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april 1996

Supreme Court of India · 1996-04-09

JOTINDRA NATH ROY vs SURENDRA BIKRAM SINGH AGARWAL .

Citation / case number
SC 1995/13643
Court
Supreme Court of India
Petitioner
JOTINDRA NATH ROY
Respondent
SURENDRA BIKRAM SINGH AGARWAL .
Author
Faizan Uddin
Bench
FAIZAN UDDIN

Judgment text excerpt

The Supreme Court held that the appellant, a retired employee of a Trust created by Late Babu Lal Agarwal, is entitled to pension and gratuity as per the scheme framed for the Trust's administration. The Court emphasized that retirement benefits constitute a legal right under the Payment of Gratuity Act, 1972, specifically referencing Section 14, which mandates gratuity payment regardless of the scheme's silence on the matter. The Court overturned the Calcutta High Court's decision that dismissed the appellant's claim for pension and gratuity, thereby reinstating the Single Judge's order.

JOTINDRA NATH ROY vs SURENDRA BIKRAM SINGH AGARWAL . · Niyam