Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | - 1960: Regulations 51(1) and 77 Life Insurance Corporation of India (Staff) Regulations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Life Insurance Corporation of India (Staff) Regulations,1960:Regulations 51(1) and 77 - Revision of pay sea/es - Chairman of Corporation issuing Life Insurance Corporation of India Class I Officers (Revision of Terms and Conditions of Service) Instructions, 1996 fixing cut-off dates as 1.4.1993 for revision of pay and 1. 8. 1994 for payment of gratuity in terms of revised pay - HELD: An employee is entitled to gratuity- It is not a bounty - If an employee became entitled to revised pay on date of retirement, his revised pay must be taken to be permanent pay for purpose of computation of gratuity.Administrative Law:Subordinate Legislation - Powers of sub-delegatee - Chairman of UC issuing instructions in exercise of powers under Regulation 51 fixing different cut-off dates for revision of pay and payment of gratuity in terms of revised pay- HELD: A delegatee cannot act in violation of a statute - A sub-delegatee cannot exercise any power which is not meant to be conferred upon him by reason of statutory provision - Gratuity is not covered under Regulation 51 - Provident Fund and Gratuity are ordinarily governed by the Acts enacted by Parliament subject to conditions contained therein - Regulation 77 provides as to how amount of gratuity is to be calculated- Regulation 51 provides for a rule of measurement - Life Insurance Corporation of India (Staff) Regulations, 1960 - Regulations 51 and 77 - Life Insurance Corporation of India Class I Officers (Revision of Terms and Conditions of Service) Instructions, 1996.Words and Phrases:Expression "and other matters connected therewith or incidental thereto." occurring in Regulation 51 (2) of Life Insurance Corporation of India (Staff) Regulations, 1960 - Connotation of. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2008 INSC 183 |
Petitioner | Life Insurance Corporation Of India & Others |
Respondent | Retired L.l.c. Officers Association And Others |
SCR | [2008] 2 S.C.R. 823 |
Judgement Date | 2008-02-12 |
Case Number | 1289 |
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