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Hindustan Zinc Limited vs. Union of India & Ors.

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Industrial Disputes Act, 1947–Secs. 10 & 25-H–Reference–Maintainability –Appellant-employer introduced the voluntary retirement scheme–Workmen accepted same and availed the benefit thereunder–Thereafter, reference for retrenchment–One of the clauses of scheme that all the disputes/claims including claim for rainstatement shall be deemed to have been settled in full and final by virtue of this settlement and he shall not raise any dispute–Respondent-workman agreed to the terms and conditions–Held, they are estopped from re-agitating the same–Further held, there was no retrenchment or termination as they adopted all the benefits of voluntary retirement scheme–Order of reference itself was illegal–Respondents were not entitled to invoke the provisions of Industrial Act as the the contract/employment came to end when they accepted the scheme–Terms of reference quashed and set aside.