Calcutta State Transport Corporation vs Ashit Chakraborty

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 487

ABHAY S. OKA, RAJESH BINDAL
Calcutta State Transport Corporation – Appellant
Versus
Ashit Chakraborty – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Sanjay R Hegde, Sr. Adv. Mr. Adeel Ahmed, AOR Mr. Raja Chatterjee, Adv. Mr. Piyush Sachdev, Adv. Mr. Aditya Pathak, Adv. Mr. Md Sharuk Ali, Adv. Mr. Raghav Gupta, Adv.
For the Respondent(s): Mr. Subhasish Bhowmick, AOR Mr. Manas Kumar Ghosh, Adv. Ms. Susmita Dey, Adv. Ms. Manisha Pandey, Adv. Mr. Rahul Kushwaha, Adv. Mr. Harsh Gupta, Adv. Mr. John Thomas Arakal, Adv. Ms. Mani Mala Roy, Adv. Mr. H.K. Naik, Adv. Ms. Tanvi Singh, Adv. Ms. Astha Sharma, AOR

JUDGMENT

Rajesh Bindal, J.

Leave granted.

1. The order dated 5.3.2021 passed in F.M.A. No. 692 of 2019 by the Division Bench of the High Court at Calcutta has been challenged before this Court wherein order dated 17.8.2018 passed by the Single Bench in Writ Petition bearing W.P. No. 6808 (W) of 2018 was upheld.

2. It is a case in which the respondent no.1 was appointed as a Conductor with the appellant Corporation. At that time there was no pension scheme in force, only Contributory Provident Fund Scheme was applicable. In 1991, in exercise of powers conferred under Section 45 of the Road Transport Corporation Act, 1950, the Corporation, with the previous sanction of the State Government, framed The Calcutta State Transport Corporation Employees’ Service (Death cum Retirement Benefits) Regulations, 1990 (for short, “the 1990 Regulations”). The aforesaid Regulations came into force with retrospective effect from 1.4.1984. The 1990 Regulations mandated that in order to get the benefit of the said scheme, existing employees of the Corporation will have to submit written option within six months from the date of publication of the 1990 Regulations expressing their willingness to switch ove

Click Here to Read the rest of this document

2023 Supreme(SC) 487

ABHAY S. OKA, RAJESH BINDALCalcutta State Transport Corporation – AppellantVersusAshit Chakraborty – Respondent

Cases Referred (1)

ABHAY S. OKA, RAJESH BINDAL
Calcutta State Transport Corporation – Appellant
Versus
Ashit Chakraborty – Respondent