THE G.M. EID PARRY (I) LTD. vs THE PRESIDING OFFICER .

The Supreme Court upheld the decision of the Appellate Bench of the High Court, affirming that the 1956 memorandum of settlement did not substitute gratuity for pension under the General Office Order No. 26 dated 1.12.1943. The Court clarified that employees were entitled to both gratuity and pension, as the entitlement to pension was a condition of service and not negated by the settlement. The Court dismissed the employer's appeals, reinforcing the statutory nature of gratuity under the Payment of Gratuity Act, 1972 and the rights of employees to claim pension.