SAJU A. R. Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ petitioners in W.P(C). No.12917 of 2021 are two employees of Bharat Petroleum Corporation Limited, Kochi Refinery and petitioners 1 to 4 in W.P(C).No.12838 of 2021 are another set of employees of the same management. Petitioners 5 to 8 in W.P(C).No.12838 of 2021 are the Association of the employees and workmen in BPCL. The company and its Chief General Manager are arrayed as the respondents in both the writ petitions. The dispute relates to the Post Retirement Medical Benefit Scheme (PRMBS)

(2.) Bharat Petroleum Corporation Limited (for short, 'BPCL') and the various employees entered into a long term settlement dtd. 28/8/2002 for a period of 10 years covering the period from 1/8/2008 to 31/7/2018. The significant clause in issue in the writ petitions is clause 42, which provides as follows: 42. Retirement Benefits: In accordance with Government guidelines, retirement benefits including contributory Provident Fund, Gratuity, New Pension Scheme, Post Retirement Medical Benefits and Monthly Ex-Gratia Scheme (MEGS) shall be within the ceiling of upto 30% of revised Basic Pay + Stagnation Relief Increment (if any) and DA with effect from 1/8/2008.

(3.) The employees and workmen who belong to Sub Executive level cadre staffs were governed by the above long term settlement. Relevant portions of the above settlement is produced as Ext.P4 in W.P(C).No.12838 of 2021 and the full text of the long term settlement is produced as Ext.R2(b) along with the counter affidavit filed by the BPCL.