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july 2001

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.

Shitla Sharan Srivastava & Ors vs Government Of India & Ors · Niyam