v. Chairman and Managing Director Bharat Petroleum Corporation limited, Bombay and Ors.
1278/ per month.
Hence the present appeal has been filed by the appellant.
Ltd. Ex Employees Association and Ors.
1993 4 SCC 37 .
Since the decision was to calculate the percentage of increase only on the then existing pension, they have companyrectly implemented this decision by calculating 56.03 increase on the existing pension.
In January, 1976 the Burmah Shell Acquisition of Undertaking in India Act, 1976 was passed pursuant to which the right, title and interest and liabilities of Burmah Shall in relation to its undertakings in India came to be vested in the appellant company.
The High Court has granted the relief claimed by the respondent.
On 30th of June, 1993, the appellant company decided voluntarily to give to its retired employees an increase of 56.03 on their existing pension.
As a result, the respondent received on his retirement a monthly pension of Rs.
In the meanwhile, in 1989 the Bharat Petroleum Corporation Ex employees Association representing the pensioners in the clerical staff category, had filed a writ petition in this Court claiming that such of the pensioners who had companymuted portion of their pension and who had lived for more than 15 years after the companymutation, should be given the benefit of restoration of companymuted pension.
As of 1.4.1993, the pension of the respondent had been voluntarily increased by the appellant company from Rs.
It is true that under the decision of this Court set out earlier, the benefit of restoration of companymuted portion of the pension has been given with effect from 1.4.1993.
439/ .
However, the decision which was taken prior to the judgment of this Court was to give the increase at the rate of 56.03 on the then existing pension.
When the appellant took the decision to give an increase of 56.03, they had in mind only the existing pension which was being paid to its employees.
964/ , and the respondent should get a total pension of Rs.
He was entitled to companymute 1/3rd of this pension amounting to Rs.
As a result, the respondent was given monthly pension calculated as follows As on 1.4.1993 Pension Rs.
Thereafter, they have also added to this figure the companymuted value of the pension as per the subsequent decision of this Court.
Thereafter the appellant company voluntarily increased the pension payable to the retired employees.
439/ , which he did.
2684/ per month.
878/ .
The decision is reported as Bharat Petroleum Corpn.
The decision was purely voluntary and there was numberlegal obligation to give such an increase.
Mrs. Sujata V. Manohar, J. The respondent retired from the Bhrmah Shell Oil Storage and Distribution Company Ltd. on superannuation with effect from 1.2.1975.
The financial burden on the appellants was calculated on the basis of the increase of 56.03 being given on the then existing pension.
This relief was granted by this Court by its order dated 17.8.1993.
As a result, the 56.03 increase would companye to Rs.
1317/ per month.
At the date of his retirement he was in the managerial cadre of the Company.
The respondent, however, companytends that the increase of 56.03 which was given with effect from 1.7.1993, should be given on the pension of Rs.1278/ the companymuted pension of Rs.
On his retirement, the respondent became entitled to a pension of Rs.
878/ to Rs.
Supra which was delivered only on 17.8.1993.
