Case Note & Summary
The dispute involved the Regional Institute of Printing Technology, Kolkata, and respondent No.1, Arup Kumar Mookherjee, concerning unpaid pension dues. The appellant had previously paid Rs.10,56,410/- to the respondent for the period from April 1, 1974, to December 31, 1994, but failed to pay any pension from January 1, 2007, onwards. The respondent's counsel highlighted this issue, which was not disputed by the appellant's counsel, who agreed to make the necessary payments. The court directed the appellant to pay the outstanding pension amount within two weeks and to ensure regular monthly payments henceforth. Additionally, the court recognized the respondent's prolonged struggle in litigation for over 37 years and ordered a lump sum payment of Rs.5 lakhs to cover interest and costs, emphasizing the urgency due to the respondent's advanced cancer condition. The court also noted that the necessary formalities for pension disbursement would be completed within a week. The appeal was disposed of with these directions.
Headnote
A) Pension Law - Payment of Pension - Obligation to Pay Pension - Employees' Pension Scheme - The court directed the appellant to pay the balance pension amount and ensure regular monthly payments to the respondent as per law, acknowledging the delay in payments over 37 years. Held that timely payment of dues is essential, especially considering the respondent's health condition (Paras 3-5).
Issue of Consideration
Whether the appellant is liable to pay the pension and compensation to the respondent for delayed payments.
Final Decision
The court directed the appellant to pay the outstanding pension amount within two weeks and to ensure regular monthly payments. Additionally, a lump sum of Rs.5 lakhs was ordered to be paid to the respondent for interest and costs due to the prolonged litigation and health concerns.
Law Points
- Pension rights
- Payment of dues
- Compensation for delay
