MANAGEMENT OF BOISAHABI Vs. PRESIDING OFFICER

JUDGEMENT

(1.) HEARD Mr. P. J. Saikia, learned counsel appearing for the petitioner/management. Also heard Ms. A. Bhattacharyya, learned counsel who appears for respondent Nos. 2 and 3 who are representing the interest of the workmen.

(2.) THE filing this writ petition, the management challenges the award dated february 12, 2002 in Reference Case No. 5/1999 published on June 28, 2002 rendered by the learned Labour Court, Dibrugarh whereby the reference was answered in favour of the workmen by holding that the Management is not justified in not paying pension to the concerned employees under the Pension and retirement Benefits Scheme (hereinafter referred to as the "retirement Scheme") (Annexure-A ).

(3.) UNDER the aforesaid retirement scheme dated September 23, 1968 it was provided that with effect from January 1, 1968 certain pensioner/benefits would be given to those employees who joined the services of the participating Companies prior to January 1, 1950 and who did not contribute to the then existing Provident Fund Scheme of the company. In pursuant to the retirement scheme which was signed by the agent of the participating companies and the General secretary of the Assam Chan Karmachari sangha, the eligible employees were being paid pensionery benefits under the aforesaid retirement scheme.