VIJAY KUMAR AND ORS. versus WHIRLPOOL OF INDIA LTD. AND ORS.

VIJAY KUMAR AND ORS. versus WHIRLPOOL OF INDIA LTD. AND ORS.

A bare reading of the settlement shows it covered only existing employees as of 30.6.1995; former workmen who took voluntary retirement cannot claim benefits based on the settlement, as they ceased to be employees and their relationship with the employer ended; Section 33-C(2) does not apply because there is no pre-existing right for such claimants.

Parties
Appellants: Vijay Kumar and Others; Respondents: Whirlpool of India Ltd. and Others
Jurisdiction
India
Judgment Date
22 November 2007
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Industrial Disputes, Voluntary Retirement Scheme, Settlement Agreements
Labour Law Industrial Disputes Voluntary Retirement Scheme Settlement Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Vijay Kumar and Others

Appellants

Whirlpool of India Ltd. and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether erstwhile workmen who opted for voluntary retirement are entitled to benefits under a subsequent settlement between employer and workmen
  2. 2 Applicability of Section 33-C(2) of the Industrial Disputes Act, 1947 to claims by former workmen

Ratio Decidendi

A bare reading of the settlement shows it covered only existing employees as of 30.6.1995; former workmen who took voluntary retirement cannot claim benefits based on the settlement, as they ceased to be employees and their relationship with the employer ended; Section 33-C(2) does not apply because there is no pre-existing right for such claimants.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed; costs made easy.