Oil India Limited is one of the only two establishments in India which are EXEMPTED NOT ONLY FOR PROVIDENT FUND BUT ALSO FOR PENSION FUND. Before implementing the judgment dt 04.10.2016 in RC Gupta case, OIL India Limited sought an opinion/ advice from the Learned Advocate General of India who advised them to extend an opportunity to the employees of the Company (INCLUDING SEPERATED EMPLOYEES) to exercise the option to contribute to the Oil India Employees Pension Fund ON THE BASIS OF THEIR ACTUAL SALARY. Accordingly, the Board of Directors approved the same and the order had been implemented by Oil India Limited in r/o their Retired employees too.
[Sought a copy of the advice rendered by the Ld. Advocate General of India but failed to get it despite filing RTI applications with Oil India Ltd., Ministry of Law, Ministry of Petroleum etc. but the same was denied. I filed 1st appeals as well as Second Appeal with CIC but the same was denied as exempted under RTI Act.]
Whereas, in case of EPFO, a different yard stick is being applied as the EPFO Authorities after taking a U-Turn, are now stressing that this facility i.e. option under Para 11(3) of EPS’95 cannot be exercised by the retired/ separated employees.
Further, this issue has already been settled in the SLP no. 19954 of 2015 dismissed on 12.07.2016 (EPFO vs Austin Joseph) wherein all the petitioners were retired employees and despite arguing by their advocate (Mr. Amit Tyagi), the Hon’ble Supreme Court was not convinced and dismissed the SLP. All relevant details have been shared by me separately.
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