Writ procedure procedure
DKTAZILANOM9909
(Querist) 15 November 2017
This query is : Resolved
Dear Sir, I want to know two things. We want file a writ petition on Employee Pension Scheme'95.
1. If a registered trade union files the writ petition then will it cover all the members of the union for the benefit?
2. if many registered trade unions file the writ petition then will it cover all the members of all the unions for the benefit?
regards,
Tapan Das
Dr J C Vashista
(Expert) 16 November 2017
1. & 2. Of course it shall effect all the members of the Union/Unions
Dr J C Vashista
(Expert) 16 November 2017
You should consult a local prudent lawyer for proper appreciation of facts and circumstances of the case, guidance and proceeding.
Prima facie it is an academic question without relevant information.
Ms.Usha Kapoor
(Expert) 16 November 2017
If either one Trade Union or several different Trade unions file a writ petition if their presidents and secretaries file the writ petitions on behalf of other members of their Trade unions it covers the entire trade union and their members.If Trade Union President wins the case in writ petition the benefit of winning spreads to all the Trade union Unions members.
Rajendra K Goyal
(Expert) 16 November 2017
Agree with the expert Dr. J.C. Vashishta.
Kumar Doab
(Expert) 16 November 2017
You can benefit from above advises.
DKTAZILANOM9909
(Querist) 16 November 2017
Respected Sir,
Our IOCL (an Exempted Provident Fund Organization) employees (who are presently on role) are asking us that all the cases and moves on EPS'95 pension on actual salary are presently being done by the retired employees of different organizations all over India based on Supreme Court Judgment in Civil Appeal Nos. 1003-10014 of 2016 arising out of SLP No. 33032-33033 of 2015, MOL&E approval letter dated 16.03.17 and EPFO order (Pension-I/12/33/EPS-Amendment/96/vol.II/34007 dated 23.03.17 as issued by Dr. S. K. Thakur, Addl CPFC HQ).
Sir. please guide us by giving advice in details that if it is possible for IOCL employees (presently on role) to file writ petition claiming to deduct 8.33% of employer's contribution of PF on actual salary (at present 8.33% is deducted on a salary capping of Rs. 15000.00 ) based on the above Supreme Court judgment, MOL&E letter and EPFO order.
regards,
TAPAN KUMAR DAS
