K.G.SESHADRI Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The order dated 24.09.2010 passed in CP.No.5 of 2010 is under challenge in the present writ petition.

(2.) The writ petitioner was an employee of the State Bank of India and he joined the service of the respondent company on 17.08.1978, as a clerk and he served upto 12.12.1998. The petitioner claims that he is eligible for pension, as per the pension scheme namely the State Bank of Indian Employees Pension Fund. However, the second respondent/management refused to grant the pension under the pension scheme, resulted in the filing of a claim petition by the writ petitioner under Section 33(C)(2) of the Industrial Disputes Act.

(3.) The learned counsel for the writ petitioner states that the labour Court committed an error in considering the case of the writ petitioner, as he is fully eligible to get the pension under the pension scheme and his rights are being ensured under the scheme. Inspite of existence of the pension scheme in favour of the employee of the State Bank of India, the Labour Court dismissed the claim petition on the ground that the petitioner has not established a pre- existing right, so as to maintain the petition under Section 33(C)(2) of the Industrial Disputes Act. The learned counsel for the writ petitioner relying on the principles laid down for entertaining the claim petition under Section 33(C)(2) emphasized that the findings of the Labour Court in this regard are contrary to the established principles of law. Thus, the order passed in the claim petition is liable to be scrapped.