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march 1990

Supreme Court of India · 1990-03-23

COMMITTEE FOR PROTECTION OF RIGHTS OF ONGCEMPLOYEES AND ORS vs OIL AND NATURAL GAS COMMISSION THROUGH ITSCHAIRMAN--TEL BHA

Citation / case number
SC 1988/70676
Court
Supreme Court of India
Petitioner
COMMITTEE FOR PROTECTION OF RIGHTS OF ONGCEMPLOYEES AND ORS
Respondent
OIL AND NATURAL GAS COMMISSION THROUGH ITSCHAIRMAN--TEL BHA
Author
MUKHARJI, SABYASACHI (),RAY, B.C. ,KANIA, M.H.,SAIKIA, K.N. ,AGRAWAL, S.C.
Bench
MUKHARJI, SABYASACHI (CJ),RAY, B.C. ,KANIA, M.H.,SAIKIA, K.N. ,AGRAWAL, S.C.

Judgment text excerpt

The Supreme Court held that temporary employees of the Oil and Natural Gas Commission, upon absorption into the statutory body, are not entitled to pension benefits in addition to the Contributory Provident Fund they opted for. The Court clarified that Section 13(1) of the Oil and Natural Gas Commission Act, 1959, and Regulation 3(2) of the Oil and Natural Gas Commission (Terms and Conditions of Appointment and Service) Regulations, 1975, do not guarantee pension rights post-absorption. Furthermore, Section 12 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, does not apply in this context, as the Contributory Provident Fund serves as a substitute for pension benefits.

COMMITTEE FOR PROTECTION OF RIGHTS OF ONGCEMPLOYEES AND ORS vs OIL AND NATURAL GAS COMMISSION THROUGH ITSCHAIRMAN--TEL BHA · Niyam