OIL INDIA EXECUTIVE EMPLOYEES ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B.P. Kataki, the learned senior counsel for the petitioners association; Mr. B. Sarma, the learned Additional CGSC for the respondent Nos. 1 and 2 and Mr. S.M. Sarma, the learned senior counsel for the respondent No. 3.

(2.) The petitioner association has filed this petition under Article 226 of the Constitution of India for appropriate directions commanding the respondent authorities, particularly the Oil India Ltd. to implement the Oil India Employees' Pension Scheme in terms of the deeming exemption provision available in para 39 of the Employees' Pension Scheme, 1995 and further to take actions to grant pensionary benefits to the employees covered by the same scheme with immediate effect.

(3.) The respondent Nos. 1 and 2 have filed an affidavit wherein it is admitted that the Regional Provident Fund Commissioner has recommended the case of the writ petitioner for exemption as provided in para 39 of the Employees Pension Scheme, 1995. In the affidavit filed by the respondent No. 3, it is submitted that the management is constantly in touch with the Ministry of Labour to get the exemption issued. The final scheme, according to the respondent No. 3, was submitted to the authority concerned on 25/01/2000 and the Regional Provident Fund Commissioner recommended that exemption as sought be granted. It also appears from the statement in the said para that the Central Provident Fund Commissioner also recommended the proposal for exemption.