- (1.) This appeal is preferred by the Chairman of the Cochin Dock Labour Board. Writ Petition was preferred by the first respondent - Dock Labour Board Ex - Employees Welfare Association (hereinafter called Association). Association is a registered Association with a membership of 173. There are all exemployees of Cochin Dock Labour Board, who retired prior to 1986 under the voluntary retirement scheme after rendering more than 15 years of service. They also wanted similar benefit which was extended to wife and dependant children of CPF beneficiaries who retired prior to 1.1.1986. Learned single Judge found that the non inclusion of those persons was discriminatory and violative of Art.14 of the Constitution of India. Consequently directions were issued to extend the exgratia payment made available to them also in parity with Cl.(viii) of Ext. P1. Aggrieved by the said judgment, the Board has preferred this appeal.
(2.) Short facts which are necessary for disposal of this appeal are as follows: IV Central Pay Commission recommended grant of relief to the families of deceased civilian Central Government employees who were governed by Contributory Provident Fund Scheme. This recommendation was under the active consideration of the Government of India. The President of India then decided that the widows and dependent children of the deceased contributory provident fund beneficiaries who had retired from service prior to 1.1.1986 should be granted exgratia payment of Rs. 150/- p.m. with effect from 1.1.1986 or from the date following the date of death of the deceased employee whichever is later. The payment was also made admissible with effect from 1.1.1986 to the widows and dependent children of the CPF beneficiaries who died while in service prior to 1.1.1986. On the basis of the said decision the Government of India Ministry of Surface Transport (Ports Wing) informed the Dock Labour Board vide Ext. P1 communication dated 13th August 1990 that the orders be implemented with the approval of the Board of Trustees / Dock Labour Board pending formal amendments to Rules / Regulations if required, in accordance with the prescribed procedure. The clause with which we are concerned in this case is as follows: "Widows and dependent children of the Contributory Provident Fund Beneficiaries who had retired from service prior to 1.1.1986 shall be granted an exgratia payment of Rs. 150/- per month with effect from 1.1.1986 or from the date following the date of death of the employee whichever is later. This payment shall also be admissible with effect from 1.1.1986 to the widows and dependent children of the contributory provident fund beneficiaries who died while in service prior to 1.1.1986. They will also be paid relief on the exgratia payment at the rates specified by Government to their retirees." We noticed that on the basis of the recommendation of V Central Pay Commission the Central Government vide O. M. No. 45/52/97 - P & P. W(E) dated 16.12.97 had decided to grant exgratia payment to the CPF beneficiaries who retired between 18th November 1960 to 31st December 1995, with effect from 1st November, 1997 subject to the condition that such persons should have rendered atleast 20 years of continuous service prior to their superannuation for becoming eligible for exgratia payment.
(3.) Association and several others then made representations before the Central Government for extension of benefit of exgratia payment to the living CPF beneficiaries who had retired before 1.1.1986. Board also forwarded the representation to the Government of India. In response to the said representation Board received a communication from the Government stating that the benefit had not extended to the living CPF retirees. Central Government also reiterated the stand in their communication dated 9.1.1997 stating that the request to grant exgratia payment to the CPF beneficiaries who retired prior to 1.1.1986 on the lines of exgratia payment made to the widow / widower of CPF beneficiaries who died prior to 1.1.1986 could not be agreed to.;