Regulation 28 as it stood prior to the aforesaid amendment is as follows Superannuation Pension Superannuation Pension shall be granted to an employee who has retired on his attaining the age of Superannuation specified in the Service Regulations or settlements.
The Division Bench of the High Court took up both the Writ Appeal and the Writ Petition filed by the appellant Bank for hearing and by a companymon judgment dated 20th December, 2006, dismissed the writ petition filed by the appellant Bank and allowed the Writ Appeal filed by the respondent workman and directed release of pensionary benefits to the respondent within a period of two months along with interest 8 on arrears of pensionary benefits from the date of making of the Award.
As the reconciliation process failed, the dispute as to whether the refusal of the Bank to provide pensionary benefits to the respondent after voluntary retirement, was legal and justified, was referred to the Industrial Disputes Tribunal, Jodhpur.
The said amended Regulation was published in the Gazette of India on 2nd January, 2004 and provides as follows Superannuation Pension.
Aggrieved by the Award of the Tribunal, the appellant Bank filed a Writ Petition before the High Court on 24th January, 2004, and the same was registered as S.B.C.W. No.5766 of 2004.
The appellant Bank opposed the claim of pension companytending that in terms of Regulations 14, 28 and 29 of the Pension Regulations, 1995, the respondent was number entitled to pension.
After retiring from service on the acceptance of his application for voluntary retirement, the respondent filed an application before the Central Labour Commissioner, Ajmer, on 24.10.2001 claiming pension with effect from 1.4.2001.
On 21.10.2003 when the matter was fixed before the Tribunal, the Bank went unrepresented and subsequently the Tribunal by its Award dated 23.10.2003 allowed the respondents claim and directed the appellant to pay the respondent pension according to the Pension Regulations, 1995, with effect from 1.4.2001.
Superannuation Pension shall be granted to an employee who has retired on his attaining the age of Superannuation specified in the Service Regulations or settlements.
Aggrieved by the order of the learned Single Judge, the respondent workman filed Special Appeal, being No.
The said decision of the Division Bench of the Rajasthan High Court at Jodhpur is the subject matter of challenge in the present appeal.
Provided that, with effect from 1st day of September, 2000 Pension shall also be granted to an employee who opts to retire before attaining the age of Superannuation, but after rendering service for a minimum period of 15 years in terms of any scheme that may be framed for such purpose by the Board with the approval of the Government.
The respondent employee also filed a Writ Petition before the High Court in 2005 for implementation of the Award passed by the Industrial Tribunal and the same was registered as C.W.P. No.6525 of 2005.
However, the respondents application for voluntary retirement was accepted by the Bank and he was paid all retiral benefits applicable to him under the Scheme, but his request for grant of pension in addition to the other retiral benefits was number acceded to by the Bank.
At the relevant point of time the respondent had companypleted only 13 years of service in the appellant Bank.
ALTAMAS KABIR,J. Leave granted.
The respondent herein was an employee of the Bank of Baroda, the appellant herein.
The Writ Petition filed by the respondent was dismissed by the learned Single Judge of the High Court on 7th November, 2005, on the ground that the Industrial Disputes Act is a Code by itself and companytains provisions for enforcement of the Award and the respondent employee was, therefore, required to pursue his remedy accordingly.
481 of 2005.
