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Virender Nath Diwedi vs Bses Yamuna Power Ltd on 3 September, 2011 cites

Govt. Of Nct Of Delhi And Ors. vs K.R. Jain And Ors. on 30 March, 2006

Therefore, it is deemed admitted that the retirement dues of workman have not been paid till date. If the management No. 1 could pay the retirement benefit of workman who had opted for SVRS policy, there was no reason to withhold the retirement benefits of the LCA No. 02/09 11 of 13 pages workman, if he sought retirement prior to launching of SVRS policy because liability to pay dues is admitted by the management No. 1. Referring letter dated 21.01.2004 received from the Govt. of NCT of Delhi. Hon'ble High of Delhi in case 'LPA No. 98/05, titled as Govt. of NCT of Delhi & Ors. Vs. K.R. Jain & Ors.', has held that it would be NDPL which would be responsible for the payment of amount as per direction of Ld. Single Judge to the respondent No. 1 and not the Delhi Power Company Ltd. The said judgment has been upheld by Hon'ble Supreme Court. In the present case, it is the BSES YPL in place of NDPL who has been held responsible for the payment in the authority relied above and therefore, BSES YPL, the management No. 1 herein, is liable to pay the retirement benefits to the workman.
Delhi High Court Cites 16 - Cited by 22 - S N Dhingra - Full Document

Bses Rajdhani Power Ltd. And Anr. vs Government Of Nct Of Delhi And Ors. on 25 May, 2006

3. Management No. 2 has filed separate written­statement taking preliminary objection that the claim is not maintainable as the case is covered by direct judgment of Hon'ble High Court in the matter CWP 4827/2005 and 5198­99/2005, titled as BSES Vs. GNCTD & Ors, reported as 2007 (142) DLT 65: 2007(8) AD (Delhi) 605: 2008 LIC 1, wherein LCA No. 02/09 6 of 13 pages Hon'ble High Court has held that Rule 48 (A) of CCS Pension Rules is not covered under the existing Trust Deed and Rules and that Pension Trust (defendant herein) is strictly a Superannuation Trust and mandated to disburse for cases only covered by the Trust Deed and vide order dated 08.10.2007 (CWP 4827/2005 and 5198­99/2005) the Hon'ble High Court was even pleased to discharge the Pension Trust from the role of even disbursal of Pension, till the date of superannuation (age of 60 years) of the SVRS optee. The Hon'ble High Court further held that it was the employer which was responsible for paying pension till the date of superannuation and that also through a separate Trust body created for the purpose. The workman had taken voluntary retirement from its employer BSES YPL, as such no relief can be claimed against any other person till the date of actual superannuation and in the present case, the workman will attain superannuation only on 31.12.2011 and thereafter will get pension from the respondent only thereafter and that too if he is eligible under the Pension Rules and has completed the requisite qualifying service. It has been submitted that claim against the management No. 2 is not maintainable and claimant is not entitled for any interest at this stage because no amount whatsoever has become due from management No. 2.
Delhi High Court Cites 21 - Cited by 13 - S R Bhat - Full Document
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