure-5 series are copies of Information Sheet and Claim Statement of each of the petitioners, Annexure-10 is the copy of the statements of amount received and amount due to be received by each of the petitioners. 3. Opposite party no.1 has filed counter affidavit. It is specifically asserted in the counter affidavit that in accordance with the provisions of the V.R.S. vide Annexure-A/1, opposite party no.1 after 2 following due procedure under D.F.I.D. assisted Public Enterprises Reform Programme, released an amount of Rs.9,73,850/- (nine lakhs seventy-three thousand eight hundred and fifty) in respect of 49 (forty- nine) employees of Maa Bauti Powerloom Weavers Co-operative Society Ltd. and the petitioners are not entitled to receive any more amount. It is further asserted that no assurance was given to the petitioners for payment of any amount over and above what they have received in accordance with the provisions of V.R.S. vide Annexure-A/ 1 and opposite party no.1 is not liable to pay any more amount to the petitioners. Opposite party no.3, the Managing Director of ORICOSPIN has filed counter affidavit, wherein it has been specifically averred that the V.R.S. under Annexure-1 does not speak of any payment in respect of salary or arrear salary, and such fact was to the knowledge of the petitioners. From the cut-off date of the service till the date of compensation, i.e. from 30.06.2001 to 11.05.2002 as the Spinning Mill was under lock and key without any activity in the Mill, no payment can be made for that period. The quantum of payment made by opposite party no.1 is said to be just and proper in the counter affidavit by opposite party no.3. 4. It is however fairly submitted at the Bar that the petitioners are covered by the decision of this Court in W.P.(C) No.11333 of 2003 (Nrusingha Ch. Swain vs. State of Orissa and others, disposed of on 29.04.2004), W.P.(C) No.10265 of 2008 (Niranjan Rout and another vs. State of Orissa and others, disposed of on 02.09.2009) and other similar batch of writ petitions filed by the employees of Sri Sarala Weavers Co-operative Spinning Mills Ltd., 3 Nausira, Tirtol in the district of Jagatsinghpur. In the case of Nrusingha Ch. Swain (supra) this Court has vividly discussed about the scope, ambit and effect of V.R.S. and it is not disputed that the present opposite party no.3 (ORICOSPIN) is a Co-operative Spinning Mill similarly circumstanced with Sri Sarala Weavers Co-operative Spinning Mills Ltd., and employees of the ORICOSPIN are also entitled to the same benefit under the V.R.S. 5. Regard being had to all the aforesaid facts and submission, the writ petition is disposed of with the following directions : – (i) Opposite party nos.1, 2 and 3 by their internal arrangement, as devised by them in the facts and circumstances of the case, shall pay within six months from the date of receipt of a copy of this order or certified copy thereof, the dues which are admissible to the petitioners on the basis of such payment having been made in respect of retired employees of other similarly circumstanced spinning mills under the selfsame V.R.S. The decision shall be taken on the basis of individual representation filed by each of the petitioner within one month from the date of order, and the decision shall be taken on the basis of similar benefit, if any, provided to voluntarily the retired, employees of similarly circumstanced Spinning Mills. (ii) So far as the balance amount of claim towards arrear salary and other dues, as calculated vide Annexure-5 series and Annexure-10 of the writ petition is concerned, the petitioners shall file individual representation before opposite party no.1 within one month from today and such 4 representation shall be disposed of by opposite party no.1 within a period of six months from the date of its filing in the light of the decision rendered by this Court in the case of Nrusingha Ch. Swain (supra) in W.P.(C) No.11333 of 2003 and other batch of cases involving similar questions. (iii) Petitioner no.1 shall file representation before the competent authority regarding deposit of his E.P.F. dues within one month from today and his representation shall be disposed of within a period of three months thereafter. 6. With the aforesaid observation, the writ petition is disposed of. 7. Requisites for communication of this order to the opposite party members by registered post with AD shall be filed by the petitioners within one week. On filing of such requisites, this order shall be communicated to the opposite parties concerned along with the copy of the writ petition. …………………… Orissa High Court, Cuttack. The 16th day of December, 2011. /Parida. 5