Supreme Court of India · 2014-12-16
S.Seshachalam & Ors.Etc vs Chairman Bar Council Of Tamilnadu & Ors
- Citation / case number
- AIR 2015 SUPREME COURT 816
- Court
- Supreme Court of India
- Petitioner
- S.Seshachalam & Ors.Etc
- Respondent
- Chairman Bar Council Of Tamilnadu & Ors
- Author
- R. Banumathi
- Bench
- R. Banumathi, M.Y. Eqbal
Judgment text excerpt
The Supreme Court examined the constitutionality of the proviso to Section 16 Explanation II (5) of the Tamil Nadu Advocates' Welfare Fund Act, 1987, and Section 1(3) of the Bihar State Advocates' Welfare Fund Act, 1983, which deny benefits to advocates receiving pension or gratuity. The Court held that such classifications are arbitrary and violate Article 14 of the Constitution, as they unjustly discriminate against advocates who enroll after retirement. The Court upheld the decision of the Madras High Court that struck down the impugned provisions as unconstitutional, thereby favoring the appellants' claims for benefits.