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JYOTI SINGH
Bses Yamuna Power Limited – Appellant
Versus
Virender Nath Diwedi – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--This writ petition has been filed by the Petitioner laying a challenge to order dated 03.09.2011 passed by Labour Court in LCA No.02/09.
2. Respondent No.1 herein was an employee of erstwhile DESU/DVB and was working as Assistant Lineman. DVB was unbundled w.e.f. 01.07.2002 and five different companies were formed. Respondent No.1 became an employee of the Petitioner herein i.e. BSES YPL. DVB Employee Terminal Benefit Fund, 2002 (Pension Trust) was formed for the purpose of disbursement of pension to erstwhile employees of DVB as also for employees who joined the newly formed companies and retired thereafter on attaining the age of superannuation or otherwise.
3. Respondent No.1 sought voluntary retirement from services of the Petitioner w.e.f. 31.08.2003, which was accepted and he was informed that he would stand retired from the said date. A relevant fact needs a mention at this stage that Respondent No.1's wife Smt. Shyama Diwedi filed a writ petition being W.P.(C) 555/2003 in this Court wherein an interim order was passed on 22.01.2003, restraining the Petitioner herein from releasing the retiral benefits of Respondent No.1. On this count, Peti
The liability to release pensionary benefits of employees seeking voluntary retirement under Rule 48A of the Pension Rules rested on the Pension Trust, as established in the judgments of Rosy Jain (s....
The liability to release the retiral benefits of the petitioner and other family members was resolved by the judgment in Smt. Rosy Jain (supra) and the court directed the Pension Trust to release the....
Employees are entitled to benefits only as per the terms of the Voluntary Retirement Scheme, and once an employee opts for voluntary retirement and avails the benefits, they cannot claim ignorance of....
The court established that work-charged and unjustified suspension periods count towards qualifying service for pension eligibility, even post voluntary retirement, with limits on retrospective claim....
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