TMI Blog2006 (11) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... ive control of Ministry of Consumer Affairs. Respondent Nos. 1 to 13 were members of Contributory Provident Fund Scheme (CPF Scheme). The respondent No. 14 i.e., the Bureau of Indian Standards, which is an Autonomous Body, pursuant to and in furtherance of an Office Memorandum dated 1.5.1987 Issued by the Government of India asked its employees to give their option whether to continue under the Provident Fund Scheme or not. The said Office Memorandum dated 2.5.1987 assumes importance in view of the language used therein to which we intend to immediately advert to. The Office Memorandum is prefaced with calling for repeated options in the past asking the employees to switch over to the pension scheme. It was mentioned that such option had be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rds (Terms and Condition of Service of Employees Regulation, 1988) , Regulation 16 thereof reads as under: 16 Pension- The Employees shall be governed by the Central Civil Services (Pension) Rules, 1972: provided that the employees who had specifically elected to be governed by the Contributory Provident Fund Rules, (India), 1962, immediately before the date of commencement of these regulations shall continue to be governed under the Contributory Provident Fund Scheme. 3. Despite the clear intent and purport of the said Office Memorandum dated 1.5.1957, the respondent Nos. 1 to 13 herein continued to be treated as if they had still been continuing under the CPF Scheme. The Central Government as also the respondent No. 14. Bureau of In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the pension scheme introduced by the Ministry of Labour for the PF subscribers. It may pleased be noted, that introduction of pension scheme on GOI pattern to the employees of autonomous bodies should not be agreed to as a rule, any exception in this regard should be referred to this Department. 5. At that juncture, the respondent Nos. 1 to 13 approached the High Court. Whereas the learned Single Judge allowed the writ petition directing that the same would not be subject to any liability on the part of the Union of India, but on an appeal preferred by the Union of India, by reason of the impugned judgment, the Division Bench modified the said order directing as follows: Impugned writ Court order dated 22.10.2003 shall stand modifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said purported option on the part of respondent No. 1 to 13 was illegal when a request was made by respondent No. 14 to the Union of India for grant of approval so that all those employees shall come within the purview of the Pension Scheme. In our opinion the Ministry of Finance proceeded on a wrong premise that the Pension Scheme was not in existence and it was a new one. Two legal fictions, as noticed hereinbefore, were created, one by reason of the memorandum, and another by reason of the acceptance of the recommendations of the Fourth Central Pay Commission with effect from 1.1.1986. In terms of such legal fictions, it will bear repetition to state, the respondent Nos. 1 to 13 would be deemed to have switched over to the pension scheme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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