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1 - 10 of 10 (0.21 seconds)Air India Employees Self Contributory ... vs Kuriakose V. Cherian & Ors on 3 October, 2005
28. The learned counsel for the petitioner in support of their
submissions placed reliance on the decision of the Honourable Supreme
Court reported in (2005) 8 SCC 404 [Air India Employees Self-
Contributory Superannuation Pension Scheme Vs. Kuriakose
V.Cherian and others]. In the above said decision it is held by the
Honourable Supreme Court that amendment cannot be said to be
prospective in operation merely on ground that right of the retiree only
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after amendment of the scheme were being affected as the amount
already paid to them under the unamended scheme was not being asked
to be returned. The Supreme Court in the above decision, held that the
impugned judgment is unassailable and thus dismissed the appeals filed
Air India Employees Self Contributory Superannuation Pension Scheme.
It is held in paragraph 9 of the decision that the High Court by the
impugned judgment held that the amendment to the trust deed to the
extent it applies in future is legal and valid but the amendment cannot
apply to the employees who have retired before the date of amendment
and such employees shall continue to receive pensionary benefits as
before, namely, the benefits which existed at the time of amendment.
Article 226 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Article 19 in Constitution of India [Constitution]
The Indian Trusts Act, 1882
Section 39 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Asservadham, Narasinga Rao, D. Hari, P. ... vs The General Manager, Indian Airlines ... on 11 December, 2002
22. The 4th respondent also submit that similar prayer of another
retiree was also rejected by this Court in W.P.No.25407 of 2001 vide
order dated 19.09.2014 (P.K.Jayakumar Vs. Indian Airlines Limited).
Employees Provident Funds Miscellaneous Provisions Act, 1952
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