EPF Full Pension Case

EPF Full Pension Case

Hon SC bench observed to consider whether to give a conclusion or to refer the issue to a larger ( 3 ) bench and accordingly may pass the order by 24th August 2021. The Hon Court also observed that they cannot ignore or check the question of correctness of ruling by a coordinate bench. The distinction between exempted organisations and unexempted. organisations also came for discussion today.

Update on EPF Full Pension Case

The Hon’ble SC yesterday heard the arguments of EPFO against the decision of Hon HC Kerala judgement and other connected orders which quashed the EPS(amendment)-2014. Hon HC Kerala earlier set aside the EPFO amendment by judgement in 2018 and declared that all the EPF covered employees shall be entitled to exercise the higher pension option without being restricted to a particular date and allowed the 12 month average salary condition instead 5 years. In April-2019 Hon SC had dismissed the SLP by EPFO against Hon HC Kerala and later in January-2021 a three bench judge recalled the dismissal order in the review petitions filed by EPFO and posted for hearing- which is happening now along with various connected petitions across country. The final judgement arose on WPC 13120/2015 from Hon’ble HC, Kerala. AIGETOA Kerala Circle Secretary along with 504 BSNL recruits including executives and non Executives are connected with the order on WPC 13120/2015 against which the arguments are happening now.

Click here for a summary document of various Hon Court proceeds and part of order copy

This being the factual information, it is seen that some informational claims started propagation where as neither that association nor it’s member (other than those who joined the EPF case along with AIGETOA Kerala) are not even a party to this legal fight. Let’s not forget that this particular association’s negative followers were very much vocal against reaching to Hon Court when our team decided to seek legal remedies for EPF full Pension option. Anyways, we are happy to see that they have understood the need of legal fight on this matter. It is also pertinent to mention that they are masters in credit mongering especially when it comes to benefits of BSNL Recruit’s without any actual ground work. The same type of elements had mislead the SAB Pension Vs EPF till AIGETOA opened the reality i.e. both are different. If the Rule-37A Clause 23 as envisaged at time of incorporation of BSNL then SAB would have effected from date of joining of BSNL recruits, then the story would have been different. From this aspect itself it was known that they were not at all interested in realizing the due rights of BSNL recruits. Let’s hope that legal fight for EPF Full Pension and average Salary condition to 12 month’s will be upheld by Hon SC also to help the people who are not protected by the Government statutory Pension. The arguments will continue today.

Court Case filed at Hon’ble CAT Jabalpur dismissed – Opening the channel of SDE Promotion

The court case filed at Hon’ble CAT Jabalpur by some executives on JTO to SDE DPC promotion has been dismissed on 01.07.2021. AIGETOA was trying hard to revoke the stay by the Hon’ble Court and finally truth prevailed in the form of dismissal. This dismissal of the case once again vindicated our stand and now we request the management to issue the JTO to SDE promotion without further delay. We request all JTOs to shun this crab culture as it is not going to benefit anyone. Instead let’s join hand together to support each other and ensure rightful due. We assure to stand for one and all executives including JTOs) irrespective of their belongingness and affiliation.

SAB Case Update : Hon’ble CAT Ernakulam

The OA for demanding the full SAB dues wef date of joining filed by AIGETOA in the name of Association, also admitted at Hon CAT Ernakulam. The earlier case was filed by members of AIGETOA as individuals to avoid complexity in case of rejection as SAB can be termed as individual benefit also and it was required to be done before 3rd PRC implementation. That case was admitted and DPE as well as BSNL submitted its reply. Now after becoming majority recognised association, AIGETOA filed a fresh application also at Ernakulam to expedite the process and to cover all the BSNL Recruits irrespective of association or grade as beneficiary.

After initial admission, The case was posted on 01.07.2021.

Today BSNL Standing counsel admitted that there are definite dues towards SAB contribution and due to paucity of funds, the same has not been extended. Hon’ble Tribunal has directed BSNL to submit a statement showing the amounts due as per the existing scheme in two weeks time. During hearing Hon Court also observed that the said amount cannot be denied or delayed and needs to be paid without any delay.

Dear friends, in the membership change window season, long long writeups are coming from various groups containing CR of AIGETOA association in the last 10 months of being majority. Though it’s laughable and ridiculous that people who were in the helm of the affairs for more than two decades are writing CR of AIGETOA and its leadership for the last 10 months. We also wish to inform that some splinter groups are also in quest for defaming AIGETOA.

However, we once again reiterate that we will reply all these people and splinter groups through action and results. Things have been delayed because of reasons beyond our control and not because of lack of intent or initiative.

We once again leave it to people to exercise their conscience and recognise what is good and what is bad..

Our legal team is on Job for replacement of E1 Pay Scale by E2 pay scales as entry level JTO/JAO scales. We already have obtained an stay on degradation of Pay Scales in JTO RR and very soon we will be apprising you about some good news on that part also.

