Bank Of India & Ors vs O.P. Swarnakar Etc on 17 December, 2002
Equivalent citations: AIR 2003 SUPREME COURT ... civil) 7966 of 2002
PETITIONER:
Bank of India & Ors.
RESPONDENT:
O.P. Swarnakar etc.
DATE OF JUDGMENT: 17/12/2002
BENCH
judgments of this Court in Bank of India & Ors.
v. O.P. Swarnakar etc.[1] and concluded as under:
“14. From the aforesaid enunciation ... reading of the three Judge Bench judgment of
this Court in O.P. Swarnakar that such a VRS Scheme is held to be
contractual
judgments of this Court in Bank of India & Ors. v. O.P.
Swarnakar etc.1 and concluded as under ... reading of the three Judge Bench
judgment of this Court in O.P. Swarnakar that such a VRS
Scheme is held to be contractual
Court in the case of Bank of India & Ors. vs O.P.
Swarnakar & Ors. , (2003) 2 SCC 721. The question
under consideration ... right to alter/rescind the
conditions of scheme.
13. In O.P. Swarnakar, it has been held that
scheme is contractual in nature. It amounted
consideration before this Court in
Bank of India & Ors. v. O.P. Swarnakar & Ors. , (2003) 2 SCC 721 in
the context of Regulation ... superannuation.”
33. The scheme in question came up for consideration in O.P.
Swarnakar & Ors. (supra), in which SBI was one of appellants
case of State Bank of India
& Ors. v. O.P. Swarnakar & Ors. reported in [(2003) 2 SCC 721] as
also the judgment ... this Court.
In the case of Bank of India v. O.P. Swarnakar (supra) a
similar question arose for determination, namely, whether an
employee having
following
16
informative and instructive paras from the judgment rendered in
O.P.Swarnakar 's case (supra):-
"43. Pursuant to in furtherance ... perusal of the aforesaid paras of the judgment rendered
in O.P.Swarnakar 's case (supra) would show that the
employees working
effect. After the decision of Hon'ble Supreme Court in O.P. Swarnakar 's case AIR 2003 SCW 313, the appellant therein issued ... considering the earlier decision of Hon'ble Supreme Court in O.P. Swarnakar and other decisions, the Apex Court held that unlike in those
Engineering Corporation Ltd. and Ors. ; Bank of India and Ors. v. O.P. Swarnakar and Ors. and the decision of the Supreme Court in Punjab ... therefore, would be applicable too see: Bank of India v. O.P. Swarnakar (supra).
20. In para 28 of the said judgment the Supreme Court
Court in the matter of Bank of India and Ors. v. O.P. Swarnakar and Ors. , , argued that in view of the decision ... Retirement Scheme of the Nationalized Banks which was under consideration in O.P. Swarnakar 's case before the Hon'ble Apex Court, Para
