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2017 Supreme(Bom) 208

VASANTI A.NAIK, V.M.DESHPANDE
MOIL Executive Association, Nagpur, Through its Acting President Shri Arvind Kumar Shukla – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri Anand Jaiswal, Senior Counsel with Mrs. Radhika Bajaj
For the Respondent: Shri A.M. Joshi, counsel, Shri C.S. Kaptan, Senior Counsel with Shri Masood Shareef, counsel

JUDGMENT :

VASANTI A NAIK, J.

Whether the employees of the Manganese Ore (India) Limited would be entitled to gratuity of Rupees Ten Lakhs at the maximum, as per the provisions of Section 4(3) of the Payment of Gratuity Act, 1972 and the impugned memorandum or whether they would be entitled to receive better terms of gratuity in terms of the Group Gratuity cum Life Insurance Scheme is the question that falls for consideration in this writ petition.

2. The petitioner no.1 is the Association of the Executive Employees and Officers of the respondent no.2Manganese Ore (India) Limited (hereinafter referred to as 'the MOIL') and the petitioner no.2 is a former employee of the MOIL and the Ex-Member of the petitioner-Association and is stated to be directly aggrieved by the Office Memorandum issued by the Government of India, Ministry of Heavy Industries and Public Enterprises as also the communication of the General Manager (Personnel) of MOIL, dated 26.11.2014 informing the petitioner no.2 that he is not entitled to gratuity beyond Rupees Ten Lakhs.

3. In the year 1975, MOIL framed the Group Gratuity-cum-Life Assurance Scheme for its employees. A trust-deed was executed with a view to provi
























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