SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(SC) 336

D. Y. CHANDRACHUD, ANIRUDDHA BOSE
Shankar Lal – Appellant
Versus
Hindustan Copper Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Kaushal Yadav Adv Dr. Sushil Balwada Aor Mr. Ram Kishor Singh Yadav Adv. Mr. Nandlal Kumar Mishra Adv. Mr. Shafik Ahmed Adv.
For the Respondent(s): Ms. Nandini Sen Mukherjee, AOR

JUDGMENT :

ANIRUDDHA BOSE, J.

The appellant is before us primarily questioning the validity of an order of the employer (Hindustan Copper Limited the first respondent in this appeal) treating his date of birth as 21st September 1945. This date has relevance for computation of his benefits accruing from a Voluntary Retirement Scheme (“VRS”), for which he applied and was granted. The appellant’s stand is that his date of birth is 21st September 1949. The appellant had invoked the writ jurisdiction of the High Court of Judicature for Rajasthan at Jaipur (“the High Court”), but was unsuccessful before a Single Judge and the Division Bench in sustaining his case. If the latter date, i.e. 21st September, 1949 was accepted by the employer to be his date of birth, his financial benefits from the said scheme would have been higher, as he would have had longer service tenure left. It appears that the tenure of service left was the basis on which the VRS benefit was to be computed. We would like to point out here that in the pleadings and copies of various other documents forming part of the paper-book, there are overlapping dates claimed by the appellant to be his actual date of birth. These a


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top