Long work hours not a valid reason for VRS: Supreme Court
The bench pointed out that working more than 18 hours in hazardous conditions cannot be a ground to give the jobs to the wards of SCCL employees.
Hyderabad: The Supreme Court on Monday refused to entertain a special leave petition moved by Telangana Boggu Gani Karmika Sangham, challenging an order of a division bench of the Hyderabad High Court that set aside the Voluntary Retirement Scheme on Health Reasons, introduced by the Singareni Collieries Company Ltd (SCCL) to fill hundreds of posts with wards of its existing employees.
A three-member bench comprising Chief Justice J.S. Khehar, Justice D.Y. Chandrachud and Justice Sanjay Kishan Kaul dismissed the SLP by the Boggu Gani Karmika Sangham.
P.P. Rao, senior counsel appearing for the petitioner, submitted that the principal object of the scheme is the welfare of employees who work in extremely hazardous conditions in deep underground mines of up to 400 metres depth for more than 18 hours a day.
The bench pointed out that working more than 18 hours in hazardous conditions cannot be a ground to give the jobs to the wards of SCCL employees.
On March 16, 2017, a division bench of the High Court had set aside the scheme, declaring that the circular that was issued for introduction of the scheme violated the fundamental right of equality and equal opportunities guaranteed under Article 14, 16 and 21 of the Constitution.
The Singareni Collieries Company Ltd on December 20, 2016 issued a circular introducing “Voluntary Retirement Scheme on Health Reasons”, to enable the eligible National Coal Wage Agreement (NCWA) employees to opt for retirement, in consideration of the company providing employment to male dependent of the retiring employee.
As per the scheme employees aged between 48 years and 58 years can opt for retirement to enable the company to grant employment as Badli Worker (Underground), Category-I to one of the male dependents. The employees should have a leftover service of minimum 2 years as on the date of application, they are certified as medically infirm by the Company’s Medical Board, to continue in service and those who have more than two years of service as on the date of the application should continue to work till the age of 58 years so that they have a clear two years of left over service.
As a one-time measure the stipulation of two years left over service will be relaxed in respect of employees having more than one year of left over service as on October 11, 2016 provided they apply within the notified period from January 1, 2017 to March 31, 2017.
K. Satish Kumar an unemployed from Godavarikhani town moved a PIL before the Hyderabad High Court on February 1, 2017 challenging the circular contending that it was violative of fundamental right of equality and equal opportunities guaranteed under Article 14, 16 and 21 of Constitution.