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:

(i) The writ petitioner No.1 is a registered society under the Registration Act, 1961.

(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 March 20, 1989, the Company executed a Trust Deed being B.L. & Co. Limited Superannuation Fund Trust Deed. The relevant clauses of the Trust Deed read as follows:-

“(2) These presents shall constitute a Trust established in India which Trust shall be irrevocable and the Trustees shall hold the Fund upon trust for the benefit of the members or other beneficiaries more particularly set forth in the Rules, and no money belonging to the Fund in the hands of Trustees shall be recoverable by the Company, nor shall the Company have any lien or charge of any description on the same.”

“(4) The Trustees may at any time with the consent of the Company or on a recommendation from the Company by a Supplemental Deed amend or add to the provisions of the Trust Deed or the Rules provided, however, that such alteration does not adversely affect the benefits being paid from the Fund or the benefits accrued up to the date or such amendment or the object of the Fund provided always that no alteration in the Trust Deed, Rules, Constitution or Conditions of the Fund shall be made without the prior approval of the Commissioner.”

“8.(b) If the Company discontinues further contribution, the Trustee shall adopt either of the two following courses according to their discretion subject to Clause 7:

A.

The Trustees shall continue the Fund for the benefit of the existing members until settlement of their benefits, the benefits being reduced on the advice of the Actuary of the Fund having regard to the assets of the Fund.

(vi) By a communication dated August 28, 1989, a Superannuation Fund (SAF) Scheme was introduced by the company with effect from January 1, 1988. The object of the said scheme was to protect the salaried officers from the uncertainties of life due to old age and socio-economic demands arising out of the separation with the company on attaining the age of superannuation or otherwise.

(vii) The SAF Scheme was to be contributory in nature. The generation of funds would be through direct contribution from the officers with a token contribution by the company to the fund.

(viii) As per the SAF Scheme, pension shall be payable to a member on retirement (at or after normal retirement date) provided that a member has made at least 5 years’ contributions immediately preceding his date of retirement. Furthermore, he was required to complete 15 years of service.

(ix) The pension granted under the SAF Scheme would be payable to a member throughout his life subject to a minimum guaranteed period of 15 years.

(x) In the event a member died before receiving 15 years of guaranteed pension, then, the same would be payable to the widow, children or other beneficiaries in accordance with the SAF Scheme.

(xi) The pension shall be computed at the rate of 1.25% of the final salary for each year of r