A.K. BINDAL AND ANR. versus UNION OF INDIA AND ORS.

A.K. BINDAL AND ANR. versus UNION OF INDIA AND ORS.

Employees of sick public sector undertakings who have accepted the Voluntary Retirement Scheme with full knowledge and without protest cannot subsequently claim revision of pay scales for past periods. The Government is under no legal or constitutional obligation to provide additional budgetary support for wage...

Source-derived case information.

Parties
Petitioner: A.K. Bindal; Petitioner: Dr. K.P. Sinha; Respondent: Union of India; Respondent: Secretary, Department of Fertilizers, Ministry of Chemicals & Fertilizers, Govt. of India; Respondent: Secretary, Department of Public Enterprises, Ministry of Industry, Govt. of India; Respondent: Fertilizer Corporation of India Ltd. (FCI); Respondent: Hindustan Fertilizers Corporation Ltd. (HFC)
Jurisdiction
India
Judgment Date
25 April 2003
Procedural Posture
Transferred Case (c) No. 8 of 2000 With Connected Cases / Final Judgment
Outcome
Dismissed
Legal Topics
Revision of Pay Scales, Voluntary Retirement Scheme (vrs), Status of PSE Employees, Budgetary Support for Public Sector Undertakings
Service Law Constitutional Law Revision of Pay Scales Voluntary Retirement Scheme (vrs) Status of PSE Employees Budgetary Support for Public Sector Undertakings

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Summary, issues, holding and outcome

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Parties

A.K. Bindal

Petitioner

Dr. K.P. Sinha

Petitioner

Union of India

Respondent

Secretary, Department of Fertilizers, Ministry of Chemicals & Fertilizers, Govt. of India

Respondent

Secretary, Department of Public Enterprises, Ministry of Industry, Govt. of India

Respondent

Fertilizer Corporation of India Ltd. (FCI)

Respondent

Hindustan Fertilizers Corporation Ltd. (HFC)

Respondent

Procedural Posture

Transferred Case (c) No. 8 of 2000 With Connected Cases / Final Judgment

Legal Issues

  1. 1 Whether employees of sick Public Sector Enterprises have a legal right to revision of pay scales despite lack of financial capacity
  2. 2 Whether the Government should provide continuous financial support to sick PSEs for wage revision
  3. 3 Whether acceptance of VRS extinguishes right to claim pay revision for past period

Ratio Decidendi

Employees of sick public sector undertakings who have accepted the Voluntary Retirement Scheme with full knowledge and without protest cannot subsequently claim revision of pay scales for past periods. The Government is under no legal or constitutional obligation to provide additional budgetary support for wage revision in sick PSEs, and non-revision of pay scales does not amount to violation of fundamental rights under Articles 21 or 14.

Court Disposition

Dismissed

Orders

  • Transferred Petitions are dismissed. No costs.