Case: NATIONAL INSURANCE SPECIAL VOLUNTARY RETIRED/RETIRED EMPLOYEES ASSOCIATION Vs. UNITED INDIA INSURANCE CO. LTD.; ORIENTAL INSURANCE COMPANY LIMITED; NEW INDIA INSURANCE COMPANY LIMITED; NATIONAL INSURANCE CO. LTD

of litigation" (Per Lord Atkinson in Somasundaram Chetty v. Subramanian Chetty, AIR 1926 PC 136 ). We are bound to accept the statement of the Judges recorded in their judgment, as to what transpired in court. We cannot allow the statement of the judges to be contradicted by statements at the Bar or by affidavit and other evidence. If the judges say in their judgment that something was done, said or admitted before them, that has to be the last word on the subject. The principle is well settled that statements of fact as to what transpired at the hearing, recorded in the judgment of the court, are conclusive of the facts so stated and no one can contradict such statements by affidavit or other evidence. If a party thinks that the happenings in court have been wrongly recorded in a judgment, it is incumbent upon the party, while the matter is still fresh in the minds of the judges, to call attention of the very judges who have made the record to the fact that the statement made with regard to his conduct was a statement that had been made in error (Per Lord Buckmaster in Madhu Sudan Chowdhri v. Chandrabati Chowdhrain, AIR 1917 PC 30). That is the only way to have the record corrected. If no such step is taken, the matter must necessarily end there. Of course a party may resile and an Appellate Court may permit him in rare and appropriate cases to resile from a concession on the ground that the concession was made on a wrong appreciation of the law and had led to gross injustice; but, he may not call in question the very fact of making the concession as recorded in the judgment.?17. The aforesaid paragraph was, once again, extracted with approval in Y. Sleebachen & Ors. v. State of Tamil Nadu through Superintending Engineer Water Resources Organisation/Public Works Department &Anr. (2015) 5 SCC 747 18. On the other hand, it was canvassed by the insurance companies that there could be no concession against law [Tripura Goods Transport Association & Anr. v. Commissioner of Taxes &Ors. (1998) 2 SCC 264 para 9 ].Learned counsel also referred to New India Assurance Company Limited v. Raghuvir Singh Narang & Anr. (2010) 5 SCC 335 to buttress the plea that if there is a scheme which has a statutory character, then there could not be any contention which could be permissibly raised, contrary to the Scheme. Even qua contractual schemes, if one has availed of the benefits, it would not be open to raise pleas and seek benefits beyond what is stipulated in the Scheme.19. The earlier judgments in Bank of India & Ors. v. O.P . Swarnakar & Ors. (2003) 2 SCC 721 And HEC Voluntary Retired Employees Welfare Society & Anr. v. Heavy Engineering Corporation Ltd. &Ors., (2006) 3 SCC 708 dealing with voluntary retirement schemes have been taken note of in the impugned judgment, to come to the conclusion that the terms of such schemes must be strictly followed, and the contract cannot be varied. We may add here that apparently there are certain observations in paras 33 and 34 of the impugned order, which may also run contrary to clause 5(1) of the SVRS-2004 Scheme, insofar as the Division Bench has opined that the words ?whichever is less? have been excluded from clause 5 of the SVRS-2004 Scheme. It may be noted that such is not the case, for clause 5 of the SVRS-2004 Scheme, as extracted above, explicitly provides, in clause 5(1), that an employee seeking special voluntary retirement, under the Scheme shall be entitled to the lower of the ex-gratia amounts as mentioned thereunder. We feel it suffice to clarify that what is binding between the parties is the statutory scheme itself, as per its terms.20. We have, thus, no hesitation in coming to the conclusion that statutory or contractual, such voluntary retirement schemes as the SVRS- 2004 Scheme have to be strictly adhered to, and the very objective of having such Schemes would be defeated, if parts of other Schemes are sought to be imported into such voluntary retirement schemes. What is offered by the employer is a package as contained in the Schemes of voluntary retirement, and that alone would be admissible.21. The issue which arose in Manojbhai N. Shah &Ors. Was qua the revision of pay, with retrospective effect. That was the only issue. That issue was decided against the beneficiaries of the SVRS-2004 Scheme. If there are certain observations made by that Bench while deciding so, qua aspects which are not forming the subject matter of that dispute, the same cannot be read to amount to grant of relief/benefits, contrary to the terms of the Scheme, and that too, in the absence of any specific directions.22. The intent of the SVRS-2004 Scheme was made even more explicitly clear by clause 8 specifying the general conditions in sub- clause(xiv), which reads as under:?8. General conditions:xxxx xxxx xxxx xxxx xxxx(xiv) Save as provided in para 5(2) the benefits payable under this scheme shall be in full and final settlement of all claims of whatsoever nature, whether arising under the regulation or otherwise to the employee (or to the nominee in case of death). An employee who voluntarily retires under this Scheme shall not have any claims against the Company for re-employment or compensation or employment of any of his or her relative on compassionate grounds in the service of the company or for any other like benefits.?23. It is, thus, abundantly clear that nothing more would be given than what is stated in the Scheme, and for that matter, nothing less. If the employees avail of the benefit of such a Scheme with their eyes open, they cannot look here and there, under different schemes, to see what other benefits can be achieved by them, by seeking to take advantage of the more beneficial schemes, while simultaneously enjoying the more beneficial aspects of the SVRS-2004 Scheme.