WPIL LIMITED Vs. ASIT KUMAR PALIT

JUDGEMENT

(1.) This first appeal is at the instance of the defendants in a suit for declaration and recovery of money and is directed against the judgment and decree dated June 26, 2009 passed by a learned Single Judge of this Court by which His Lordship passed a decree of Rs.10,77,240/- and further, a declaration that the plaintiff/respondent has a right to receive, during his lifetime, the pension from the defendants under the superannuation scheme that was prevalent as on 24th June, 2002 @ Rs.29,700/- a month with effect from July, 2002 with interest @ 12% per annum on the amount decreed. Being dissatisfied, the defendants have come up with the present appeal. The respondent before us filed against the appellants a suit out of which the present appeal arises thereby praying for the following relief:

(2.) The suit was contested by the defendants by filing a joint written statement and their defence is as follows:

(3.) As pointed out earlier, the learned Trial Judge on consideration of the materials on record, came to the conclusion that the subsequent agreement dated October 30, 2003 which has been given effect to retrospectively from April, 2002 was not binding upon the plaintiff as by a subsequent scheme, the right of the plaintiff cannot be curtailed in his absence. The learned Trial Judge further found that the learned advocate appearing on behalf of the defendants, at the time of final hearing, even did not press the case made out in the written statement.