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Friday, May 24, 2024

Cannot deny pension to employee for fault of employer: Supreme Court order.

New Delhi May 11: The Supreme Court has said that an employer cannot deny pension to an employee by mistake. The Supreme Court has said that it is not right for the employer to wrongly deduct money and hold the employee responsible for it, and to deny pension to the employee.

A two-judge bench comprising Justices Abhay S. Oka and Rajesh Bindal said that the right of pension cannot be taken away from the employee who wrongly deducted money from the salary of the employee and considered him as a member of the CPF scheme. The bench dismissed the appeal filed by Calcutta Transport Corporation and others.

The High Court had ordered the single member bench of the Transport Corporation to release the pension money to the petitioner Ashit Chakraborty and others. On March 5 last year, a hearing was held in the division bench and the judgment of the single member bench of the High Court was upheld.

The Transport Corporation and others had appealed to the Supreme Court against the verdict. Regular deductions are made from employee’s salary for provident fund and information about this has been given to them. He did not object to it. After retirement, he raised objections about this. Therefore, it was requested in the appeal that he should not be allowed to avail the benefit of pension.

Ashit Chakraborty said that I have chosen the pension scheme and it is the duty of the corporation to calculate my salary correctly and deduct it, and it is wrong not to give me pension because of the corporation’s mistake.

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