VASANT VITHAL PRABHU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner served initially a commercial concern, the Indo Burma Petroleum Company. He retired from the service on 31-7-1988. Many developments had taken place in the intervening period. What was till then a private company was taken over by the Government in 1970. Indo Burma Petroleum Company Limited thus became a Government Company with the earlier employees continuing in its service. The take-over conditions, and the terms and conditions of services of the employees of the Indo Burma Petroleum Company were same as with the Balmer Lawrie Group of Companies. The services of the petitioner and the other employees of the Indo Burma Petroleum were thus transferable to another group of Companies known by name Balmer Lawrie Group

(2.) RETIREMENT benefits due to an employee, in the evening of his life, given some solace and some saurcour to him. It is understandable that he has a great expectation, in having the greatest help by way of retiral benefits. In the present case, there was a yawning gap between the petitioners expectation, and the second respondents preparedness in the matter of the payment of retirement benefits.

(3.) EMPLOYEES who retire after 1-1-1989, are given the benefits of superannuation scheme, the details of which have been generally indicated, and clearly discernible from the Settlement of Trust and the Settlement Deed of Trust, Exhibit 4. Initially, it was visualised that the superannuation scheme would be effective from 1-1-1988. One of the requisites was a nominal contribution by the employees concerned. The petitioner indicated his desire to join the scheme and enclosed a cheque of Rs. 1,000/- towards part payment of his contribution, under Exhibit 1 dated 27-7-1988. .