S MATHARAIYAN Vs. ASSISTANT PROVIDENT FUND COMMISSIONER PENSION

JUDGEMENT

(1.) The short question that arises for my consideration in the writ petition is whether the petitioners are entitled to pension under the Employees' Pension Scheme, 1995, (for brevity 'EPS, 1995') as agreed to between the petitioners and the second respondent -Transport Corporation in a settlement under Section 12(3) of the Industrial Disputes Act, (for short 'the I.D. Act'), on 13.2.1999 wherein it is provided as follows: Pension: -

(2.) Mr.C.Manohar, learned counsel appearing for the petitioners, submits that the settlement dated 13.2.1999 entered into between the petitioners and the second respondent -Transport Corporation under Section 12(3) of the I.D. Act, confers a statutory right on the petitioners to seek the benefit of the EPS, 1995, to which they had already opted as per Clauses 18 and 19 of the said settlement dated 13.2.1999 and also paid their contribution for the period from May 1975 to August 1 976 even as demanded by the second respondent -Transport Corporation in the proceedings dated 2.8.1999. Such right cannot be interfered with or such benefit cannot be denied.

(3.) Per contra, Mr.D.Narayanan, learned counsel appearing for the second respondent -Corporation, submits that the G.O.Ms.No.157, Labour and Employment Department, dated 27.9.2000, referred to above, was issued by the Government by exercising the power conferred under Section 16(1)(b) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, which reads as follows: 16. Act not to apply to certain establishments: - (1) This Act shall not apply: - (a) ... (b) to any other establishment belonging to or under the control of the Central Government or a State Government and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by the Central Government or the State Government governing such benefits; and therefore, the employees of the Transport Corporation are not entitled to the benefit of the old scheme viz., EPS, 1995, after framing the scheme under the Employees' Provident Fund and Miscellaneous Provisions Act, viz., new scheme, as per the said Government Order.