BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
NOOTY.RAMAMOHANA RAO, S.S. SUNDAR, JJ.
United India Insurance Co.Ltd. - Appellant
Vs.
N. Srinivasan - Respondents
W.A.MD.Nos.1228, 1229, 1230, 1231 of 2016
Decided On : 17-07-2017
General Insurance Business (Nationalisation) Act,1972 - Section 17-A - Pension Scheme, 1995 – Service and employment matter - Retired voluntarily from service - Retirement benefits - Pay Scale - Respondent/employees, who have retired voluntarily from service of appellant insurance companies, have instituted the said writ petitions - Union of India is second respondent while National Insurance Special Voluntary Retired/Retired Employees Association is third respondent herein - Pension Scheme was notified in the Gazette of India, Extraordinary, dated same has been brought into force from - Expression company has been defined in paragraph 2 (f), as meaning National Insurance Company Limited, New India Insurance Company Limited - Oriental Insurance Company Limited, and United India Insurance Company Limited, as case may be - Expression pension is defined in paragraph 2 (q), as including the basic pension and additional pension, referred to in Chapter-VI of said Scheme - Retirement in accordance with provisions contained in paragraph 12 of General Insurance (Rationalisation and Revision of Pay Scales and other Conditions of Service of Supervisory, Clerical and Subordinate Staff) Scheme,1974 notified under the notification of Government of India, in Ministry of Finance (Department of Revenue and Insurance) number – Held, In such a case, he is entitled to be paid if he opts for voluntary retirement under Special VRS-2004, as ex-gratia, salary for remaining 84 months, but not for 56 months at rate of two months for 28 years of qualifying service put in by him - This was reason, why while providing the two alternatives for working out amount of ex-gratia payable under Paragraph 5 of Special VRS-2004, words whichever is less are omitted - Thus, by offering payment of ex-gratia, company/corporation is treating optee under Special VRS-2004 to have retired from service of company/corporation, on attaining age of superannuation - There is absolutely no doubt, that upon attaining age of superannuation, under Pension Scheme,1995, no benefit of addition to qualifying length of service is still allowed - For this reason also, addition of five more years of length of service to qualifying length of service put in by optees under Special VRS- does not arise - Special Voluntary Retirement Scheme has to be construed strictly in accordance with terms and conditions stipulated therein and by any interpretative process, more benefits, than that are contemplated by that Scheme, can not be claimed or allowed – Court are therefore of opinion, that learned single Judge has committed a grave error in ignoring from serious consideration specific limitation provided - Writ Appeals stand allowed - Consequently, connected C.M.P.MD.Nos. 8177 to 8180 are closed.
1. This batch of Writ Appeals is preferred by Insurance Companies, aggrieved by the common order passed by the learned single Judge, allowing W.P.Nos.19431 to 19433 and 21110 of 2015.
2. First respondent/employees, who have retired voluntarily from service of the appellant insurance companies, have instituted the said writ petitions. Union of India is the second respondent; while National Insurance Special Voluntary Retired/Retired Employees' Association is the third respondent herein.
3. The common question that has been raised for consideration in the Writ Petitions centres around the entitlement of additional retirement benefits, in terms of the General Insurance Employees Special Voluntary Retirement Scheme, 2004.
4. By virtue of the powers available under Section 17-A of the General Insurance Business (Nationalistaion) Act,1972, the Central Government framed a scheme, called, The General Insurance (Employees) Pension Scheme 1995, henceforth referred to as ?the Pension Scheme,1995?.
5. Though the Pension Scheme 1995 was notified in the Gazette of India, Extraordinary, dated 28.06.1995, the same has been brought into force from 01.11.1993. The expression ''company'' has been defined in paragraph 2 (f), as meaning National Insurance Company Limited, The New India Insurance Company Limited, The Oriental Insurance Company Limited, and United India Insurance Company Limited, as the case may be. The expression ''pension'' is defined in paragraph 2 (q), as including the basic pension and the additional pension, referred to in Chapter-VI of the said Scheme. ''Qualifying Service'' has been defined in paragraph 2 (s), as service rendered while on duty or otherwise, which shall be taken into account for the purpose of pension under the Scheme. The expression ''pensioner'', as defined in paragraph 2 (r), means, an employee eligible for pension under the said Scheme. The expression ''retirement'' has been defined in the following terms in paragraph 2 (t) of the Scheme :
“(i) the retirement in accordance with the provisions contained in paragraph 12 of General Insurance (Rationalisation and Revision of Pay Scales and other Conditions of Service of Supervisory, Clerical and Subordinate Staff) Scheme,1974, notified under the notification of Government of India, in the Ministry of Finance (Department of Revenue and Insurance) number S.O.326 (E) dated the 27th May, 1974;
(ii) the retirement in accordance with the provisions contained in paragraph 4 of the General Insurance (Termination, Superannuation and Retirement of Officers and Development Staff) Scheme,1976, notified under notification of Government of India, in the Ministry of Finance (Department of Economic Affairs) number S.O.627 (E), dated 21st September, 1976;
(iii) Voluntary retirement in accordance with the provisions contained in paragraph 30 of this scheme.”
6. Paragraph 3 of the Scheme deals with its applicability. It was rendered applicable to those employees:
(1) (a) who were in service on or before the first day of January,1986, but retired before the first day of November,1993; (b) who exercise option in writing within one hundred and twenty days from the notified date to become member of the Fund; (c) refund within sixty days after the expiry of the said period of one hundred and twenty days specified in clause (b) the entire amount of the contribution made by the Corporation or the Company, as the case may be, to Provident Fund, including interest accrued thereon together with a further simple interest at the rate of six percent per annum on that amount from the date of settlement of the Provident Fund amount till the date of refund; (d) refund within sixty days after the expiry of 120 days the entire amount of non-refundable withdrawal, if any, made from the Corporation's contribution or the Company's contribution to the Provident Fund account and the interest accrued thereon prior to the date of final settlement of the Provident Fund, together with interest at the ra
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