Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | employees to claim benefit under the Pension Scheme |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Pension:Regulations made under a statute laying down the terms and conditions of service of employees which governed the Pension Scheme - Non-compliance of - Entitlement of employees to claim benefit under the Pension Scheme - Held: Failure on the part of the employees to opt for the Pension Scheme and/or refund the advance taken from the employer's contribution of C. P. F. as envisaged in the Regulations would disentitle them from claiming any benefit under the Pension Scheme - Pepsu Road Transport Corporation Employee Pension/Gratuity and General Provident Fund Regulations, 1992 - Regulations 3, 4 -Service law.Regulations made under the statute laying down the terms and conditions of service of employees, including the grant of retirement benefits - Binding effect of - Held: Regulations validly made under statutory powers are binding and effective as the enactment of the competent legislature - Any action or order in breach of the terms and conditions of the Regulations shall amount to violation of Regulations which are in the nature of statutory provisions and shall render such action or order illegal and invalid. Pension and Contributory Provident Fund - Difference between the two concepts - Discussed.Notice:lndividual notice - Option to choose retirement benefits - Not exercised - Plea of the respondents that option was not exercised for want of knowledge for non service of individual notices - Pension Scheme not providing for serving 8 individual notices on the employees - Held: In view of absence of such condition in the scheme, it was not necessary for the Corporation to give an individual notice to respondents for exercising of option for pension Scheme and also for asking respondent to refund the employers contribution of C.P.F. at each stage - Even otherwise, when notice or knowledge of the Pension Scheme can be reasonably inferred or gathered from the conduct of the respondents in their ordinary course of business and from surrounding circumstances, then, it will constitute a sufficient notice in the eyes of law. |
Judge | Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2011 INSC 387 |
Petitioner | Pepsu Road Transport Corporation, Patiala |
Respondent | Mangal Singh And Ors. |
SCR | [2011] 6 S.C.R. 564 |
Judgement Date | 2011-05-12 |
Case Number | 4111 |
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