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2016 (9) TMI 1629 - SUPREME COURTRetirement benefits - applicability of Himachal Pradesh Corporate Sector Employees Pension (Family Pension, Commutation of Pension and Gratuity) Scheme, 1999 - Validity of Employees’ Provident Funds Scheme, 1995 - scheme was adopted for the corporate sector employees, engaged in the State of Himachal Pradesh. HELD THAT:- It is no doubt true that we have concluded, that ‘the 1999 Scheme’, created a contingent right in the respondent-employees. The respondent-employees comprise of all those employees of corporate bodies, who had opted for ‘the 1999 Scheme’, immediately on its having been introduced; all those, who were deemed to have opted for ‘the 1999 Scheme’ by not having exercised any option; and all those who were appointed after the introduction of ‘the 1999 Scheme’. Whether any express right or obligation existed, between the respondent-employees and the State Government? - HELD THAT:- One can understand, such a claim arising out of an obligation between an employer and his employees, where there is a quid pro quo – a trade off based on a relationship (as between, an employer and employee). It is however concluded, that there was no such relationship between the State Government, and the respondent-employees. All the corporate bodies in which the respondent-employees were/are engaged, are independent juristic entities. It is therefore apparent, that the claim raised by the respondent-employees, is not based on any right or obligation between the parties. The issue whether administrative review was permissible, after ‘the 1999 Scheme’ had become operational, has been answered in the affirmative. And finally, it is concluded, that the exercise of such power, while issuing the repeal notification, was based on due consideration. The legality and constitutionality of the notification dated 2.12.2004 is upheld - appeal allowed.
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