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Superannuation - Law Dictionary Search Results

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Superannuation Acts, 1834-1935

Superannuation Acts, 1834-1935, (English) for pen-sioning the civil servants of the Crown or public authorities.The (English) principal Act is the Superannuation Act, 1859 (4 & 5 Will. 4, c. 42), which as amended by the Superannuation Acts, 1909 (9 Edw. 7, c. 10), and 1935 (25 & 26Geo. 5, c. 44), fixes the scale of pension at 10/60ths and 10/80ths for entrants after 30th September, 1909, of the average annual salary of the three years before retirement, and see (in the specified cases) s. 4 of the 1935 Act, on retirement after ten years' service, and gives an additional 1/60th or 1/80th for every additional year of service up to the fortieth year.As to local authorities, see (English) Local Govern-ment and other Officers Superannuation Act, 1922 (12 & 13 Geo. 5, c. 59), an adoptive Act; schools (elementary), School Teachers (Superannuation) Acts, 1918-1924; others, Teachers (Superannuation) Acts, 1918-1924; others, Teachers (Superannuation Acts), 1918-1935. See Chitty's Statutes, tit. ...


Superannuation

Superannuation, connotes a distinct meaning. It ordinarily means, unless otherwise provided for in the statute, that not only he reaches the age of superannuation thereof, but also becomes entitled to the retiral benefits thereof including pension. 'Voluntary retirement' could have fallen within the afore-mentioned expression, provided it was so stated expressly in the scheme, HEC Voluntary Retd. Emps. Welfare Society v. Heavy Engineering Corporation Ltd., AIR 2006 SC 1420.Superannuation, in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which the employer shall vacate the employment. [Payment of Gratuity Act, 1972 (39 of 1972), s. 2(r)]In relation to an employee, who is the member of the Pension Scheme means the attainment, by the said employee, of the age of fifty eight years. [Emp-loyees' Provident Funds and Miscellaneous Pro-visions Act, 1952 (19 of 1952), s. 2(ll)]The wo...


Retirement, superannuation

Retirement, superannuation, though the word 'retirement' may take within its fold all or any kind of retirement when the same is used in the context of 'superannuation' or retirement by way of superannuation, in service parlance the well-settled meaning is that it has relevance and relates to discharge from a post on account of the age fixed for such retirement, uniformly for all or a particular class or category of service-holders, R.N. Rajannra v. State of Karnataka, (2004) 1 SCC 249 (251)....


Superannuation and termination

Superannuation and termination, means the former takes place automatically on an employee reaching a particular age for which a notice is not required. Hence, the latter cannot include the former. The import of two is entirely different, PKG Udyog Sangh v. Jit Ram, (1975) Lab IC 1484 (Punj)....


Asyium

Asyium [fr. aovlov, Gk., a place free from violence], (1) a sanctuary of refuge; (2) (in an obsolete sense) a place set apart for the treatment and habitation of persons of unsound mind. See (English) Lunacy Act, 1890 to 1922, where the term meant an asylum provided by any local authority under those Acts, but by s. 20 of the (English) Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23), these asylums are to be called MENTAL HOSPITALS and for any references in any public or local act, order, regulation or other document to 'asylums' references to Mental Hospitals are to be substituted, and see also the (English) Army and Air Force Act, 1931 (21 Geo, 5, c. 14), s. 5.Criminal Lunatics (English) Act, 1884 (47 & 48 Vict. c. 64), deals with detention, etc. of criminal lunatics, e.g., the Broadmoor Criminal Lunatic Asylum.The (English) Asylum (now the Mental Hospital) Officers Superannuation Act, 1909 (9 Edw. 7, c. 48), makes provision for superannuation allowances for officers and servants, ...


National insurance

National insurance. The (English) National Insur-ance Act, 1911 (1 & 2 Geo. 5, c. 55), introduced by Mr. Lloyd George, established a wide system of compulsory state insurance covering both ill-health and unemployment, which is based upon premiums contributed in part by the employer, in part by the employee, and in part by the State. The Act consisted of three parts, the first dealing with National Health Insurance, the second with Unemployment Insurance, and the third contained miscellaneous provisions. This Act remained the basis of National Health Insurance, although the subject of very extensive amendment, until the National Health Insurance Act, 1924, consolidated the law. The law has been consolidated again by the (English) National Health Insurance Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 32), amends and repeals the whole of the Acts passed in 1920, 1922, 1924 and 1928. The arrangement is as follows:-Part I. Insured Persons and Contributions.Part II. Benefits.Part III. Approved Soc...


Resignation and retirement

Resignation and retirement, the words 'resigna-tion' and 'retirement' carry different meanings in common parlance. An employee can resign at any point of time, even on the second day of his appointment but in the case of retirement he retires only after attaining the age of superannuation or in the case of voluntary retirement on completion of qualifying service, UCO Bank v. Sanwar Mal, (2004) 3 SCC 412 (419)...


Special reason

Special reason, means yet another consequence would be that if any public servant succeeds in protracting the criminal proceedings to the stage of superannuation he can also claim the benefit of special reasons, if the High Court's reasoning is to be accepted. We find the High Court's approach not only erroneous but pernicious, and therefore, impermissible in law. Such a ground cannot by any stretch of imagination be treated as 'special reason', Jagjeevan Prasad v. State of Madhya Pradesh, (2000) 8 SCC 22: 2000 SCC (Cri) 1450....


Service matter

Service matter, the term 'service matters' means all matters relating to conditions of services including the disciplinary matters, Union of India v. Parma Nanda, AIR 1989 SC 1185: (1989) 2 SCC 177.Service matters, in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation or society owned or controlled by the Government, as respects, (i) Remuneration (includ-ing allowances), pension and other retirement benefits; (ii) tenure including confirmation, senio-rity, promotion, reversion, premature retirement and superannuation; (iii) leave of any kind; (iv) disciplinary matters; or (v) any other matter whatsoever. [Administrative Tribunals Act, 1985 (13 of 1985), s. 3(r)]...


Retrenchment

Retrenchment, in its ordinary connotation is discharge of labour as surplus though the business or work itself is continued, S.M. Nilajkar v. Telecom District Manager, (2003) 4 SCC 27.Means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include--(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill-health. [Industrial Disputes Act, 1947 (14 of 1947), s. 2 (oo)]T...


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