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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
M. Koyakutty – Appellant
Versus
Kerala Khadi & Village Industries Board, Thiruvananthapuram, Rep. By Its Secretary – Respondent
Headnote: Read headnote
| Table of Content |
|---|
| 1. challenge to rejected request for reckoning prior service for pension. (Para 1 , 2 , 3) |
| 2. discussion on applicability of kerala service rules and prior service benefits. (Para 6 , 7 , 8 , 10 , 11) |
| 3. determination of whether esi corporation qualifies as a public sector undertaking. (Para 12 , 13 , 14) |
| 4. legal principles on vested rights and the impact of retrospective amendments. (Para 19 , 20 , 21) |
| 5. outcome of the petition with directives for pension adjustments. (Para 22) |
JUDGMENT :
Retrospective amendments to pension rules cannot divest vested rights of retired employees regarding pension calculations.
The main legal point established in the judgment is that statutory provisions supersede executive orders, and the omission of specific entities from statutory rules can be decisive in determining eli....
The main legal point established in the judgment is that the benefits of pension to daily wagers should be calculated from the date of their initial appointments, as per the Government Resolution dat....
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
The main legal point established in the judgment is that the continuous service of daily wagers from the date of their initial appointments should be counted for the purpose of pension, as clarified ....
Pension rights depend on the fulfillment of predetermined conditions, and cabinet decisions lack enforceability without formal executive orders.
The Government's intention, as per the Government Order, was clear in favor of providing the benefit of counting the past service rendered by the writ petitioners in the Society towards qualifying se....
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