Faizan Uddin, J. - (1.) Leave granted.
(2.) This appeal by one of the retired employees of the Trust created by one Late Babu Lal Agarwal has been directed against the order dated July 26, 1995, passed in appeal by the Division Bench of the Calcutta High Court setting aside the order passed on December 12, 1994, by a learned single Judge of that Court in Civil Suit No. 703/1993, whereby the learned single Judge had held that the appellant was entitled for the pension as well as the gratuity from the said Trust.
(3.) Late Babu Lal Agarwal, during his life-time, had executed a Will and testament creating a Trust for religious and charitable purposes. In a suit between one Amrita Bibi the widow of the predeceased son of late Babu Lal Agarwal and his other heirs a comprehensive scheme was framed for administration of the Trust. Amongst other matters, the scheme provided for grant of pension and other facilities to the employees of the Trust and the relevant provisions in the said scheme were as under:- "(a) The Trustees at their discretion may grant to such of the employees of the Estate who have satisfactorily served with the Estate for a period of not less than 30 years', pension either by monthly payments or by payment of a lump sum. (b) The pension granted to an employee in case of monthly payments should not ordinarily be more than one third of his last pay and in case of lump sum payment should not be a sum more than four thousand rupees. (c) The Trustees may at their discretion also pay gratuity to such members of the family of an employee dying during his service with the Estate as they think fit. The amount of such gratuity shall not ordinarily exceed one year's full pay last drawn by such deceased employee." ;