RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND OTHERS Vs. GOVERDHAN LAL SONI AND ANOTHER
LAWS(SC)-2020-9-13
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on September 09,2020

Rajasthan State Road Transport Corporation And Others Appellant
VERSUS
Goverdhan Lal Soni And Another Respondents




JUDGEMENT

ASHOK BHUSHAN, J. - (1.)These appeals have been filed by Rajasthan Road Transport Corporation and others (hereinafter referred to as Corporation) challenging the judgments dated 05.03.2018 and 30.08.2018 respectively of the Division Bench of Rajasthan High Court dismissing the D.B. Special Appeals filed by the appellants. Both the appeals having raised similar issues it shall be sufficient to refer the facts and pleadings in Civil Appeal No.1789 of 2020 for deciding both the appeals.
(2.)Goverdhan Lal Soni, the respondent No.1 was appointed as Junior Assistant on 02.04.1974 in Rajasthan State Agro Industries Corporation Limited. The State Government closed the Rajasthan State Agro Industries Corporation Limited and declared all its employees as Surplus. The State Government took a decision to absorb services of all surplus employees in different Corporations. The Bureau of Public Enterprises, Government of Rajasthan issued a Circular on 02.07.1991 containing guidelines of absorption of surplus employees in public enterprises. The guidelines also contained provisions for various benefits to be extended to the absorbed employees. The Respondent No.1 in pursuance of Circular dated 02.07.1991 was absorbed by Rajasthan State Road Transport Corporation vide order dated 03.10.1996. The Corporation issued a notification dated 12.02.1997 in relation to the absorbed employees laying down the procedure for the employees, who want to opt either C.P.F Scheme or the G.P.F. and Pension Scheme.
(3.)The respondent gave his option on 22.03.1997 for Pension under Rajasthan State Road Transport Pension Regulations, 1989. In Rajasthan State Agro Industries Corporation Limited, the respondent No.1 was governed by Contributory Provident Fund Scheme and the Pension Scheme was not applicable in Rajasthan State Agro Industries Corporation Limited. The Corporation on 29.07.1997 noticing that the respondent No.1 after coming to the service of Corporation has given option of Pension directed for transfer of amount deposited in Provident Fund Account and family pension so that same can be deposited in the account of General Provident Fund as well as pension fund.
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