The Supreme Court has ruled that an employee has no inherent right to voluntary retirement because the matter is subject to rules framed by the employer governing the retirement scheme.
Justices Tarun Chatterjee and RM Lodha said that if the scheme specifically stipulated that any offer of voluntary retirement made by an employee is to be approved by the employer, then the employee cannot insist that he or she should be granted retirement without the consent of the company’s management.
The bench passed the ruling while dismissing an appeal by Padubidri Damodar Shenoy, an airport manager for Indian Airlines, who challenged the state-owned carrier’s decision not to accept an offer of voluntary retirement he had made in 2003. The case involved the interpretation of Regulation 12 of Indian Airlines’ Service Regulations for Employees (other than those in the Flying Crew and those in the Aircraft Engineering Departments).
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。
The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Please note that the item titled “Google search sparks trademark trouble” was contributed by Nishith Desai Associates, a Mumbai-based law firm. Readers should not act on the basis of this information without seeking professional legal advice.
