Supreme Court · 2009 INSC 1303 · Decided 15 December 2009

Allahabad Bank & ANR. v. All India Allahabad Bank Retired EMPS. ASSN.

Court
Supreme Court of India
Citation
2009 INSC 1303 · [2010] 2 S.C.R. 162
Case number
CIVIL APPEAL No. 1478/2004
Decided
15 December 2009
Bench
B. SUDERSHAN REDDY, RAJENDRA MAL LODHA (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution

Headnote

Payment of Gratuity Act, 1972 - ss. 4, 4(5), 5 and 14 - Denial of gratuity - To the employees opting for pension in C lieu of gratuity - Employer-Bank placing reliance on Awards and Bip.artite Settlements - Held: Gratuity being a statutory right cannot be taken with provisions of the Act - Pension and gratuity are separate retiral benefits - Provisions of the Act prevail over other D enactments, or instruments or contract so far as gratuity is concerned - Notwithstanding the Awards and Settlements, employees were entitled to gratuity - No

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