R.N.Mishra And ORS. v. Hsidc And ORS.

 

  
        
  

  

 



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**/ "Sub: Absorption of surplus staff of Autonomous bodies in Haryana State.

Sir, I am directed to refer to the subject cited above and to state that the matter regarding absorption of surplus employees of various public undertakings and enterprises Government considered has for been under consideration of the some time. For the purpose, it is considered necessary to work out the requirements of the staff afresh in accordance with the present work load and to assess surplus staff. The regular staff, the i.e., the staff which has the security of job in the organization and but for retrenchment, would have continued at the job, rendered surplus, will alone be the part of surplus pool and eligible for absorption. Accordingly, you are requested to work out the details of such regular

+ employees to be rendered surplus and to send the same to Chief Secretary in surplus cell (General Service II Branch) to enable the deployment of such staff elsewhere within one month. The said details should clearly indicate the names, qualifications, experience, designation pay scale and present pay of staff being rendered surplus. It is, however, the staff efforts observed that in case of employees retrenched under the due process of law, there would not be any lien of this surplus staff in the Organization. However, efforts would be made to absorb them in other organizations and Govt. Departments where suitable vacancies exist/arise and this would be done only after necessary relaxation in instructions regarding the source recruitment if permitted by the Government.

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This may please be treated as most immediate."

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Pramod Jha and others vs. State of Bihar and others (2003) 4 SCC 619,
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 ; "9. We have given our anxious consideration to submission and counter; submission made before us in the light of the pleadings and undisputed documents available on record. We are of the opinion that the appeals are devoid of any merit and liable to be dismissed. The underlying object of Section 25F is two;fold. Firstly, retrenched employee must have one month's time available at his disposal to search for alternate employment, and so, either he should be given one month's notice of the proposed termination or he should be paid wages for the notice period. Secondly, the workman must be paid retrenchment compensation at the time of retrenchment, or before, so that once having been retrenched there should be no need for him to go to his employer demanding

  retrenchment compensation and the compensation so paid is not only a reward earned for his previous services rendered to the employer but is also a sustenance to the worker for the period which may be spent in searching for another employment. Section 25F nowhere speaks of the retrenchment compensation being paid or tendered to the worker along with one month's notice; on the contrary clause (b) expressly provides for the payment of compensation being made at the time of retrenchment and by implication it would be permissible to pay the same before retrenchment. Payment of tender of compensation after the time when the retrenchment has taken effect would vitiate the retrenchment and non; compliance with the mandatory provision which has a beneficial purpose and a public policy behind would result in nullifying the retrenchment."

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