H M R RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) The short point involved in this writ petition is whether post-pensionary benefits can be withdrawn by an employer ?

(2.) The relevant facts, rules/notifications and Circulars in this regard issued by the respondent \employer have to be scrutinised for the purposes of determination of this issue. Brief facts are, petitioner No. 1 worked with the respondent in different capacities for nearly 28 years. Ho retired on 31st August, 1990 on attaining the age of superannuations as Engineering Manager. Petitioner No. 2 retired as Deputy Operation Manager and: petitioner No. 3 retired on- 30th April, 1994 as Manager Technical Training CTE Hyderabad. Petitioner No. 4 retired on 30th October, 1980 as Officer Superintendent and the petitioner No. 5 retired as Senior Technical Assistant on 31st May, 1992. At the time of their retirement, respondent No. 2 issued notices staling therein that. they. would be entitled to retiremental benefits admissible to retired employees under, the Service Regulations. - Alongwith these letters, list of. certain facilities for retired employees were enclosed under the heading "Benefits for Retired Employees". One of the benefit was medical facilities to retired employees and their spouses (contributory scheme). The facilities which are relevant.for.the determination of the grievances of the petitioners are summed up as under :

(3.) The respondent No. 2 Indian Airlines Limited is a company fully owned by the Government engaged in the conduct of air transportation in and out of the country. The Central Goverenment. . enacted Air Corporation (Transfer of Undertakings and Repeal) Act, 1994 (hereinafter called the Act). Under Section 9 of the said Act, the Central Government enjoys the overall powers of supervision and control over respondent No. 2. 'Thus for the purpose of guidance and legulations and for direction. the respondent No. 2 looks towards the Central Government. The affairs of respondent No. 2 are also controlled by the Central Government.