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SUBRATA TALUKDAR, LAPITA BANERJI
Trustees of Balmer Lawrie & Co. Ltd. – Appellant
Versus
Balmer Lawrie & Co. Ltd. Ex Officers Forum – Respondent
JUDGMENT :
Lapita Banerji
This intra-court appeal arises out of a Judgment and Order dated November 5, 2019 passed by an Hon’ble Judge of this Court. By the Impugned Order dated November 5, 2019, the Hon’ble Single Judge allowed the writ petition by restraining the respondents from giving any or any further effect to the decision of the respondent No.3 in the Writ Petition/Appellant in implementation of the Deed of Variation of the Superannuation Fund (SAF) and directed payment of arrears under SAF Scheme. The facts as culled out from the writ petition are as follows:
(ii) The members of the writ petitioner No.1/respondent No.1 in the appeal are all ex-officers of Balmer Lawrie & Company Limited (the company).
(iii) The writ petitioners have been separated from the company after availing the Special Voluntary Separation Scheme (SVSS) introduced by the company on January 11, 2000 and Voluntary Retirement Scheme (VRS) introduced on August 3, 2002.
(iv) Prior to their Voluntary retirement on around January 2, 1988, the Company introduced B.L. & Co. Limited Superannuation Fund Rules (SAF Rules).
(v) On Marc
The court established that a Deed of Variance cannot be applied retrospectively to deprive a retiree of benefits promised under an earlier Trust Deed.
Retrospective modifications to pension schemes that unfairly alter pension benefits for specific groups of retirees constitute discrimination under Article 14 of the Constitution.
Amendments to the Employees' Pension Scheme found arbitrary and ultra vires, violating employees' vested rights and lacking a reasonable legislative basis for alterations, thus courts upheld original....
The main legal point established in the judgment is that the failure to exercise the option to join a Pension Scheme, despite multiple opportunities, constitutes waiver of the right to claim benefits....
The court established that once an employee opts for the CPF scheme, that choice is irrevocable, barring any future claims for pension benefits under the Pension Scheme.
An amendment with retrospective operation that takes away a benefit already available to the employee under the existing rule violates the rights guaranteed under Articles 14 and 16 of the Constituti....
A statutory corporation cannot withhold the post-retirement benefits of its retired employees without providing them with an opportunity of hearing.
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