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2023 Supreme(Del) 4161

MINI PUSHKARNA
Airport Authority Employees Union – Appellant
Versus
Union of India – Respondent


Advocates appeared:
W.P. (C) 5991/2012 and W.P.(C) 1648/2014
Mr. Nikhil Palli, Advocate, for the Petitioner in W.P. (C) 5991/2012 and W.P.(C) 1648/2014.
Mr. Ruchir Mishra, Mr. Sanjiv Kr. Saxena, Mr. Mukesh Kr. Tiwari, Ms. Poonam Shukla and Ms. Reba Jena Mishra, Advocates, for R-1/UOI in W.P. (C) 5991/2012.
Mr. Rajesh Kumar, Standing Counsel, EPFO with Mr. Mishal Vij, Ms. Ramneet Kaur, Mr. Kushaj Bhushan and Mr. Sanad Dobwal, Advocates, for the Respondent in W.P. (C) 5991/2012 and W.P.(C) 1648/2014.

JUDGMENT

[Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral):

1. The present matters have been received on transfer and marked to this Court.

2. The present writ petitions have been filed with prayer for quashing the order dated 13.08.2012 passed by respondent Nos. 4 and 5, whereby it was decided not to settle the pension claims of the employees of Airports Authority of India (AAI), on the basis of their actual salary drawn and by restricting at the pensionable salary limit of Rs.6,500/- per month.

3. It is the case on behalf of the petitioners that respondent No. 6 was set up on 01.04.1995 pursuant to promulgation of Airports Authority of India Act, 1994 on merger of International Airports Authority of India (IAAI) and National Airports Authority of India (NAAI). Thus, all the existing employees of lAAI and NAAI were absorbed in and stood transferred to Airports Authority of India w.e.f 01.04.1995.

4. It is submitted that vide letter dated 22.08.2007, respondent No.4 came to a conclusion that respondent No.6 establishment was covered under the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 (EPF Act) w.e.f. 01.04.1995. Thus respondent No. 6,

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