SURENDRA VIKRAM SINGH AGARWALA Vs. KANHAYA LAL AGARWALLA

JUDGEMENT

(1.) This appeal arises out of the order passed by MR. JUSTICE UMESM CHANDRA BANERJEE, on December 12, 1994 in Civil Suit No. 702 of 1903.

(2.) One Babulal Agarwal died in the year 1973. Before his death, he executed a will and Testament whereby he created a trust for religious and charitable purposes. There was some dispute between Amrita Bibi. the widow of pre-deceased son of Babulal Agarwal and other heirs of Babulal Agarwal. The same was agitated in Civil Suit No. 702 of 1940. The suit was decided on February 6, 1944 whereby a comprehensive scheme was framed for administration of the trust. Besides other matters, the scheme provided for grant of pension and other facilities to the employees of the trust. The following provisions were made in the scheme:

(3.) The petitioner is a retired employee of the trust who claims that he has served the trust right from April 1, 1950 to March 31, 1993 and at the time of his superannuation, he was receiving a salary of Rs. 2322/- per month. As per terms of the scheme prepared by the High Court he is entitled to pension to the tune of one third of the last salary drawn by him and also entitled to receive gratuity as per rules, in accordance with the provisions of Payment of Gratuity Act, 1972. Inspite of the demand, the trustees failed to release the amount of pension and gratuity payable to him. Hence, the petitioner filed an application in the original suit decided in 1944 to direct the trustees to pay the amount of pension and gratuity with 18% interest per annum on the sum due.