The employer introduced an Ex Gratia scheme for its ex-employees. To avail the benefits of the scheme, an employee had to give an undertaking that he has no litigation pending against the corporation. Since, the appellant had a dispute pending against the corporation, it precluded him from being enrolled under the scheme. Consequently, he filed a writ petition, challenging the said condition as arbitrary and discriminatory, affecting his constitutional right to approach a court. The Court, while noting the importance of “access to justice”, stated that there will be no remedy if the right claimed has no legal recognition. The employee is only entitled to the benefits of the scheme after the date of the decision of the earlier litigation, and not retrospectively, from the date of introduction of the scheme.
India