ups_00563 — Post 1-10-2000 appointees in the BSNL are employees of the BSNL and are governed by EPF scheme and not General Provident Fund Scheme

Post 1-10-2000 appointees in the BSNL are employees of the BSNL and are governed by EPF scheme and not General Provident Fund Scheme — This chunk discusses a labor dispute where an employee, appointed by the Department of Telecommunication prior to BSNL's formation, asserts that he should continue receiving his salary under the GPF ... — Facts:The Applicant was provisionally selected under compassionate ground for the post of Telecom Office Assistant (General - 1) and directed for training by Order, dated 27-6-2000. He had undergone the training from 4-9-2000 to 3-10-2000. In between BSNL was formed on 1-10-2000. On completion of training, he was appointed under the GPF Scheme. He was regularly paid the salary till August, 2018, when without any prior notice much less any written order, the salary was stopped and the Applicant had penned a representation, in this regard. The Respondents had furnished a reply to his representation, on 12-10-2018 to the effect that since the Applicant was appointed after the constitution of BSNL, he was covered under the EPF scheme and the system suggested to maintain EPF. Deduction of GP Fund was an error. Salary for the month of September not having been disbursed to the Applicant, he sent a legal notice to which also a like reply was received and thereafter this OA was filed. The main ground set out was that, the Applicant was appointed by the Department of Telecommunication prior to formation of BSNL and thus he was governed by GPF scheme. After formation of BSNL and absorption of employees of Department of Telecommunication, the GPF account was continued. His case is covered under Rule 37-A of the Civil Services (Pension) Rules, 1972. Thus, the prayer in the OA was to the effect that he be declared to be entitled to the GPF Scheme and his withheld salary be released. The OA was contested by the Respondents on the ground that the appointment of the Applicant prior to formation of BSNL was only provisional and the Applicant was not absorbed in BSNL but was appointed and his name was erroneously kept as a GPF subscriber instead of EPF. His regular appointment was with effect from 4-10-2000 and all such employees appointed posterior to the formation of BSNL were only EPF subscribers.