Supreme Court of India · 2001-07-25
Shitla Sharan Srivastava & Ors vs Government Of India & Ors
- Citation / case number
- AIR 2001 SUPREME COURT 2540
- Court
- Supreme Court of India
- Petitioner
- Shitla Sharan Srivastava & Ors
- Respondent
- Government Of India & Ors
- Author
- Shivaraj V. Patil
- Bench
- S. Rajendra Babu, Shivaraj V. Patil
Judgment text excerpt
The Supreme Court ruled that the employees of the State Bank of India are entitled to gratuity as per the Payment of Gratuity Act, 1972, specifically under Section 4(5), which allows for better terms under agreements but does not retroactively apply the enhanced gratuity ceilings established by the 1998 Amendment. The Court held that the amendments to the gratuity ceiling effective from 24.9.1997 do not apply to employees who retired before this date, affirming that the petitioners' claims for enhanced gratuity prior to this date were not valid. The outcome was a dismissal of the writ petitions seeking enhanced gratuity amounts.