VidhiSangh

Supreme Court of India · 26/10/2021

MODIFIED VOLUNTARY RETIREMENT SCHEME OF 2002 OF AZAM JAHI MILL WORKERS ASSOCIATIONNATIONAL TEXTILE CORPORATION LIMITED & ORS. versus NATIONAL TEXTILE CORPORATION LIMITED & ORS.

[2021] 11 S.C.R. 321 · 2021 INSC 677

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court directed equal rehabilitation treatment for 318 former mill workers who had vacated their quarters, compared with 134 similarly placed former workers allotted free 200-square-yard plots. Compliance with eviction notices was not a rational basis for denying the welfare benefit while rewarding continued unauthorised occupation. The constitutional equality claim was enforceable by mandamus against State instrumentalities. The Single Judge’s relief was restored, and the allotment exercise was directed to be completed within six months.

Issues

  1. Whether former workers who vacated quarters could be denied the rehabilitation plots granted to otherwise similarly situated workers who remained in occupation.
  2. Whether Article 14 supplied an enforceable basis for mandamus despite the absence of a contractual entitlement to plots.

Provisions considered

Held

Result

Appeals allowed without costs; Division Bench judgment set aside and Single Judge’s order restored. Respondents, particularly KUDA and the concerned authority, directed to complete the plot-allotment exercise for the remaining 318 workers within six months, with liberty to seek additional land.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 321.