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]It has to be appreciated that theScheme is statutory in character, being a Scheme under Sectionof the General Insurance Business (Nationalisation) Act, 1972. It would not be appropriate to add or subtract terms from the Scheme, which has a statutory flavour. There could not have been any concession contrary to the terms of the Scheme, and if such a concession was tenure for the benefit of the retirees, then it had to go through the process of a formal notification. In fact, post the decision inth the parties also understoodthat there was really no question of availing the benefit, contrary to clause 6(1)(c) of theScheme. This is what resulted in the review application, the clarification and modification application, etc. The rejection of the review application filed by the beneficiaries itself shows that post the judgment, clause 6(1)(c) was once again highlighted before the Bench. Despite this, the review application was dismissed, which clearly shows that this fact was not important for finally coming to the conclusion that the salary revision was not applicable to those who had already retired. Learned senior counsel for the appellant himself acknowledged that in the absence of any specific direction in this behalf, they could not have even filed a contempt petition and thus the fresh round of litigation began.18. On the other hand, it was canvassed by the insurance companies that there could be no concession against law [Tripura Goods Transport Association & Anr. v. Commissioner of Taxes &Ors.].Learned counsel also referred to New India Assurance Company Limited v. Raghuvir Singh Narang & Anr.to buttress the plea that if there is a scheme which has a statutory character, then there could not be any contention which could be permissibly raised, contrary to the Scheme. Even qua contractual schemes, if one has availed of the benefits, it would not be open to raise pleas and seek benefits beyond what is stipulated in the Scheme.19. The earlier judgments in Bank of India & Ors. v. O.P . Swarnakar & Ors.And HEC Voluntary Retired Employees Welfare Society & Anr. v. Heavy Engineering Corporation Ltd. &Ors.,dealing with voluntary retirement schemes have been taken note of in the impugned(2015) 5 SCC 747  (1998) 2 SCC 264   para 9(2010) 5 SCC 335  (2003) 2 SCC 721  (2006) 3 SCC 708  judgment, to come to the conclusion that the terms of such schemes must be strictly followed, and the contract cannot be varied. We may add here that apparently there are certain observations in paras 33 and 34 of the impugned order, which may also run contrary to clause 5(1) of theScheme, insofar as the Division Bench has opined that the words ?whichever is less? have been excluded from clause 5 of theScheme. It may be noted that such is not the case, for clause 5 of theScheme, as extracted above, explicitly provides, in clause 5(1), that an employee seeking special voluntary retirement, under the Scheme shall be entitled to the lower of theamounts as mentioned thereunder. We feel it suffice to clarify that what is binding between the parties is the statutory scheme itself, as per its terms.20. We have, thus, no hesitation in coming to the conclusion that statutory or contractual, such voluntary retirement schemes as the SVRS2004 Scheme have to be strictly adhered to, and the very objective of having such Schemes would be defeated, if parts of other Schemes are sought to be imported into such voluntary retirement schemes. What is offered by the employer is a package as contained in the Schemes of voluntary retirement, and that alone would be admissible.21. The issue which arose inWas qua the revision of pay, with retrospective effect. That was the only issue. That issue was decided against the beneficiaries of theScheme. If there are certain observations made by that Bench while deciding so, qua aspects which are not forming the subject matter of that dispute, the same cannotto amount to grant of relief/benefits, contrary to the terms of the Scheme, and that too, in the absence of any specific directions.It is, thus, abundantly clear that nothing more would be given than what is stated in the Scheme, and for that matter, nothing less. If the employees avail of the benefit of such a Scheme with their eyes open, they cannot look here and there, under different schemes, to see what other benefits can be achieved by them, by seeking to take advantage of the more beneficial schemes, while simultaneously enjoying the more beneficial aspects of the