U P STATE ELECTRICITY BOARD Vs. SHEO BHAROSHE

JUDGEMENT

(1.) Since all these appeals contain common points of law and facts and arising out of the claims granted by various District Fora as detailed above, they have been taken together for decision and are being disposed of accordingly.

(2.) Briefly stated the case of the respondents in the above appeals was that under the scheme of Group Insurance and Savings, amount due against group insurance has not been sanctioned by the appellant after retirement/death of the respondents concerned inspite of the fact that they had regularly contributed to the scheme and the amount has not been remitted to them.

(3.) The grounds taken by the appellant, Director/addl. Director, U. P. State Employees Group Insurance Directorate, in all the appeals are that : (i) The group insurance and savings scheme is free of charge and there is no commercial relation between the employees/beneficiaries and the appellant as envisaged in various Government orders from time to time. (ii) The scheme is aimed at the benefit of the employees in the form of improvement in service condition to full-time Government employees and service is not rendered under this scheme for any gain and the service is free of charge. The scheme is under a contract of personal service which is part and parcel of service conditions of the Government employees. (iii) The scheme of group insurance and savings is a reciprocal service as it is not included in the definition of consumer under Sec.2 (1) (c) of Consumer Protection Act, 1986 , which specifically lays down various kinds of services and does not include rendering of service provided by the appellant. The scheme is a facility to help Government employees as an act of the State. (iv) There is no hiring or availing of services for a consideration and, therefore, provision of Sec.2 (1) (d) of Consumer Protection Act, 1986 are not attracted. (v) The scheme is part of the service conditions like PF and Pension Scheme etc.