REGIONAL DIRECTOR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioners seek issuance of a writ of mandamus to direct the ONGC to forbear from deducting any amount pursuant to its circular No. 40 dated June 18, 1998, towards post Retirement and Death in service Benefit scheme (for short, 'prbs'), from November 16, 1995 from the salary of the petitioners.

(2.) BACKGROUND facts : the controversy in these writ petitions and writ appeals relate to PRBS, which is managed and controlled by a Trust as per the Trust Deed dated October 23, 1991. Petitioners are members of Association of Scientific and technical Officers (ASTO ). In order to keep healthy relationship with employees and for their welfare, after various discussion, ONGC evolved PRBS with effect from April 1, 1990 as a welfare scheme. The scheme provides for benefits to the employee or their dependants in the event of permanent total disablement or death, over and above the amount payable under the Workmen's Compensation Act.

(3.) THE draft scheme was approved by the government of India on September 18, 1991 and by the Income Tax Department on February 5, 1991. The scheme is to take care of the post retirement needs of employees of ONGC and provide social security to the dependents of the deceased employees. As per the then scheme in 1990, scheme would be optional to the then serving officers and compulsory for those officers who joined the services of ONGC on april 1, 1990 and thereafter.