We are the working officers, Supervisors , workers & retired employees of NPCIL enacted as a CPSE by parliament of Govt of India on 3rd Sep 1987 under company act 1956. While incorporation of companey policy the NPCIL was given sovereign guaranty by Govt of India on behalf of President of India in case of any eventuallity on the subject of financial viability. President of India holds the 100% shares of NPCIL . Department of Atomic Energy is Governing Body of NPCIL & is been enacted as an enterprise not as undertaking. NPCIL is unique companey in India whose pay structure are CDA based with EGLIS coverage which is only available to those of Govt of India employees . Its 99% service conditions are adopted as of CCS 1972.

It has been excluded by MoL under 16(1)b of EPF & MP act 1952 & claims that its EPF scheme 1990 has been formulated incorporating all essential clause of 1962. NPCIL is registered as CPSE under section 8 subsection 2&3 of PF act 1925 not under EPF & MP act 1952.

Sevice Condition for officers , Supervisors & Workman were formulated & finalized in 1998 . However as per parliament note minitized & obtained by us throught RTI note during enactment of NPCIL , the service condition was to be finalized in consultation with all stack holders within one year from 1987 upto 1988. To evolve the service condition JCC the constituents of workers & Supervisors were allowed to formulate the service condition of NPCIL while officers associations were always ignored to be heard. AEC evolved a Governing guidelines to govern NPCIL in 2008 just after 20 year after inception of NPCIL.

Although EPF rule 1990 issued in 1991 and made applicable w.e.f 1990 also had a mention that , same has been formulated in accordance with PF act 1962 covering all essential clauses of 1962 .

PF act 1962 has two essential clauses as employees on their superannuation will be having two options , one to opt for CPF , second to opt for old age pension but while formulating EPF 1990 the very essential clause 37 & 38 were skipped .

NPCIL while submission to MoL in 1991 claimed that NPCIL PF is GPF & NPCIL is Govt .

Since DAE endorsed it hence relying on the subsequent submissions MoL granted exclusion from applicability of EPF act 1952 under its clause 16(1)b , which is irreversible as per legal communication of EPFO; Jan 2021. NPCIL through introduction of EPF rule 1990 also claimed that it's for the benefit of employees, however this commitment was never executed through applying this scheme to NPCIL by curtailment of OPS eligibilty from existing prior to formulation of this scheme .

Also as per mention provided through terms & conditions of service conditions , the conditions not enumerated in service conditions will be applicable to employees of NPCIL as of existing (i.w. prior to 1987).

By virtue of this declaration through service condition finalized in 1994 , the employees of NPCIL are entitled for old age pension in accordance with CCS 1972 .

Also as per 4.1 , 4.4 of AEC guideline the superannuation benifit to NPCIL employees will be at par or better in comparison to employees of Govt of India.

Also as per article 1.5.2 of AEC guidelines 2008 the superannuation scheme shall be as well as available to those of Govt of India employees.

Simultaneously as per 3.3.2 of service condition by granting erstwhile employees of NPCIL to opt combined pension option including the service rendered in NPCIL also , it is clear that NPCIL is a pensionable establishment, the version is reiterated through 1.1 & 1.2 of NCPF scheme 1994 , but same time inserting provision 1.3 the organisation deprived NPCIL recruits to opt NCPF 1994.

This step motherly & discrimination to their own employees which they never expected from their guardians & ancestors.

Aggrieved Officers & employees of NPCIL are since then striving for a legitimate superannuation scheme .

This discriminatory behaviour of our organizational ancestors, the competent authority & JCC is continuously paining us .

Exhausting all channels of communication for negotiations to get the amicable settlement of the issue, association filled a civil writ in High Court of our Judicature in May 2017 which is listed for order now.

Although it's true as all the service conditions are governed through CCS 1972 except EPF rule 1990 which is in house scheme formulated in accordance with PF rule 1962 taking all essential clause of 1962, since it detected at latter stage that a very essential clause 37 & 38 of PF rule 1962 is excluded hence as per provision of article 24.1 of EPF rule 1990 same shall be again incorporated to make it a beneficial scheme for NPCIL employees or by curbing the EPF rule 1990 and making NCPF rule 1994 as application to all employees by deleting it's arbitrary clause 1.3 by using its article 25.1 which empowers CMD to make a rule with concurrence of DP & PW of Govt of India .

NPCIL has three pension scheme within the same organisation. NPCIL contradicts his own version in diffrent courts. in Dharwad courts they submitts that 1952 is not applicable to their employees due to exclusion under its clause 16(1) but never complies 16(1)b since its inception. Rajasthan Court they submitts that since NPCIL is PSU hence its emloyees are not entitle for CCS at par or better where as 4.1 ,4.2 of AEC guidelines assures it through its clause 1.5.2.AEC guidlines. In supreme courts they says that DCPS 2025 is third benifit & is not a pension scheme , however in mumbai high courts they submitts that it is a pension scheme , again in Rajsthan they affidavits as it's as an additional benifit.

Although CMD NPCIL have a competency to formulate a pension scheme with creation of pension fund through 60(i) of AOA of NPCIL. but as per 24.1 of EPF scheme 1990 & 25.1 of NCPF 1994 it has to be concurred by DP & PW . NPCIL also claims that DCPS 2025 has also been formulated under this clause but not firm that whether its complying its exclusion commitment or not.

NPCIL operating three pension scheme within the same organisation hence they can run the four pension scheme also by formulating one new pension scheme where in they can make provision for all NPCIL employees encluding pro rate pensioner irrespective of date of joining to NPCIL , i.e from 03..09.19987 till today & till viability of NPCIL including its decommissioning without permanant seeding any money to its pension fund . They may seed some 500Cr for some limited period & after that period they may withdraw this seeded money back to them within limited period . With This they may save the current budget of 1507 Cr (subject to increase w.r.t time) which is an unwarranted financial burden of organisation & need to be avoided & still this scheme is Less beneficial to employees & nill provision for families of employees & NPCIL compelled their employees to opt it by provisioning of a cut off date to the scheme .