Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Pension - Entitlement of - Employee resigned on personal grounds after completing 23 years 7 months of service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Pension - Entitlement of - Employee resigned onpersonal grounds after completing 23 years 7 months ofservice - After attaining 50 years of age - Thereafteremployer-Corporation notified Life Insurance Corporation ofIndia (Employees) Pension Rules, 1995 - The Rules weregiven retrospective effect - Employee sought for benefit ofpension as per 1995 Rules - Denial of claim by the employeras well as the courts below- On appeal, held: In view of r. 3 ofChapter II of Pension Rules, it is clear that the Rules areapplicable to the employee in question - None of theprovisions of the Rules and Regulations by which theemployee was regulated at the relevant time, provided forvoluntary retirement - Rule 31 of the 1995 Rules (whichprovides for pension on voluntary retirement) whenjuxtaposed to the facts of the present case, makes it obviousthat essential components of r. 31 stand substantially fulfilledin the present case - The employee ought not be deprivedof pension benefits merely because he styled his terminationof services as 'resignation' or because there was no provisionfor voluntary retirement at the relevant time - Life InsuranceCorporation of India (Employees) Pension Rules, 1995- rr.3 and 31 - Life Insurance Corporation of India (Staff)Regulations, 1960 - reg. 18.Resignation' and 'Retirement' - Distinction between-discussed.Delay/Laches - In claiming pension - Held: in casesof continuing or successive wrongs, delay and /aches orlimitation will not thwart the claim so long as the claim, ifallowed, does not have any adverse repercussions on thesettled third party rights- The claims for pension recurs frommonth to month and would not get extinguished on applicationof Jaw of prescription- In case of recurring/successive wrongs the consequential reliefs relating to arrears normally shouldbe restricted to a period of three years prior to the date offiling the case - Limitation.Legislation - Beneficial legislation - Interpretation of-Held: The employer should construe the provisions of abeneficial legislation in a way that extends the benefit to itsemployees, instead of curtailing it- Interpretation of Statutes.Interpretation of Statutes - Pension Rules - Interpretation of- Held: The objective of the Pension Rulesis to extend benefits to a class of people to tide over the crisisand vicissitudes of old age - In case of inconsistenciesbetween the statutory provisions and the avowed objectiveof the State so as to discriminate between the beneficiaries within the class, the ends of justice obligates the court topalliate the differences between the two and reconcile themas far as possible - The court should not go by the letter ofthe Pension Rules and should go by the laudatory spirit ofstatutory provisions and fundamental rights u!Art. 14 of the Constitution - Constitution of India, 1950 -Art. 14 |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 764 |
Petitioner | Asger Ibrahimamin |
Respondent | Life Insurance Corporation Of India |
SCR | [2015] 9 S.C.R. 865 |
Judgement Date | 2015-10-12 |
Case Number | 10251 |
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