Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pension – Rajasthan State Road Transport Corporation Employees Pension Regulations 1989 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Rajasthan State Road Transport Corporation Employees Pension Regulations (0 of 1989) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Pension – Rajasthan State Road Transport Corporation Employees Pension Regulations, 1989 – The State Government closed the Rajasthan State Agro Industries Corporation Limited and declared all its employees as surplus – The surplus employees were absorbed in different Corporations – The State issued a circular on 02.07.1991 containing guidelines for absorption of surplus employees – The respondent no. 1 was absorbed in appellant- Rajasthan State Road Transport Corporation – The respondent was given an option to opt for either CPF scheme or the GPF and pension scheme – The respondent opted for the pension scheme under Regulations, 1989 – Pursuant to the option opted by the respondent no. 1, the appellant-Corporation directed for transfer of amount – The contribution of employees as well as contribution of employer deposited with the Provident Fund Commissioner was transferred to the appellant-Corporation – However, the Rajasthan Agro Industries Corporation Limited informed that pension scheme being not applicable in Agro Industries Corporation, capital value, amount in regard to absorbed employee is not due to the appellant- Corporation – Respondent filed writ petition – The High Court held that respondent-writ petitioner was entitled to get pension – In another civil appeal, the other respondent after absorption also gave an option for opting for GPF and pension scheme – Not being given the benefit of GPF and pension, writ petition was filed by him – The writ petition was allowed – Both the appeals having raised similar issues are before the Supreme Court – Held: The regulation 43 of the Regulations, 1989 makes it clear that except those employees who have opted for continuing to CPF, employer’s share shall be transferred to the appellant-Corporation Pension Fund and the employees share with interest shall be transferred to appellant-Corporation GPF Fund – For the employees who were entitled to grant of pension there is mention of only two funds that is pension fund and GPF fund – The employer’s share was to be transferred to Pension Fund and employee’s share shall be transferred to GPF Fund – Further, clause 11(b) of circular dated 02.07.1991 makes it clear that when the respondent was absorbed in appellant-Corporation the balance in CPF Account of the surplus employees would be transferred in GPF Account and the Pension Fund respectively – Since, the Certificate issued by the Regional Provident Fund Commissioner makes it clear that the contribution of employee and employer was transferred to the appellant- Corporation – Thus, it was the obligation of the appellant- Corporation to credit the amount in Pension fund and GPF fund – Neither Regulations, 1989 nor circular dated 02.07.1991 refers to any capital amount – There was no obligation of erstwhile employer of the respondent to transfer any capital amount – Neither any such capital amount was contemplated by 1989 Regulations or by scheme of absorption dated 02.07.1991 – There was no justifiable ground for the appellant for not sanctioning the claim of Pension of the respondent after his retirement – Therefore, the High Court did not commit any error in allowing the claim of the respondent for pension |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 539 |
Petitioner | Rajasthan State Road Transport Corporation And Others |
Respondent | Goverdhan Lal Soni And Anr. |
SCR | [2020] 10 S.C.R. 238 |
Judgement Date | 2020-09-09 |
Case Number | 1789 |
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