Service and Labour Law — Voluntary Retirement — Voluntary Retirement Scheme

August 24th, 2013

Service and Labour Law — Voluntary Retirement — Voluntary Retirement Scheme — Entitlement to the benefit, Nature and scope — Held, voluntary Retirement Scheme introduced by a company, does not entitle an employee as a matter of right to the benefits of the Scheme — Whether an employee should be allowed to retire in terms of the Scheme is a decision which can only be taken by the employer company, except in cases where the Scheme itself provides for retirement to take effect when the notice period comes to an end — Scheme is essentially a part of the company’s desire to weed out the deadwood.

(Para 13)

C.V. Francis v. Union of India[Bench Strength 3], Special Leave Petition (Civil) No. 31250/2011(03/07/2013), 2013(8) SCALE 383: 2013(4) Supreme 565 [Altamas Kabir, C.J.: Anil R. Dave, J.: Ranjana Prakash Desai, J.]

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