Home Case Index All Cases Companies Law Companies Law + SC Companies Law - 2014 (12) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (12) TMI 1395 - SC - Companies LawDenial of benefit of Wage Revision by notional fixation and re-computation of their retiral dues (severance package) - HELD THAT:- The Central Administrative Tribunal and the High Court have erred in law in allowing the wage revision benefits to the employees, who were not covered either under communication dated 8.8.2006 issued by the Government of India or the consequential Office Order dated 25.8.2006 whereby the wage revision is implemented. In Sudhir Kumar Consul v. Allahabad Bank [2011 (2) TMI 1372 - SUPREME COURT], which also pertains to the question of fixing of cut-off date for granting retirement benefits, this Court has laid down that the cut-off date may be justified on the ground that additional outlay as involved or the fact that under the terms of appointment, the employee was not entitled to the benefit of pension or retirement. Thus, it is not found that the cut-off date, i.e., 1.4.2003 for granting wage revision, in the facts and circumstances of the present case, is arbitrary nor we find it violative of Article 14 of the Constitution - the employees, who were superannuated or voluntarily retired prior to 01.04.2003 from Appellant Corporation, are not entitled to notional wage revision as directed by the Central Administrative Tribunal, and the High Court - appeal allowed - decided in favor of appellant.
|