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No.(PRAN) 110121482966 or paid directly to your SBI Ac. No. 10667912051.

Both the issues raised in the representation have been examined in consideration to DPE guidelines / company policy on the matter.

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"NHDC"
Signature Not Verified Digitally Signed By:NITIN KAIN W.P.(C) 12069/2018 & W.P.(C) 12110/2018 Page 4 of 29

ANALYSIS Issue (i): Applicability of BPE/DPE OMs to BHEL

19. BHEL is a CPSE. The DPE issues guidelines on pay revision and associated superannuation benefits to CPSEs. BHEL itself asserts in its counter affidavit that its pension scheme was introduced as part of wage revision as per DPE guidelines. The said paragraph reads as follows:

"That it is pertinent to clarify that unlike in Govt., the employees of the company are member of contributory provident fund scheme under Employees Provident Fund & Miscellaneous provisions Act, 1952 Pensionary benefits under BHEL Employees' Pension Scheme is as an additional superannuation benefit and has been introduced as part of wage revision w.e.f. 01.01.2017, as per DPE guidelines, The pension scheme is nothing but a mere purchase of annuities from Insurance Companies on retirement/ death and cannot be compared with pension scheme in Govt. where pension is disbursed from the Consolidated Funds of India."

20. This assertion has two consequences. First, BHEL cannot simultaneously adopt DPE guidelines as the source of authority for creating and operating a pension scheme and then disown the interpretive framework that accompanies those guidelines when disputes arise about mobility and continuity.

21. Second, where BHEL's own internal policy instrument (such as its Personnel Manual) expressly states that DPE guidelines "will be followed"

The interaction between DPE framework and BHEL scheme text

34. BHEL says it adopted a pension scheme as part of wage revision as per DPE guidelines. The DPE guidelines, particularly the 21 st May, 2014 OM, contemplate situations of resignation and provide a distinct treatment for resignations falling under "technical formality". The scheme text in BHEL excluding resignation, cannot be read in isolation from the DPE framework which BHEL says it implemented.