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1997 Supreme(SC) 1305

SUJATA V.MANOHAR, D.P.WADHWA
State Bank Of India – Appellant
Versus
A. N. Gupta – Respondent


JUDGMENT

D.P. Wadhwa, J.-These are two appeals and are directed against the common judgment dated February 25, 1980 of the Delhi High Court by which the High Court not only directed that pension and provident fund be paid to the respondents, who were working as Assistants, but also awarded damages to them and against the appellant-Bank for wrongfully withholding these payments. The operative part of the impugned judgment reads thus :

"In the result, we direct that the Bank shall pay within four weeks to Sarvshri Gupta (respondent in CA No. 2141/80) and Gulati (respondent in CA No. 9943/83) :

1. the entire pension fund due as calculated under the Pension and Guarantee Fund Rules;

2. a sum equivalent to 9 per annum by way of damages for wrongfully withholding the aforesaid amount from the date of retirement to the date of actual payment; and

3. the provident fund due along with interest plus an amount equivalent 9 per annum by way of damages from the date of retirement to the date of payment.

Amounts already paid under our order of 19th December, 1979, shall be deducted from the above payments."

2. Both Gupta and Gulati had retired









































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