Holding that retrenched employees do not have a right to absorption in other government wings, the Supreme Court has set aside a High Court order for hiring 460 workers laid off by the UP State Mineral Development Corporation.“Such a right must be a subsisting right and enforceable in a court of law,” a bench of Justices C K Thakker and D K Jain observed, while upholding an appeal filed by the Uttar Pradesh Government.The State had appealed against the orders of a division bench of Allahabad High Court which ruled that the retrenched workmen should be absorbed in other Government departments or public sector undertaking and paid compensation.According to the UP Government, the High Court’s order was erroneous, as it should not have entertained the petition filed by the aggrieved employees since the dispute had to be adjudicated only by the State Industrial Tribunal.Agreeing with the State’s view the apex court said the High Court failed to consider the relevant rules while passing the directions.The bench noted that the High Court failed to consider the State Government’s plea that it has framed statutory rules for absorption of employees only on fulfilment of certain conditions.“If the field was occupied by statutory rules, the employees could get right only under those rules. The High Court was equally bound to consider those rules and come to the conclusion whether under the statutory rules, the retrenched employees were entitled to absorption,” the bench said.
