JIYAJIRAO COTTON MILLS Vs. B.I.F.R.

JUDGEMENT

(1.) By filing I.A. No. 803/2012 the employees as per enclosed list (from "Ishwar Krishna Tripathi to Ram Govind") (1032 in Nos.) prayed that the Provident Fund Organization (PF Organization) be directed to start, pension for these employees by treating the pay and allowances payable on 4.5.1998. The Official Liquidator (OL) has filed reply dated 12.8.2013. The PF Organization has also filed reply and stated that no relief is due to these employees.

(2.) Before dealing with the rival contentions, it is necessary to narrate certain relevant facts. Admittedly J.C. Mill was wound up on 4.5.1998. The PF Organization is paying pension to 6036 employees. 1032 employees have preferred I.A. No. 803/2012 with the prayer mentioned above. It was supported by I.A. No. 385/2013 filed by the Trade Union.

(3.) The stand of the applicants is that the PF Organization has deducted fund/contribution of 8037 employees. This includes names of 1032 employees, for whom the present I.A. is filed. By drawing attention of this Court on the report of Commissioner, Shri Trivedi, it is contended that as per his report, 7836 employees were on the rolls and this list of 7836 employees includes names of present 1032 employees. It is common ground taken by Shri A.K. Jain and Shri Vivek Jain that since the contribution of 8037 employees is already deducted by the PF Organization, they are entitled to get pension as per the relevant Pension Scheme. By drawing attention of this Court on various provisions of Pension Schemes of 1971 and 1995, it is urged that 1032 employees are eligible and are entitled to get pension.