RAJASTHAN RAJYA VIDYUT VITRAN NIGAM LTD. versus DWARKA PRASAD KOOLWAL & ORS.

RAJASTHAN RAJYA VIDYUT VITRAN NIGAM LTD. versus DWARKA PRASAD KOOLWAL & ORS.

Respondents were given multiple opportunities to switch from CPF to Pension/GPF Scheme; having chosen not to exercise the option, they are not entitled, as of right, to any further chance to switch schemes. Once an employee has chosen a scheme, he remains a member unless an option is statutorily provided.

Parties
Appellant: Rajasthan Rajyavidyutvitran Nigam Ltd.; Respondents: Dwarka Prasad Koolwal & Ors.
Jurisdiction
India
Judgment Date
07 August 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed.
Legal Topics
Switch Over Option, Contributory Provident Fund Scheme, Pension Scheme, General Provident Fund Scheme, Employee Benefits
Service Law Switch Over Option Contributory Provident Fund Scheme Pension Scheme General Provident Fund Scheme Employee Benefits

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Parties

Rajasthan Rajyavidyutvitran Nigam Ltd.

Appellant

Dwarka Prasad Koolwal & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether respondents were entitled to one more opportunity to switch-over from the Contributory Provident Fund (CPF) Scheme to the Pension Scheme and the General Provident Fund (GPF) Scheme as of right.

Ratio Decidendi

Respondents were given multiple opportunities to switch from CPF to Pension/GPF Scheme; having chosen not to exercise the option, they are not entitled, as of right, to any further chance to switch schemes. Once an employee has chosen a scheme, he remains a member unless an option is statutorily provided.

Court Disposition

Appeal allowed.

Orders

  • High Court judgment and order dated 17.05.2012 set aside.
  • Civil Appeals arising out of SLP (C) Nos. 30577 of 2012, 9990 of 2013 and 9983 of 2013 remitted to Single Judge of Rajasthan High Court for fresh consideration on merits.