Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 31 - Retiral benefits- Grant of- Employee seeking voluntary retirement- On 14.07.1990 the employee sent letter of resignation to the Corporation - Resignation accepted on 11.01.1991 - Thereafter Service Law: Life Insurance Corporation (Employees) Pension Rules 1995- rr. 3 1995 Rules coming into force with retrospective effect from 01. 11.1993 - Representation by employee for grant of pension on the ground that Rules were applicable to him in terms of r. 3 as he was in service of the Corporatio |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service Law:Life Insurance Corporation (Employees) PensionRules, 1995- rr. 3, 31 - Retiral benefits- Grant of- Employeeseeking voluntary retirement- On 14.07.1990, the employeesent letter of resignation to the Corporation - Resignationaccepted on 11.01.1991 - Thereafter, 1995 Rules cominginto force with retrospective effect from 01. 11.1993 -Representation by employee for grant of pension on theground that Rules were applicable to him in terms of r. 3 ashe was in service of the Corporation on 01.01.1986 and hadretired before 01. 11. 1993 - Corporation held that theemployee was not entitled to the grant of pension - WritPetition by employee, for grant of retiral benefits from theCorporation - Allowed by the Single Judge and DivisionBench of the High Court - On appeal, held: 1995 Rules arenot entirely retrospective - They have limited retrospectivity- r. 31 expressly has not been made retrospective - It isdifficult to treat r. 31 as retrospective, in the absence of anydeemed clause that the employees who had earlier resignedshall be treated as employees as if they had voluntarily retired- When r. 31 covers the field of voluntary retirement and doesnot make it retrospective, there being a real differencebetween resignation and retirement, it is not seemly to readthe amended regulations to the rules to make the sameretrospective - View expressed in Asger Ibrahim Amin thatretrospectivity has been given to r. 31 cannot be accepted - In view of the aforesaid, matter referred to larger Bench - Tiffthe matter is decided, the Corporation to continue paying50% of the pensionary amount to employee, commencingfrom 01.12.2015. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2019 INSC 372 |
Petitioner | Senior Divisional Manager, Life Insurance Corporation Of India Ltd. & Ors. |
Respondent | Shree Lal Meena |
SCR | [2015] 12 S.C.R. 158 |
Judgement Date | 2015-11-26 |
Case Number | 14739 |
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