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Sheelkumar Jain vs New India Assurance Co. Ltd. & Ors on 28 July, 2011

In Sudhir Chandra Sarkar v. Tata Iron and Steel Co. Ltd. & Ors. (supra), the plaintiff had rendered 1 continuous service under the respondent from 31.12.1929 till 31.08.1959, i.e. for 20 years and 8 months. He submitted a letter of resignation dated 27.07.1959 and his resignation was accepted by the respondent by letter dated 26.08.1959 and he was released from his service with effect from 01.09.1959. On these facts, a three-Judge Bench of this Court held:
Supreme Court of India Cites 9 - Cited by 49 - A K Patnaik - Full Document

General Manager, Modipon Fibre Co. vs Narendra Pal Gahlot on 15 November, 2002

The decision of the Hon'ble Supreme Court in the case of Sudhir Chand Sarkar v. Tata Iron and Steel Company Ltd. and Ors. (supra), wherein the Hon'ble Supreme Court has held that the Certified Standing Orders become statutory condition of service and if any provision of such rules read with Certified Standing Orders confer absolute unfettered discretion on the employer to allow or disallow rightful claim of the employees would be unfair and unreasonable and also subject to test of Article 14 and the Court can judge the fairness and reasonableness as of the Certified Standing Orders and declaration is bad and an enforceable the proceedings arose out of a suit and not under writ jurisdiction.
Allahabad High Court Cites 33 - Cited by 2 - R K Agrawal - Full Document

Jayshreeben Krishnalal Somani vs Central Bank Of India & 2 on 7 November, 2016

In   Sudhir   Chandra   Sarkar   v.   Tata   Iron   and   Steel   Company   Ltd.   and   Ors.   (1984)   3   SCC   369,   a   permanent   uncovenanted   employee   of   the   company   had   served   for   29   years   whereafter  he  tendered  his  resignation  which  the  employer  accepted   unconditionally.   The   Company   s   Retiring   Gratuity   Rules   did   not   provide   for   payment   of   gratuity   to   employees   who   resigned   from   service. This Court while reversing the view taken by the High Court   held   that   termination   of   service   by   resignation   was   tantamount   to   retirement by resignation entitling the employee to retiral benefits. The   following passage is apposite in this regard:
Gujarat High Court Cites 96 - Cited by 0 - J B Pardiwala - Full Document

Shashikala Devi vs Central Bank Of India . on 17 December, 2014

In Sudhir Chandra Sarkar v. Tata Iron and Steel Company Ltd. and Ors. (1984) 3 SCC 369, a permanent uncovenanted employee of the company had served for 29 years whereafter he tendered his resignation which the employer accepted unconditionally. The Company’s Retiring Gratuity Rules did not provide for payment of gratuity to employees who resigned from service. This Court while reversing the view taken by the High Court held that termination of service by resignation was tantamount to retirement by resignation entitling the employee to retiral benefits. The following passage is 21 apposite in this regard:
Supreme Court - Daily Orders Cites 25 - Cited by 34 - T S Thakur - Full Document

Sri Swapan Kumar Mallick vs Union Of India & Others on 1 April, 2016

In Sudhir Chandra Sarkar v. Tata Iron and Steel Company Ltd. and Ors., (supra), a permanent uncovenanted employee of the company had served for 29 years whereafter he tendered his resignation which the employer accepted unconditionally. the Company's Retiring Gratuity Rules did not provide for payment of gratuity to employees who resigned from service. This Court while reversing the view taken by the High Court held that termination of service by resignation was tantamount to retirement by resignation entitling the employee to retiral benefits. The following passage is apposite in this regard.
Calcutta High Court (Appellete Side) Cites 8 - Cited by 0 - S Ahluwalia - Full Document
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