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Calcutta Port Trust v. Anadi Kumar Das

Interlocutory Application · Neutral citation not assigned (Interlocutory Application No. 7 of 2014 in Civil Appeal No. 7148 of 2008)Decided 24 Nov 2014
Interlocutory Application No. 7 of 2014 in Civil Appeal No. 7148 of 2008
Justice V. Gopala Gowda · Justice C. Nagappan

Background

This order does not decide the main case. Anadi Kumar Das had applied on July 23, 2001 to switch from the contributory provident fund arrangement to the Port Trust's pension scheme. A 2013 Supreme Court decision permitted his delayed option, but the Trust treated pension as payable only from that judgment. He sought clarification and payment of the earlier arrears.

Decision Breakdown

This is not a final decision on the main case. The Court accepted that an application to modify the final judgment was not maintainable, but clarified what its earlier direction required. Pension benefits were to run from July 23, 2001, when Das had applied, and continue to be paid under the scheme. Taking account of the Trust's financial difficulties, the Court directed payment of 75% of the pension arrears from that date to the judgment date. It disposed of the application with those directions and expressly confined the clarification to the facts of this case.

Lesson Learnt

Das could enforce the pension starting date recognised by the clarification, subject to the reduction in arrears ordered by the Court. Other former employees could not treat this individual concession as an automatic right to submit a late pension option.

Official source (sci.gov.in)View Judgment (PDF)

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