All Assam STATFED Karmachari Aikya Manch and Ors. Vs. State of Assam and Ors [(2014) 5 GLR 69]
VRS is formulated for the benefit of the employees and the same is in the nature of welfare legislation
14. …. In my opinion the impugned decision of the answering
respondents is the result of non-application of mind and arbitrariness. In
their anxiety to avoid more financial burdens, which, as now found by me, turn
out to be their actual liabilities, they have evidently done gross injustice
upon the members of petitioner-associations. In my opinion, the VRS is
formulated for the benefit of the employees and the same is in the nature of
welfare legislation. In construing the provisions of such welfare schemes, in
my judgment, Courts should adopt what is described as a benefit rule of construction.
If two constructions are reasonably possible to be placed on such a provision,
it follows that the construction which furthers the policy and object of the
scheme and is more beneficial to the employees, has to be preferred. This calls
for interference of this Court.