| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Art. 14 – Right to equality |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Constitution of India |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Constitution of India: Art. 14 – Right to equality – with another class of ex-employees who are allotted the plots – Thus, the order passed by the Division Bench is quashed and set aside and that of the Single Judge is restored. Art. 14 – Concept of equality – Valid classification – Held: Art. 14 may permit valid classification – Classification must necessarily satisfy two tests-distinguishing rationale has to be based on a just objective, and the choice of differentiating one set of persons from another must have a reasonable nexus to the objects sought to be achieved. 318 ex-employees of the erstwhile Mill seeking parity with a group of 134 ex-employees who were allotted 200 sq. yards of plots free of cost – Workers/employees of the Mill were allotted employees’ quarter constructed and owned by the Mill – Said employees including the members of the workers association took voluntary retirement – Thereafter, issuance of notice to vacate the quarters – 318 employees including the members of the association forcefully evicted, however, 138 employees continued to stay in their respective quarters – Subsequently, closure of the Mill and major portion of the land allotted to Kakatiya Urban Development Authority-KUDA – Submission of proposal by KUDA to State Government to allot 200 sq. yards developed plot free of cost to each of 134 ex-employee of the Mill as a rehabilitation and welfare measure, which was accepted by the State Government – Thereafter, representation by 318 retired workers seeking allotment of 200 sq. yard plot as allotted to other 134 workers – Writ petition by the Workers Association – Allowed by the Single Judge, however, dismissed by the Division Bench – On appeal, held: Remaining 318 ex-employees of the erstwhile Mills can claim the parity and equality vis-a-vis other similarly situated 134 ex-employees of the Mills and can claim 200 Sq. Yards of plots free of cost – As a law abiding person, 318 employees vacated the quarters and as such they cannot be put to disadvantageous situation – To allot 200 Sq. Yards of plots to 134 ex-employees to avoid undue hardship to the ex- employees and as a rehabilitation and welfare measure, and not to other ex-employees similarly situated, would be discriminatory and violative of Art.14 – There is no rationale justification in providing differential treatment to one class of ex-employees similarly placed |
| Judge | Hon'ble Mr. Justice M.R. Shah |
| Neutral Citation | 2021 INSC 677 |
| Petitioner | Modified Voluntary Retirement Scheme Of 2002 Of Azam Jahi Mill Workers Associationnational Textile Corporation Limited & Ors. |
| Respondent | National Textile Corporation Limited & Ors. |
| SCR | [2021] 11 S.C.R. 321 |
| Judgement Date | 2021-11-26 |
| Case Number | 6260 |
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