Dear Apex Council Members,
The following WhatsApp message from Sri Gurumukh Singh, which was circulated to Sr. Members of the Core Group, is reproduced below for your kind perusal.
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
"I along with 10 representatives of various exempted Central PSUs (NTPC, IPC, BPCL ONGC, PFC) met Advocate S/Shri Anip Sachthey and Aditya Dhawan on 25.08.2017 in Delhi and deliberated the case vis-a-vis SC Judgment with the advocates. We also discussed on the circulars issued by CPFO dated 23.03.2017 and 31.05.2017 and its merit.
You are aware, Shri Anip Sachthey & Shri Aditya Dhawan are Supreme Court lawyer and are famous for the case of RC Gupta Vs EPFO fight where SC has given the landmark judgment against CPFO and EPFO.
The advocates has agreed to take up the case and wants to fight the same in Supreme Court on our behalf mainly with the contention of scrapping arbitrary advisory dated 31.5.17 which has no legal locus-standi nor any reference in any of the judgment. The advocate requested the delegation to submit a write up on EPS 95 issue along with all the relevant documents in seritum available with every individual Association.
The advocate has asked an initial fee of Rs 2.5 lac per Association to fight the case.
This is for information of EPS95 friends."
@@@@@@@@@@@@@@@@@@@@@@@
Observations and suggestions from Dr.V.N.Sharma: Based on WhatsApp interaction with other PSUs and their Fed/ Assn I have the following to say:
- Hoping that CBT might decide the issue in our favour, of rejecting the 31st May 2017 EPFO Circular against Exempted Establishments, most of the PSU Retirees Associations/ Federations are keeping the Court route on hold for the outcome of CBT meeting (which is not scheduled yet.)
- Since CBT route will get each one of us an opportunity to go ahead with the Pension process it is preferred whereas Court route will require each and every interested member to sign Petition/ Vakalatnama because only Petitioners will get the advantage of the favourable Court Order.
- FORSE (Dr.VNSharma on our behalf) has served a Legal Notice to EPFO, New Delhi. Even if it is replied it may not be very helpful.
- Preliminary legal advice recd through informal channels are
- that since we do not have direct membership of FORSE it will not be helping members as each interested member will have to sign the Petition/ 'Vakalatnama'.
- that in case FORSE is expected to go to Court it will be Bhubaneshwar High Court only as its Jurisdiction is limited to Dist of Sundargarh.(It does not have All India operational jurisdiction). - Sri Abhay Das to check it please.
- All Regd Associations only can go to High Court with signature of each interested members on the Petition/ Vakalatnama.
- An estimate of expenses can be had from the above highlighted 'an initial fee of Rs 2.5 lac per Association to fight the case. Final amount can be anybody's guess.
- Individual Unit Associations of FORSE may please consider the financial engagement & involvement before taking a decision on the issue.
- Since Regd. Unit Associations will have to take the legal route the decision of the Unit Associations, in my opinion, will have to be independent of FORSE or sister Unit Associations.
I request you all to kindly (i) discuss the EPS 95 issues seriously with formal legal advice from a competent lawyer (No hearsay please), (ii) check the above facts with the lawyer and (iii) take appropriate decisions with an estimated number of Petitioners from your Unit and financial commitment of the members.
I assure you of updating you all as and when it is needed so that Units take appropriate decision before coming to Salem.
With warm regards,
--
For & on behalf of Federation of Retired SAIL Employees (Regd)
Dr.V.N.Sharma, Chairman
कोई टिप्पणी नहीं:
एक टिप्पणी भेजें