[Civil Appeal No. 7483 of 2014 arising out of Special Leave to Appeal (Civil) No. 29639 of 2012]. [Civil Appeal No. 7484 of 2014 arising out of Special Leave to Appeal (Civil) No. 30061/2012]. The primary question for consideration in all these appeals is whether the respondents were entitled, as of right, to one more opportunity to switch-over from the Contributory Provident Fund Scheme of which they were members, to the Pension Scheme and the General Provident Fund Scheme implemented by the appellant with effect from 28th November, 1988? Broadly speaking, the contention of the respondents is that they were unaware of the switch-over option since they were posted in remote areas of Rajasthan, while the contention of the appellant is that a large number of opportunities extending over 8 years were given to the respondents to exercise the switch-over option and that they could not claim any right to any further opportunity to make the switch over. In our opinion, the contention of the appellant must be accepted and the impugned judgment and order dated 17th May, 2012 accepting the contention of the respondents has to be set aside. The facts: The Rajasthan State Electricity Board (for short 'the RSEB') had introduced a Contributory Provident Fund Scheme in 1972 (for short 'the CPF Scheme') for the benefit of its employees. This was in exercise of powers conferred by the Employees Provident Funds and Miscellaneous Provisions Act, 1952. On 28th November, 1988 the RSEB, in exercise of powers conferred by Section 79 of the Electricity (Supply) Act, 1948 made the Employees Pension Regulations, 1988 (for short 'the Pension Regulations') and the Employees General Provident Fund Regulations, 1988 (for short 'the GPF Regulations').
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