Asger Ibrahim Amin v. Life Insurance Corporation of India - (Supreme Court) (12 Oct 2015)

Supreme Court likens resignation to ‘voluntary retirement’

MANU/SC/1144/2015

Service

In a case where the Appellant was denied pension for serving his resignation notice to the Life Insurance Corporation of India after 23 years of service, the Supreme Court held in favour of the former employee. Noting that though at the time of resignation LIC’s Staff Regulations did not provide for voluntary retirement, the Appellant was entitled to such benefits that arose subsequent to his departure. On LIC’s submission that “there was no alternative for [Appellant] except to tender his resignation…he could not have sought voluntary retirement under Regulation 19(2A) of LIC of India (Staff) Regulations, 1960”, the Court responded, “If that be so, the Respondent being a model employer could and should have extended the advantage of these Regulations to the Appellant thereby safeguarding his pension entitlement.”

Relevant : Sheelkumar Jain v. New India Assurance Co. Ltd. MANU/SC/0865/2011 Reserve Bank of India v. Cecil Dennis Solomon MANU/SC/0994/2003

Tags : VOLUNTARY RETIREMENT RESIGN BENEFITS ELIGIBLE