VidhiSangh

Supreme Court of India · 20/04/2022

SHANKAR LAL versus HINDUSTAN COPPER LTD. & ORS

[2022] 5 S.C.R. 704 · 2022 INSC 449

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Summary

Hindustan Copper computed a miner’s voluntary-retirement benefits using a 1945 birth date in Form B, departing from the 1949 date maintained in his service book and subsequent records. The Court rejected the employer’s unilateral late alteration without hearing and its unexplained mistake theory. Form B had high probative value but was not conclusive. It ordered computation using 21 September 1949, payment of the difference within four months and 7% simple interest from retirement to actual payment.

Issues

  1. Whether the employer could reduce accepted VRS benefits by unilaterally departing from its long-standing service-book birth date.
  2. Whether Form B conclusively determined age or delay barred the employee’s challenge.

Provisions considered

Held

Result

Appeal allowed. Both High Court judgments and the rejection order were set aside. VRS benefits were to be calculated on birth date 21 September 1949 and paid within four months after deducting sums already paid. The difference carried 7% simple annual interest from 3 October 2002 to actual payment. Pending applications disposed of; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 5 S.C.R. 704.