Bharat Petroleum Corpn. Ltd. ... vs Chairman & Managing Director Bharat ... on 17 August, 1993
The said writ value of petition was decided by the judgment dated May 11, 1988 reported as Bharat Petroleum (Erstwhile Burmah Shell) Management Staff Pensioners v. Bharat Petroleum Corporation Ltd. and Ors. . During the course of hearing of the said writ petition, the petitioners requested that the question of restoration of the commuted value of the pension may not be adjudicated and the said matter was, therefore, not examined by the Court and the question about the escalation of pension amount alone was dealt with. Keeping in-view the fact that in the sister concern owned by the Central Government, namely, Hindustan Petroleum Corporation, increase in pension had been granted to the employees, this Court directed that the petitioners in the said writ petition, viz., the management staff of the Burmah Shell, would be entitled to a hike in the pension admissible at the same rate as is being given by the Hindustan Petroleum Corporation. The said hike in pension was made effective from May 1, 1988. The contention urged on behalf of the Bharat Petroleum Corporation that if the escalation admitted by Hindustan Petroleum Corporation is accepted as the basis for escalation in Burmah Shell a burden would arise which the respondent-company cannot discharge, was not accepted.