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2020 Supreme(SC) 356

UDAY UMESH LALIT, SANJIV KHANNA
BCH ELECTRIC LIMITED – Appellant
Versus
PRADEEP MEHRA – Respondent


Advocates Appeared:
For the Appellant :Mr. Ashiesh Kumar Advocate
For the Respondent:Mr. Shekhar Kumar Advocate

JUDGMENT

Uday Umesh Lalit, J.

Leave granted.

2. This appeal challenges the judgment and order dated 12.2.2019 passed by the High Court [The High Court of Delhi at New Delhi] dismissing Letters Patent Appeal No.97 of 2019 and thereby affirming the decision of the Single Judge of the High Court in Writ Petition No.10318 of 2017.

3. By Trust Deed executed on 19.03.1979 between the appellant, a company registered under the Indian Companies Act, 1956 on one hand and three trustees on the other, an "Approved Gratuity Fund" was constituted "for the purpose of providing Gratuities to the employees of the Company under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act') and the Gratuity Scheme of the Company".

    Clauses 4, 11 and 15(a) of the Trust Deed are as under:-

    "4. RULES:

    The Fund shall be governed by the Rules and any reference to the Rules in these presents shall mean the Rules for the time being in force which shall be binding on the Members, their Beneficiaries and on the Company. A copy of the current Rules is annexed to and the same shall be deemed to form part of these presents.

    11. MEMBERS TO HAVE NO LEGAL RIGHT Except as provided in these presents and in the Rul


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