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Pension Scheme extended to employees cannot be withdrawn after 24 years without giving notice under section 9A of ID Act. - The Industrial Disputes Act, 1947

Notice under section 9A of the Industrial Disputes Act, 1947 is mandatory prior to effecting any change in conditions of service of the Employees' Pension Scheme extended to employees and continuing for the last 24 years would become a privilege of the workmen and cannot be withdrawn after 24 years without giving mandatory notice under section 9A of the Act. Withdrawal of benefits of pension on the ground of making payment of gratuity compulsorily without service of notice under section 9A of the Industrial Disputes Act, 1947, is illegal. Limitation for raising an industrial dispute regarding pension benefits would start from the date when first employee retired and he was refused benefits of pension and not from the date of circular of the company. Delay of 3 years is not inordinate or unreasonable for raising an industrial dispute.

-Tata Global Beuerages Limited, Mumbai vs. Tata Tea Employees' Union, Mumbai and Another. 2017 Lab IC 2010 (Bom. H. C.)

The Industrial Disputes Act,1947

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