[Pension] Employees of statutory organizations suffering losses cannot seek parity with employees of for-profit companies: Tripura High Court
The High Court of Tripura recently observed that employees of statutory organizations are not entitled, as of right, to pension benefits, such as those provided to a few of the companies which have been able to generate their own funds with one-time government support. of State.
The remark was given by Judge Arindam Lodh while processing a batch of writ petitions filed against several state government companies including Tripura Road Transport Corporation, Tripura Tea Development Corporation, Tripura Rehabilitation and Plantation Corporation, Tripura Handloom and Handicrafts Development Corporation, Tripura Schedule Tribe Co-operative Development Corporation, Tripura Small Industries Corporation, Tripura Jute Mills, Tripura Industrial Development Corporation, Tripura State Co-operative Marketing Federation and Tripura Khadi and Village Industries Board.
Employees working in these organizations have applied for pension benefits similar to those given to self-governing bodies such as Tripura Board of Secondary Education.
The High Court noted that these autonomous bodies had created a separate scheme and were able to generate equity from their own contribution and open subscriber accounts with specified schemes of the organization like LICI, banks, etc.
The court further remarked that the pension is not a one-time benefit but an ongoing liability and whether or not it should be awarded or to whom it should be awarded depends on the government, the court cannot intervene.
“The Court of Appeal, while exercising the power of judicial review under Section 226 of the Constitution of India, shall not sit, as a court of appeal, on the well reasoned report of the organ of experts, in accordance with the closely related principle of restraint in government policy decisions. As a logical corollary, the two questions posed above for decision were answered in the negative.”
In view of the foregoing, the court dismissed the petition.
Case title: All Tripura EPS Pensioners’ and Employees’ Association v State of Tripura
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