TARSEM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, the grievance of the petitioner is that after he retired from service on 30/6/2013, he has not been paid his pensionary benefits.

(2.) As per the facts mentioned in the present writ petition, petitioner joined the Municipal Corporation, Ludhiana on 15/11/1974 as a Sweeper. The services of the petitioner were terminated on 3/6/1986, which order was challenged by the petitioner before the Industrial Tribunal. By an award dtd. 21/12/1995, order of the termination of services of the petitioner was set aside and he was reinstated in service with 50% back wages. The said award was challenged by the respondents before this Court, which writ petition was dismissed. After the respondents failed to get any relief from this Court, in pursuance to the Award of the Labour Court, petitioner was reinstated in service and he continued working till he attained the age of superannuation on 30/6/2013. After the retirement, petitioner was not given the pensionary benefits. On enquiry, the petitioner was informed that service book of the petitioner was lost but the pension is not to be given to him as he has not opted for the Rules called the Punjab Municipal Corporation Employees Pension and General Provident Fund Rules, 1994 notified vide notification dtd. 29/7/1994 (hereinafter referred as 'Rules of 1994'). Petitioner has filed present writ petition claiming pensionary benefits.

(3.) Upon notice of motion, a reply has been filed by the respondents.