In Brief
NMR (non-regular) workers at a hydroelectric project challenged a Voluntary Separation Scheme (VSS) claiming it was imposed through fraud and coercion. They sought reinstatement under Section 33 of the Industrial Disputes Act. The Labour Court found the VSS was 'thrust upon' them and ordered reinstatement with back-wages. The Supreme Court held the workers' allegations lacked proper pleading and evidentiary support. The scheme had been notified, discussed with the union (which sought enhanced benefits), and workers signed applications in witnesses' presence and received full monetary benefits. The Court found no pervasive evidence of fraud or duress and set aside the award, dismissing the workers' application. However, 28 workers who had deposited amounts were ordered refunds with 8% interest.
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