Supreme Court of India

Beed District Central Co-operative Bank Ltd. v. State of Maharashtra and Ors.

Neutral citation

Reported as [2006] SUPP. 6 S.C.R. 895

Bench S.B. Sinha and Dal Veer Bhandari JJ.

Decided 29 September 2006

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that either contract has to be given effect to or the G statute.

Judgment, page 7

From the headnote

Payment of Gratuity Act, 1972-Section 4-Payment of gratuity Employer's gratuity Scheme envisaging rate of gratuity at the rate of 26 days' wages/or every completed year of service with a ceiling limit of Rs. 2,50,0001 -Act of 1972 envisaging 15 days' wages with a ceiling limit of Rs. 3,50,000/ -Claim of benefit of the Scheme as also ceiling limit under the Act- Entitlement of-Held: Either the contract or the statute has to be given effect-Workman is not at liberty to opt for better terms of contract, while keeping option open regarding part of the statute-Thus, workman cannot opt for both.

Where later benches applied it

2022 M/s Texco Marketing Pvt. Ltd. v. Tata Aig General Insurance Company Ltd. & Ors. relied on
2018 Union Bank of India and Others v. C.G. Ajay Babu and Another relied on
2024 Noida Toll Bridge Company Ltd. v. Federation of Noida Residents Welfare Association and Others referred to
2020 Bch Electric Limited v. Pradeep Mehra referred to
2018 Maharashtra State Electricity Distribution Company Ltd. v. M/s. Datar Switchgear Limited & Ors. referred to

Of those, 2 relied on · 3 referred to

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