BASANT KUMAR SHARMA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE petitioner had taken up employment in Saudi Arabia. Under the laws of saudi Arabia, each employee was required to deposit 5% of his salary in a pension scheme. The employers were also required to contribute 8% towards pension scheme.

(2.) IN 1987, Government of Saudi Arabia scraped the said scheme and 5% contribution deposited by the employees were refunded and 8% contribution of the employers was directed to be utilized under another pension scheme. The petitioner has been refunded his 5% contribution but his grievance is that the 8% contribution of the employers has not been paid to him.

(3.) THE petitioner has been writing to the Government of India with regard to his grievance. The documents placed on record show that the petitioner was informed that the matter was taken up with the Government of Saudi Arabia, but in view of their response, nothing further can be done. Reference in this regard can be made to the letter dated 6th October, 1991, written by the embassy of India to the petitioner (Annexure P-3), which reproduces and gives details of stand of the Government of Saudi Arabia and the refund criteria. It also states that the authorities had issued a statement in December, 1989, ruling out the payment of employers' contribution of 8% to the employees and the fact that the said amount has been utilized in another pension plan, which was introduced for the benefit of the employees including the Indian workers. It is stated in the letter that most of the employees have already settled their claims.