KATHEEJA BAI Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) Smt Katheeja Bi, is the widow of Abdul Salam who retired as a Line Inspector, Grade I, in the employment of the Tamil Nadu State Electricity Board on 31-7-76 and who unfortunately died on 15-10-76. Smt. Katheeja Bi failed to get from her late husband's employers certain amounts which she claimed were due to her husband. She knocked continuously, but in vain, at the doors of the Regional Provident Commissioner, Madras, Central Provident Commissioner, New Delhi and the Minister for Labour Government of India for several years for redress. In sheer desperation she ultimately turned to this Court as a last resort. Unable to engage a lawyer, she addressed a letter to a learned Judge of the Court setting forth her grievance. After being processed in the Registry, the letter was treated as a Writ Petition under Art. 32 of the Constitution. A Rule Nisi was issued and the Tamil Nadu State Electricity Board have appeared before us through counsel. At our request Sri Gopala Subahmanyam argued the case for the widow as amicus curiae. He presented the case with understanding and thoroughness and we are grateful to him. as also to Dr. Chitaley who presented the employer's case with his usual fairness.

(2.) In exercise of the powers conferred by Section 79(c) of the Electricity Supply Act, 1948, the Tamil Nadu Electricity Board made the Tamil Nadu Electricity Board Contributory Provident Fund Regulations. Regulation 3 provides for the establishment of a fund known as the Tamil Nadu Electricity Board Employees' Contributory Provident Fund, with effect from 1-7-57. Regulations 3-A to 3-K provide for the management and administration of the fund by the Board of Trustees. Regulation 4 prescribes that the Fund shall be governed by the regulations as may be in force for the time being but provides that no addition, alteration or repeal, of any regulation which may adversely affect a subscriber shall be retrospective. Regulation 5 provides that all employees who are eligible for the Contributory Provident Fund (Tamil Nadu) Scheme and Gratuity Scheme of the Government of Tamil Nadu except certain categories of employees with whom we are not concerned shall become subscribers to the fund on completion of three months continuous service. Regulation 6 prescribes that an account shall be opened in the name of each member in which shall be credited, the member's subscriptions and interest thereon, the contributions made by the Electricity Board to his account and interest thereon and the pre-existing accounts before the Electricity Department was taken over by the Electricity Board. Regulation 9 provides for subscription to the fund by members at the rate of 71/2% of pay plus dearness allowance. Regulation 11 provides for contribution by the Electricity Board to the account of each member at the rate of 71/2% of pay plus dearness allowance. The member's subscription along With the Electricity Board's Contribution is required to be credited to the individual account of the member before the 15th of every month. Regulation 37 prescribes that the Electricity Board shall credit to a member's Provident Fund account a special contribution calculated in the specified manner, in addition to the contribution credited under Regulation 11, if the Board is satisfied that the service of the member has been good, efficient and faithful and the member has not been dismissed from service or the member has not been removed from service in which case the sanction of the Board has to be obtained. In the case of a Class I or Class II employee who quits service on attainment of the age of superannuation, he is to be credited, if his service exceeds 18 years with six months pay plus half a month's pay for each completed year of service after the 18th but not so as to exceed, in all, twelve months' pay or rupees twenty-five thousand, whichever is less. If the employee's service does not exceed 18 years, he is to be credited with half a month's pay for each completed year of service so as not to exceed six month's pay. In the case of a Class III or Class IV employee who has attained the age of superannuation after 16 years' service, the Electricity Board is required to credit his account with half a month's pay for each completed year of service, but not so as to exceed 15 months' pay. If the service is short of 15 years, he is to be credited with half a month's pay for each completed year of service so as not to exceed six months' pay. It is provided in Regulation 37 that pay for the purpose of reckoning special contribution shall be the pay last drawn during the last three years of service, whichever is more. The Board is also empowered to withhold or reduce the Special Contribution in any particular case.

(3.) At this stage, we may refer to Section 12 of the Employees' Provident Funds, And Miscellaneous Provisions Act, 1952 which prohibits an employer from reducing directly or indirectly the total quantum of benefits in the nature of old age Pension, Gratuity or Provident Fund or Life insurance to which the employee is entitled under the terms of his employment, express or implied, by reason only of his liability for the payment of any contribution to the Fund (which is defined by Section 2 (h) as meaning a Provident Fund established under the Employees' Provident Fund Scheme framed under Section 5).