IN THE HIGH COURT OF BOMBAY
Shah A.P. Mrs. Desai Ranjana, JJ.
Kuriakose V. Cherian others .... Petitioners.
Versus
Air India Employees Self Contributory Superannuation
Pension Scheme Finance Dept. others.... Respondents.
Writ Petition No. 1273 of 2002, decided on 3/4-4-2003.
Advocates appeared :
J.P. Cama with N.S. Nappinai, i/b. Satish Maneshinde, for petitioners.
C.U. Singh with J.S. Saluja, i/b. M.V. Kini Co. for respondent Nos. 1 6 to 17.
S.K. Talsania, i/b. M.V. Kini, for respondent No. 2.
V.Y. Sanglikar, for respondent No. 3.
Ashok D. Shetty, for respondent No. 4.
A.V. Bukhari, for respondent No. 5.
Constitution of India - Article 226 - Prerogative writ. - Article 226 of Constitution confers wide powers on the High Courts to issue writ in the nature of prerogative writ. Petition held maintainable.
SHAH A.P., J.:---This petition under Article 226 is for the issue of appropriate writ, direction or order directing the respondents to rescind and revoke the amendment effected to the Air India Employees Self Contributory Superannuation Pension Scheme as per the Deed of Variation dated 3-4-2002 and the letters dated 2-4-2002 and 3-4-2002 issued pursuant to the amended scheme requiring the pensioners to make payment of additional contribution towards annuities purchased from respondent No. 3 Life Insurance Corporation of India and, to continue such annuities without any alteration to its terms and quantum and without any payment of additional contribution from the pensioners. The petitioner Nos. 1 to 5 are the retired employees of the respondent No. 2 Air India Limited. The petitioner No. 6 is a registered association representing the retired pensioners of the respondent No. 2. The first respondent is the Air India Employees' Self Contributory Superannuation Pension Scheme constituted by the respondent No. 2 Air India for the benefit of its full time employees for providing pension to superannuated members thereof and respondent No. 6 to 17 are its trustees. The second respondent Air India, is a Government Company, incorporated under the Indian Companies Act, 1913. The third respondent is the Life Insurance Corporation of India constituted under the Life Insurance Corporation Act, 1956. Respondent Nos. 4 and 5 are the Unions representing employees of the respondent No. 2. The facts and circumstances leading upto this petition are stated hereinafter.
2. In or about 1994 the respondent No. 2 proposed creation of a pension scheme for its employees. The pension scheme proposed by the respondent No. 2 was designated as a self contributory pension scheme, which was formulated based on actuarial reports. The proposed scheme was sent to the Government of India, Ministry of Civil Aviation and Tourism (Department of Civil Aviation) and approval was given in March 1995, subject to certain revisions proposed by the department being effected and on further condition that the Air India would not be permitted to contribute anything in excess of Rs. 100 per annum for all employees put together. The respondent No. 2 entered into Memorandum of Understanding (MoU) with various unions for implementation of the pension scheme dated 18-5-1995. As per the MoU there was to be a single pension scheme for all employees of the respondent No. 2 and no union was to create separate pension scheme. Further it was mandatory for all full time employees of the respondent No. 2, represented by the respective unions to become members of the pension scheme. Further the contribution from the respondent No. 2 was restricted to Rs. 100 per annum totally for all employees taken together. The members contribution was two fold i.e., a percentage of their salary to be deducted every month and credited to the account of the respondent No. 1 and a lump sum monthly payment as fixed by the actuaries. Each member had to a contribute for a minimum period of 15 years of service. For those who did not have sufficient number of years of service from the commencement of the scheme to superannuation, an amount was calculated based on the total number of years in deficit and the members were required to effect payment of either the entire sum so calculated as a lump sum payment or to pay the said amount in monthly instalments alongwith interest on the total sum due. The Deed of Trust for incorporating the scheme was entered into on 12-8-1996 and the Rules for the scheme were framed thereunder known as Air India Employees Self Contributory Pension Scheme Rules ('Rules' for short). A deed of variation of the trust was effected on 7-10-1997 to amend certain provisions of the Trust Deed. As per the terms of the Trust Deed, the retiring employee shall get pension equivalent to 40% of the last drawn salary, which consists of basic pay, dearness allowance, and personal pay if any (
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