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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, SMITA DAS DE
Lilu Mahato – Appellant
Versus
Coal India Limited – Respondent
| Table of Content |
|---|
| 1. petitioner's pension eligibility claimed. (Para 2 , 3 , 4) |
| 2. arguments favoring pension entitlement. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. respondents’ contention against pension claims. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. further denial based on procedural compliance. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 5. evaluation of pension claim's validity. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 6. rejection of prior cases as not applicable. (Para 38 , 39 , 40) |
| 7. final dismissal of the appeal. (Para 41 , 42) |
JUDGMENT :
SMITA DAS DE, J.
1. The intra-court appeal assails the Order dated June 16, 2022 passed by the Learned Single Judge in WPA No. 23725 of 2012 whereby the writ petition filed under Article 226 of the Constitution of India was dismissed.
2. Draped in brevity, the necessary facts for adjudication of this matter are that the petitioner qua ‘Mining Sardar’ being the appellant was appointed in Amritnagar Colliery under Eastern Coalfields Ltd. (hereinafter referred to as the said colliery) on September 19, 1967 during the operation of Coalmines Provident Fund Schemes Act, 1948 (hereinafter referred to as the Scheme of 1948). The appellant here
Employee must exercise option to join pension scheme; failure disqualifies entitlement to benefits.
An employee must opt for the Family Pension Scheme within the statutory period to be eligible for benefits under the Employees’ Pension Scheme; failure to do so negates any claim for pension.
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....
Failure to opt for the Contributory Provident Fund by the cut-off date leads to automatic inclusion in the Pension Scheme, creating a legal fiction preventing claims against this transition.
Pension is a recognized right, and waiver of rights must be informed and conscious; prior undertakings do not negate rights established by subsequent regulations.
Employees retiring after amendments can exercise options for higher pensions within extended timelines, regardless of exit dates from the pension scheme.
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