Secretary (Cpf) v. Kishorebhai Babudas Puranverari
Case brief
What is this about?
The High Court of Gujarat dismissed appeals filed by GIDC challenging an order directing the release of withheld retirement dues to employees who occupied quarters after retirement. The Court held that lawfully acquired retirement benefits constitute a right to property and cannot be withheld pending eviction.
What the court decided
C/LPA/914/2020 CAV JUDGMENT DATED: 07/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 914 of 2020 In R/SPECIAL CIVIL APPLICATION NO. 8890 of 2018 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 914 of 2020 With R/LETTERS PATENT APPEAL NO. 926 of 2020 In SPECIAL CIVIL APPLICATION NO. 13431 of 2018 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/LETTERS PATENT APPEAL NO. 926 of 2020 In SPECIAL CIVIL APPLICATION NO. 13431 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE S.H.VORA SD/and HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE SD/-
==========================================================
| 1 | Whether Reporters of Local Papers may be allowed to see the judgment ? |
NO |
|---|---|---|
| 2 | To be referred to the Reporter or not ? | NO |
| 3 | Whether their Lordships wish to see the fair copy of the judgment ? |
NO |
| 4 | Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ? |
NO |
==========================================================
SECRETARY(CPF)
Issues for consideration
3 issues framed by the court
Whether an employer can withhold retirement dues such as gratuity and provident fund on the ground that retired employees have not vacated service quarters.
Whether penal rent or unauthorized occupation of quarters can be used as a condition precedent to release retirement benefits.
Whether the right to receive pension and gratuity constitutes a property right protected as a fundamental right under the Constitution.
Parties & counsel
- appellant
Gujarat Industrial Development Corporation
- respondent
Bhurbha Narubha Jadeja
Coram
S.H. Vora
Case details
As recorded by the court registry
- Court
- Gujarat HC
- Decided on
- · January
- Registered
- Case no.
- LPA/926/2020
Similar cases
Judgements on the same questions, provisions and authorities, from every court