Eligibility of members of an association
Namakkal Raghavendran
(Querist) 17 July 2014
This query is : Resolved
An association was formed by a group of employees to legally fight an adverse order of the Govt. The association won their case in the first court. When the Govt had exhausted all channels of appeal, they came out with the offer that only the persons who were members of the organisation at the time of filing the suit, will be given the benefit and the members who joined later, during the pendency of the proceedings will not be eligible for the benefit.
The query is: Is the Govt.'s stand correct legally?
Guest
(Expert) 17 July 2014
What was the adverse order and who filed petition, i.e., individuals or the association?
Namakkal Raghavendran
(Querist) 17 July 2014
The order by the Govt. deprived a certain section of employees of the correct pension as given by the Pay Commission. Though this order affected a large no. of pensioners only about 450 of them formed the association and registered it specifically to fight the case. During the process of the initial trial and subsequent appeal by the Govt. etc., several more joined the association pitching in their monetary contribution. The Govt. says that it will pay the correct pension only to those members who formed the association. The association was represented by the president and secretary who signed the vakalathnama. Will be grateful for advice.
Guest
(Expert) 17 July 2014
Basically, judgment applies only to those persons individually, who had been the part of the trial, not all others, even if they are also affected. However, the benefit can be extended if the DOPT adopts the judgment as a common rule for all the pensioners and issues as Government decision. So, the stand of the Government is correct.
However, the other members can also file their case and the benefit can be extended to them also by the order of the court on the analogy of the existing judgment.
Thyagarajan
(Expert) 17 July 2014
Check the terms and conditions accepted by employees who joined later. If it is same the new comers can proceed with their case as suggested by Expert Mr.PS Dingra.
If the association is registered under registrar of societies act and the new comers also become members the secretary can sue on behalf of members of society(members of association)
Advocate. Arunagiri
(Expert) 18 July 2014
It is a judgment in rem, which is founded on a proceeding instituted, not against the person, as such, but against or upon the thing or subject-matter itself, whose state or condition is to be determined. It is a proceeding to determine the state or condition of the thing itself; and the judgment is a solemn declaration upon the status of the thing, and it ipso facto renders it what it declares it to be.
Even though the Government says that they will revise the pension only to the parties to the case, the other parties can demand the govt to apply the same rule to them also.
If necessary by quoting the previous order, all the remaining person can get a order.
Raj Kumar Makkad
(Expert) 20 July 2014
I do endorse the wise advice of Arunagiri.
