Sh. Surjeet Singh S/O Late Sh. S. Piyara ... vs M/S Manav Sathali Junior School on 22 April, 2019
In Automotive and Allied Industries v. Regional Provident
Fund (1990) 95 BOMLR 740, the Bombay High Court expressly
stated that once a full and final settlement has taken place between
the employee and the employer through a contract, including all
claims for compensation and loss of office, then the employee
cannot hold the employer liable for any other claim whatsoever. It
also rejected the trial court's verdict, in which the trial judge had
held that payment of provident fund arises from statutory
provisions and they cannot be given up through contractual
means. The Court further applied the principle of approbate and
reprobate to negate the employee's claim. According to this
common law principle, a party cannot be allowed to accept and
reject the same instrument. It was enunciated in England in the
LIR No.9428/2016, Sh. Surjeet Singh Vs. M/s Manav Sathali Junior School
16
early 1920s and has been subsequently applied by Indian courts.
One court stated: