NDLI: Himachal Road Transport Corporation & Anr Vs. Himachal Road Transport Corporation Retired Employees Union

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Pension: Fixation of cut-off date for implementing pension scheme
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Pension: Fixation of cut-off date for implementing pension scheme – Whether discriminatory – Employees of the appellant Corporation were governed by the Contributory Provident Fund Scheme – Appellant Corporation introduced Pension scheme in the year 1995 – Cut-off date for implementation of pension date was fixed as 5.6.1995 that is from the date on which Scheme was approved by the Cabinet/Government – Plea of respondent-Union that the fixation of cut-off date was arbitrary and discriminatory – Held: Employees of the appellant-corporation who were governed by the Contributory Provident Fund Scheme and retired prior to 5.6.1995 and the employees of the appellant Corporation, who were in service and continued after 5.6.1995, cannot be treated as a homogeneous class – Retired employees, who were governed by the Contributory Provident Fund Scheme, on their retirement had already received the benefits of such Scheme, and constituted different class than those employees who were in service as on 5.6.1995 – It is always open for the employer to introduce new Schemes and benefits, having regard to financial health of the employer – Whenever such new benefit is extended for the existing employees, retired employees cannot seek such benefit, merely on the ground that they too were the former employees of the Corporation – When the members of the respondent-Union retired, there was no Pension Scheme at all – They were merely governed by the Contributory Provident Fund Scheme and, on retirement, they were already granted the benefit of such Scheme – In that view of the matter, retired employees cannot question the cut-off date fixed for grant of Pension Scheme.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2021 INSC 105
Petitioner	Himachal Road Transport Corporation & Anr
Respondent	Himachal Road Transport Corporation Retired Employees Union
SCR	[2021] 2 S.C.R. 104
Judgement Date	2021-02-22
Case Number	7230

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