PENSIONERS' ASSOCIATION, EX-ASSAM OIL OFFICERS AND ORS. versus UNION OF INDIA AND ORS.

PENSIONERS' ASSOCIATION, EX-ASSAM OIL OFFICERS AND ORS. versus UNION OF INDIA AND ORS.

Retirees of Assam Oil Company Ltd. (prior to 14.10.1981) who were beneficiaries of the existing pension fund transferred to Indian Oil Corporation became members of the 1983 scheme and are entitled to benefits under the revised pension formula of 1995, as the liabilities and funds stood transferred under the Act and...

Source-derived case information.

Parties
Petitioner: Pensioners' Association, Ex-Assam Oil Officers and Ors.; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
17 February 2004
Procedural Posture
Writ Petition (civil) / Final Decision
Outcome
Petition allowed
Legal Topics
Pension Scheme, Nationalization, Employee Benefits
Service Law Pension Scheme Nationalization Employee Benefits

Source-derived case record

Summary, issues, holding and outcome

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Parties

Pensioners' Association, Ex-Assam Oil Officers and Ors.

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Decision

Legal Issues

  1. 1 Whether retirees of Assam Oil Company Ltd. (prior to 14.10.1981) are entitled to the benefits of the revised pension scheme of Indian Oil Corporation (Assam Oil Division)
  2. 2 Whether the pension fund and related benefits stood transferred to the successor company under the Burmah Oil Company (Acquisition of Shares of Oil India Ltd. and of the undertakings in India of Assam Oil Company Ltd. and the Burmah Oil Company (India Trading Ltd.) Act, 1981
  3. 3 Interpretation of statutory provisions regarding pension fund transfer and applicability of revised pension scheme

Ratio Decidendi

Retirees of Assam Oil Company Ltd. (prior to 14.10.1981) who were beneficiaries of the existing pension fund transferred to Indian Oil Corporation became members of the 1983 scheme and are entitled to benefits under the revised pension formula of 1995, as the liabilities and funds stood transferred under the Act and pensionary benefits cannot be denied to them.

Court Disposition

Petition allowed

Orders

  • Respondents directed to make available pensionary benefits to petitioners in accordance with the formula of 1995 for revised pension.
  • Arrears as may be found due shall be cleared within a period of four months from the date of judgment.