Nishita Mhatre, J. - (1.) The appellants were all employees of the Calcutta Tramways Company (1978) Ltd. (hereinafter referred to as CTC). They joined service on different dates between 1971 and 1981 and retired from service in 2010 and 2011. All of them were paid their retiral benefits such as gratuity and provident fund when they were superannuated.
(2.) Their grievance in the writ petition filed by them which resulted in the impugned order was that they had not been covered by the Pension Scheme introduced by their employer although they were entitled to pension.
(3.) There is no dispute that a Pension Scheme was introduced by the CTC for its employees known as the Calcutta Tramways Company Ltd. (1978) Employees Pension Regulations 2001 (hereafter referred to as the Pension Regulations). These Pension Regulations came into force with retrospective effect from 1st April, 1997. The Pension Regulations were notified in the Calcutta Gazette on 24th December, 2001. Under Regulation 2(3), the Pension Regulations were made optional for employees who were on the pay roll of the CTC when the Pension Regulations were notified in the Official Gazette. They were also made optional for those who had retired prior to 1st April, 1997, when the regulations came into force. However, under Regulation 2(4) the Pension Regulations were made binding on new entrants into service. The Pension Regulations were made applicable to all categories of employees except those mentioned in Regulation 3. Under Regulation 6(1) an employee was required to exercise his option whether he desired to fall within the ambit of the regulations within 6 months from the date of the publication of the regulations in the Official Gazette. Failure by the employee to exercise such option within the stipulated period was to be treated as if he had not opted for the Pension Regulations. It would be beneficial to reproduce Regulation 6 of the Pension Regulations below: "(1) The employee who may prefer to come under the purview of these regulations shall have to exercise his option within six months from the date of actual publication of these regulations in the Official Gazette. (2) The employees who were on pay roll of the Company on the date on which these regulations came into effect and onwards but retired on subsequent dates, but before the publication of these regulations may exercise their option within six months from the date of publication of these regulations provided they refund to the Company the full amount of the share of Company's contribution towards Contributory Provident Fund together with interest accrued thereon plus an additional interest @ 5% simple chargeable from the date of receipt of the Company's share upto the month preceding the month of refund. They will however, be entitled to get the benefit of pension from the date they retired and disbursement of pension shall be made only after they refunded the Company's contribution of P.F together with interest they received. (3) Failure to exercise option by an employee within the stipulated period as referred to in Regulation 6(1) and (2) shall be treated as if he had not opted towards the pension regulations. (4) If an employee expires before exercising his option as referred to in Regulations 6(1) and 6(2) it should be taken as if he had not exercised his option in favour of the pension.";