NATIONAL INSURANCE CO. LTD. & ANR. versus KIRPAL SINGH

NATIONAL INSURANCE CO. LTD. & ANR. versus KIRPAL SINGH

Employees who opted for voluntary retirement under SVRS of 2004 qualify for pension under Para 14 of General Insurance (Employees) Pension Scheme 1995, provided they had ten years of service; para 29 and 30 do not govern SVRS of 2004 cases, and the term 'retirement' must be construed to include SVRS retirement....

Source-derived case information.

Parties
Appellant: National Insurance Co. Ltd. & Anr.; Respondent: Kirpal Singh
Jurisdiction
India
Judgment Date
10 January 2014
Procedural Posture
Civil Appeal / Supreme Court (final Decision on Appeal From High Court)
Outcome
Appeals dismissed
Legal Topics
Voluntary Retirement Scheme, Qualifying Service for Pension, Statutory Interpretation, Beneficial Legislation
Labour and Employment Law Pension Law Voluntary Retirement Scheme Qualifying Service for Pension Statutory Interpretation Beneficial Legislation

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Summary, issues, holding and outcome

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Parties

National Insurance Co. Ltd. & Anr.

Appellant

Kirpal Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court (final Decision on Appeal From High Court)

Legal Issues

  1. 1 Whether employees opting for voluntary retirement under SVRS of 2004 are entitled to pension under General Insurance (Employees) Pension Scheme 1995

Ratio Decidendi

Employees who opted for voluntary retirement under SVRS of 2004 qualify for pension under Para 14 of General Insurance (Employees) Pension Scheme 1995, provided they had ten years of service; para 29 and 30 do not govern SVRS of 2004 cases, and the term 'retirement' must be construed to include SVRS retirement. Legal definitions prefaced with 'unless the context otherwise requires' require contextual interpretation, especially for beneficial schemes.

Court Disposition

Appeals dismissed

Orders

  • Employees who opted for voluntary retirement under SVRS of 2004 are entitled to pension if they completed ten years of qualifying service.
  • No order as to costs.