JUDGMENT

Pradeep Nandrajog, J.

1. With the promulgation of the Delhi Municipal Corporation Act 1957 and the Constitution of the Municipal Corporation of Delhi, municipal functions in Delhi except NDMC area and the area falling under the jurisdiction of the Cantonment Board were vested in the Municipal Corporation of Delhi, which included the function of providing public transport in the city of Delhi. As a separate wing of the Corporation, the Delhi Transport Undertaking was constituted with a separate budget and separate staff. As the city of Delhi grew, it was thought advisable to corporatize public transport in Delhi and thus the Delhi Transport Corporation was formed as a body corporate and it took over the functioning of the Delhi Transport Undertaking. The said Corporation had in place a Contributory Provident Fund Scheme for its employees and needless to state each month a fix amount was deducted from the salary of the employees and with a matching contribution by the Corporation was credited in the fund and in the account of the employee, who needless to state was a member of the Contributory Provident Fund. The employees of the Corporation agitated for long that the pension scheme of the Government of India, which was extended to the municipal employees be also extended to them and in respect of which claim they had petitioned the Supreme Court, when in the year 1992 the Corporation gave an assurance to the Supreme Court that it would introduce a pension scheme for its employees, including the retired employees and pursuant thereto issued office order No.16 dated 27.11.1992 notifying that a pension scheme stood notified which would be operated by the Life Insurance Corporation of India (LIC). The office order reads as under:

"No.Adm-I-5(4)/92 Dated 27.11.92

Sub : Introduction of Pension Scheme in DTC as applicable to the Central Govt. Employees.

The introduction of Pension Scheme for the employees of the DTC has been sanctioned by the Central Govt. and conveyed by the M.O.S.T. vide letter No.RT- 12019/21/88-TAG dated 23.11.92 as on the same pattern as for the Central Govt. employees subject to the following conditions:

1. The pension scheme would be operated by the LIC on behalf of DTC.

2. The date of effect of Pension Scheme would be 3.8.1981.

3. All the existing employees including those retired w.e.f. 3.8.1981 onwards would have the option to opt for the Pension Scheme or the Employees Contributory Provident Fund as at present, within 30 days from the date of issue of this O.O. for the implementation of the Pension Scheme as approved by the Govt. of India.

4. The Pension Scheme would be compulsory for all the new employees joining DTC w.e.f. 23.11.92, the date of sanction of the scheme.

5. The Pension Scheme would be operated by the LIC on behalf of DTC. The employees share in the EPF A/c of the DTC employees, who opt for Pension Scheme would be transferred to the LIC, for operating.

6. The employees who have retired on or after 3rd August 1981 and the existing employees, who have drawn the employer's share, under the EPF Act, partly or wholly shall have to refund the same with interest in the event of their opting for the Pension Scheme. The total amount to be refunded by the retired employees/existing employees would be the amount that would have accrued, had they not withdrawn the employer's share.

7. Excess amount of gratuity, if already paid to ex- employees and which is not admissible under the Pension Scheme, will have to be refunded by them before any benefit under the Scheme, is granted to them.

8. A due and drawn statement would be prepared in respect of retired employees opting for Pension Scheme and the amount to be paid/refunded, would be worked out by the concerned unit, wherefrom the employee had retired from service.

9. If any of the employee of DTC, who does not exercise any option within the prescribed period of 30 days or quit service or dies without exercising an option or whose o