* Retrenchment of SC/ST staff challenged *
Legal Correspondent
http://www.hindu.com/2008/01/11/stories/2008011160151400.htm
* Employee performance wrongly evaluated *
------------------------------
* *

*"Management not following the social obligation"*

*VSNL pursuing an arbitrary policy: samiti*
* *
------------------------------

New Delhi: The Supreme Court on Thursday issued notice to the Centre and
Videsh Sanchar Nigam Ltd. on a petition challenging retrenchment of a large
number of Scheduled Castes and Scheduled Tribes employees after the Union
government divested 25 per cent stake in the VSNL, when it was a public
sector undertaking.

A Bench of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran also
issued notice to the National Commission for Scheduled Castes and Scheduled
Tribes on the petition seeking a direction to the authorities to stop
further retrenchment of SC/ST employees.

The petitioner, Videsh Sanchar Nigam SC/ST Welfare Samiti, alleged that
company's staff members belonging to SCs/STs were under threat of
termination as the performance of 75 per cent of them had been wrongly
evaluated as unsatisfactory or marginal. It said: "The evaluation did not
follow scientific criteria, but have been mala fide designed to retrench the
services of majority of the existing employees, who have been inherited by a
strategic partner along with a 25 per cent stake."

It submitted that after the divestment, the company management was not
following the social obligation of providing sufficient job opportunities to
SCs/STs. It pointed out that the VSNL had given an undertaking to the Centre
that the safeguard for SC/ST employees would continue after the
disinvestment, but it was now following an arbitrary and discriminatory
policy."

The petitioner alleged that the decision to retrench the employees belonging
to weaker sections of society was informal and due to this, the company had
retained only 194 old employees who were either employees at the time of the
Overseas Communication Service, Government of India or at the time when the
VSNL was a public sector company. The government was still holding majority
stake.
 "Safeguard rights"

It said that the company had recruited a large number of new employees and
there was no representation for members of the SC/ST categories, and the
percentage of such employees had come down to 4.2 per cent. It sought a
direction to safeguard the fundamental rights of the SC/ST employees as per
the undertakings given in 2001 and 2002.

*~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Ours is a battle not for wealth or for power.
It is a battle for freedom. It is a battle for the reclamation of human
personality."
- Dr BR Ambedkar
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ *

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