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TMI Blog1988 (5) TMI 371X X X X Extracts X X X X X X X X Extracts X X X X ..... urmah Shell oil Storage and Distributing Company of India Limited (hereinafter referred to as Burmah Shell) in relation to its undertakings in India. Sections 3, 4, and 9 of the Act are relevant. Under section 3 the right, title and interest of Burmah Shell in relation to its undertakings in India stood transferred and became vested in the Central Government. In terms of section 4, the assets and liabilities were taken over by the Government of India. Under section 9 persons employed under Burmah Shell came under the employment of the Government company known as Bharat Petrolium Corporation A Limited (respondent No. I herein) Section 1()(1) provides thus: "Where a provident, superannuation, welfare or other fund has been established b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t servants, both of civil and defence services, cannot be extended to a public sector undertaking. The pension scheme of Burmah Shell was set up by Non-Contributory Pension A Fund by a Trust Deed in December, 1950, but effective from 1st January, 1947, of which both the management staff as also the clerical staff were members. This Court on 13th of November, 1987, referred two questions arising for determination for the opinion of Mr. D.K. Lodaya, Chief Actuary of the Life Insurance Corporation of India at Bombay, with the consent of parties and the two questions referred to are: (1) Is the pension fund actuarially solvent to bear the liability flowing from restoration of commuted portions of pensions after 13 or 15 years from the respecti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... troleum Corporation to its employees in support of their claim for the increase in the pension. While Burmah Shell had a pension fund which has been taken over by the Government company, Caltex did not have such a fund The allegation made by the petitioners that the Hindustan Petroleum Corporation Where there is no such fund has granted a steep escalation in the pension has not been disputed before us. Admittedly Burmah Shell is a bigger company than Hindustan Petroleum Corporation. We have been told that the total Burmah Shell management staff presently in the employment of the respondent No. 1 would be around a thousand. Nothing acceptable has been placed before us from where support can be received for the argument of Mr. Pai, learned co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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