Friends,

As you all know that petitions were filed in the Supreme Court regarding increase in pension on actual pay for EPS'95 pensioners to which representation to the petition was made by various bodies / associations of the Public Sector undertaking including BHEL. The deliberation of these petition were held for about 5 years and finally the matter after hearing by the 3 Judges bench was referred to the larger bench which included the CJI Mr. UU Lalit for final hearing and judgement.

During the final hearings and cross examination by CJI it was being understood that judgement was to come in favour of all EPS'95 pensioners (exempted and Non-exempted establishments) which numbered to around 65 lakh but unfortunately as always happens the judgement pronounced by the CJI on 4th November 2022 denied justice to pre 2014 retirees and their remaining part of the life has been put in doldrum. Petitions have again been filed in the Supreme Court for review of the judgement and the issue has also been taken up by the National Agitation Committee with PMO and relevant Ministries to which information is yet to come.

As regards BHEL, the matter was taken up by the employee federations with the management to clarify it's stand to the judgement. A committee was formed by Corporate Office for fact finding and to submit its report within 15 days. 

What has been the observations of the committee on the judgement are not circulated but recently on 16th January 2023 ED, HR, Corporate office has issued a letter to all Unit Heads of BHEL explaining BHEL's stand on the scheme and has put the onus on the employee. It has further stated in its circular under Point 4 (A) - (for pre 2014 retirees) that those employees who have exercised their option for EPS'95 pension on higher salary but was rejected by EPFO and are meeting the criteria (if so desire) may submit their application to the concerned EPFO office from where they are drawing their pension with desired documents as specified in EPFO circular, necessary undertaking as per clause iv Para 7 of EPFO circular shall be provided by BHEL PF Trust.

Friends,

BHEL silently  shrinking it’s responsibility through circular of 16/01 regarding employees contribution and exercising option for higher pension for pre 2014 retirees is totally incorrect.

As is understood now, EPFO has been issuing orders from time to time regarding changes made in eligibility criteria and contribution thereof from the employees but never ever BHEL kept employees informed of the changes although it was / is total responsibility of the company. The company had once taken option from the employees when EPS was implemented in 1995 and never ever thereafter has notified with regard to the changes made in the scheme from time to time.

BHEL being exempted organization, the PF and EPS accounts of contribution of employee were maintained by finance dept and all information from EPFO collated by HR. It was thus the moral responsibility of both of these departments to keep the employees informed. I being in Bhopal Unit is sure that no such communication was circulated by Finance or HR departments in our unit and must be the same case for the other BHEL units. Prima foci as per 16/01 circular the entire fraternity of pre-2014 retired employees are put to a situation of no go and grave loss which is neither appreciated nor acceptable. It may thus be noted that due to failure of management in fulfilling it's responsibility, why employees be put to loss.

We, the Pre 2014 retired employees have to strongly pursue our rightful case with the management to compensate the employees for the amounts (arrears and monthly payments) which would have been paid by EPFO by increase in pension amount for similar age (retirement date) employees. The onus cannot be put on the employee whatsoever.

It is, therefore, my humble appeal to all the effected employee friends and colleagues, irrespective of their cadre to sign this petition as much as possible so as to put our case strongly to the management and get justified relief. Just imagine even after serving for 36+ years for the organization / nation during prime time of our life we are getting meager social compensation to carry on. 

Would be thankful for your support in this common cause. Please sign and forward this petition to your friends and colleagues asap through whatever means – email, WhatsApp etc as the issue is time sensitive and urgent.

Thanks & regards