Manojbhai N. Shah Versus Union of India

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER CASE (CIVIL) NO. 48 OF 2010

Manojbhai N. Shah & Ors. Petitioners

Versus

Union of India & Ors. Respondents

 

The undisputed facts and legal issues involved in all these cases are as under:

The insurance companies, who have been described hereinafter as “the Employers” were in financial difficulties and so as to cut their expenditure, the Employers framed a scheme named “General Insurance Employees Special Voluntary Retirement Scheme, 2004” (hereinafter referred to as “the Scheme”), so as to enable its employees to retire prematurely on certain conditions with some special benefits. Normally a person gets pension when he retires from service after putting in the period of pensionable service as per his service conditions. All the employees, in the instant case, would be eligible to get pension if they retire from service after putting in 20 years of service. As stated herein above, so as to curtail the expenditure, it was decided to reduce the number of employees and in pursuance of the Scheme, offers were invited from the employees who wanted to opt for voluntary retirement even before completion of the period of normal pensionable service….read more