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.