We extend our special accolades to AIGETOA Kerala Legal Team who are taking this issue from front under the guidance of AIGETOA CHQ.

AIGETOA became party in the IDA Freezing Case at Hon’ble High Court, Guwahati:

The Hon’ble High Court, Guwahati has accepted the application of AIGETOA to be a party in the ongoing IDA Freezing Case at Guwahati. Earlier AIGETOA appeared in the Hon’ble Court on 12th March through its council and pleaded to become intervener in the ongoing case. After listening the arguments of all parties, the Hon’ble Court accepted AIGETOA plea to be a party in the case. Now the association will be submitting its detailed arguments in the Court for lifting of the IDA Freezing order from BSNL Employees citing the various grounds. We will not only demand its restoration but the payment of arrear also for the lost periods.

JTO to SDE DPC Case at Jabalpur

The case at Jabalpur was heard today and arguments were held. Detailed arguments took place and counsel from BSNL side as well as association side, both pleaded strongly for the vacation of Stay, however Honble tribunal posted the case for final hearing on 13th January 2021, stating that since we are placing it for a very short date and accordingly final hearing shall be held on 13th January 2021.

The opposite side also objected on the presence of AIGETOA and four individual applications as Intervenor and said that association side should not be made party. However, individual intervention applications have been accepted as party to the case and accordingly our senior counsel shall continue to argue in the case. Though the thought process and inclination of the whole arguments appeared tilted towards vacating the stay but since the case was posted for a very short date for Final orders on 13th January 2021, the interim relief remains continued.

However, the applicants who are representing mostly one particular association and are working duly under the supervision of one of their prime CHQ office bearers have submitted their rejoinder yesterday in the late evening which was received by us around 11:45 PM. However we managed to send the counter matter to our counsel well in time by 3:30 AM for arguments. Since the stay has not been vacated from Jabalpur yet and the case has been posted for final arguments on 13th January 2021, we need to wait a little more despite completion of all preparatory exercises and all preparedness for issuance of orders. Association shall be holding its emergency meeting tomorrow as decided earlier to discuss and decide on the next alternative course of action in view of the developments at Jabalpur.

We know and we can understand the anxiety on the part of suffering executives but sometimes destiny tests our patience and during these testing times, we need to be more composed, calm, focused and more perseverant.

Accordingly we request all to have faith and we will surely be overcoming this obstacle also very soon.

  1. Click here for rejoinder submitted by the applicants
  2. Click here for today’s listing of case

Finally the truth prevailed. The Review Petition filed by BSNL, AIBSNLEA and SNEA Activists has been dismissed

Finally the truth prevailed. The Review Petition filed by BSNL, AIBSNLEA and SNEA Activists has been dismissed and the Judgement in this regard has been pronounced on 24th August 2020. Today the order copy was issued.

Click here for the order copy

Going by the Judgement, it is clearly felt that the Review Petition was filed just to delay the promotion of BSNL Recruits and the petition was flawed technically also.

Contrary to the myth created by some groups, the Judgement clearly spells out and vindicates the stand taken by AIGETOA all these while. We are highlighting the salient points of the Judgement vis-a-vis the stand taken by AIGETOA.

AIGETOA Contended that BSNL can not file appeal after executing the judgement partially. – RP order states the same- Page 21-. Last Para

Click here for the screenshot

AIGETOA Contended that only operating part of the judgement needs to be considered. Court says- the same – Operating part of the judgement reveals how Inter-se-Seniority is to be fixed. Page 25 last line.

Click here for the screenshot

AIGETOA said BSNL can do interim promotions in 1:1 ratio between DR and PR quota till seniority is finalised. Court says the same. page 24..Last line of the second Para

Click here for the screenshot

AIGETOA said the judgement deals with Inter-se-Seniority and does not deals with the Intra Seniority within the quota. Court says the same that they have not considered settlement of seniority of individuals and in fact they have decided only on Fixation of Inter Se Seniority between DR and PR quota meaning there was no ambiguity on training centre marks seniority within the quota and date of joining on RY basis. page 25..Last Para.

Click here for the screenshot

So from the judgement and technical points of the order, it is quite clear that there was no problem in issuance of promotions and the same was withheld/denied without any reasons and submissions of AIGETOA was utterly ignored despite having weight and merits. We know that the past can not be reverted but atleast now those who are responsible for this delay should behave in a responsible and non-partisan manner and support AIGETOA in its quest for ensuring justice to the deprived JTOs who are waiting for their promotions since years. From the order, it is also clear that SLP in Honble SC may also not be admitted as after partial execution of order, the appeal is generally not entertained by any court.

We therefore request management to issue the promotions immediately to ensure justice for the deprived lot and also to avoid any further legal complexities. We sincerely hope that management will now ensure the correct action on their part and will extend the long awaited promotions to the JTOs who have been waiting for their promotions since years.