JOSEPH DENNIS T.P. Vs. UNION OF INDIA

JUDGEMENT

(1.) The substantial prayer raised in these writ petitions is a challenge against the circular issued by the respondent Bharat Petroleum Corporation Ltd. (BPCL for short) dated 10.6.2021 amending the eligibility conditions of employees for coverage under the Post Retirement Medical Benefits Scheme. The contention of the petitioners is that the provisions in the circular, especially Clause 2(iii) thereof, which states that employees with less than 15 years of service as on 1.6.2021, would not be eligible for the Post Retirement Benefits is directly against the provisions of the Long Term Settlement entered into between the respondent Corporation and its employees and is therefore illegal.

(2.) Heard Sri.Elvin Peter and Sri. C.S. Ajith Prakash, the learned counsel for the petitioners, Sri.J.P.Cama, learned Senior Counsel appearing for the Bharat Petroleum Corporation Ltd., as instructed by Adv.Benny Thomas and Sri. P. Ramakrishnan, learned counsel appearing for the additionally impleaded respondents.

(3.) It is contended by the learned counsel for the petitioners in W.P.(C).No.12838 of 2021 that Clause 42 of the Long Term Settlement specifically provides for Post Retirement Medical Benefits. The clause reads as follows:-