JUDGEMENT
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(1.)All India Oriental Bank of Commerce Employees' Welfare Society (hereinafter referred to as the "Society"), petitioner herein, is a Society registered under the Societies Registration Act and it was established to work for the social, cultural and economic welfare of its members and to provide social security to their dependents in case of death of a member. Its membership is open only to the employees of the Oriental Bank of Commerce (hereinafter referred to as the "Bank").
(2.)The society floated a Pension Scheme for kith and kin of those members dying in harness and it was modified from time-to-time. In this batch of cases, we are concerned with a Scheme which requires the members to contribute a sum of Rs. 30 per month for a period of 25 years and on retirement such a member was to receive a sum of Rs. 30,000 from the society. Some of the employees of the Bank who were members of the society took voluntary retirement under a Scheme much before the date of their actual superannuation. Such members requested the society to pay a sum of Rs. 30,000 to each of them on the ground that they have retired from service and, therefore, entitled for the aforesaid amount. It is admitted that they have not made contribution for 25 years. The society resisted their claim on the ground that the members shall be entitled to receive the aforesaid sum only on retirement after attaining the age of superannuation and further, such of the members paying their subscription as per rules. Reliance was placed by the society on a Circular dated 2.2.2001 in which it has inter alia stated as follows;
"We would like to intimate our members that as per rules and regulations the retiral benefits i.e. Rs. 30,000 lump sum will be paid only after attaining actual superannuation age as per Bank's rule. This is for the information of the members who have opted for VRS that they should continue their membership paying their monthly subscription annually in advance or in one go. The members continuing their member-ship will be covered against eventuality of death. In case of non receipt of monthly subscription as per rules, member will be ceased to be the member of the society."
(3.)Such of the members, aggrieved by the aforesaid, made complaints to the District Consumer Disputes Redressal Forum inter alia contending that there is no distinction between retirement on attaining the age of superannuation and voluntary retirement and, therefore, each member-employee shall be entitled to receive a sum of Rs. 30,000. The plea put forth by the members-employees was accepted by the District Consumer Disputes Redressal Forum and which has ultimately been affirmed by the State Consumer Disputes Redressal Commission as well as by the National Consumer Disputes Redressal Commission. It is in these circumstances that the petitioners have preferred these special leave petitions.
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