AIROnline 2025 SC 198

Supreme Court Of India

(From : AIROnline 2017 P and H 114)

Hon'ble Judge(s): Abhay S. Oka, Ujjal Bhuyan , JJ

Constitution of India , Art.136— Banking Companies (Acquisition and Transfer of Undertakings) Act (5 of 1970) , S.19(2)(f)— UCO Bank (Employees) Pension Regulations (1995) , Regn.35, Regn.22— Pension - Directions for release of - Challenge against - As per Cl. 6(b) of Bipartite Settlement, an employee found guilty of gross misconduct may be removed from service but would be provided with superannuation benefits which would otherwise be due to him - Initial penalty imposed on delinquent was dismissal from service after having been found guilty of gross misconduct as per Cl. 19.5(c) of Bipartite Settlement - Appellate authority had modified penalty of dismissal from service to removal from service with terminal benefits for period of service rendered by delinquent - Modified penalty as imposed by Appellate Authority had attained finality as it was not questioned by Bank - Further, interpreting harmoniously, Bipartite Settlement and Regn. 22 which provides for forfeiture of service, Supreme Court has held that such of the employees who are otherwise eligible for superannuation benefit are removed from service in terms of Cl. 6(b) of the Bipartite Settlement shall be entitled to superannuation benefits - Concurrent findings of Single Bench and Division bench that delinquent was entitled to receive pension in view of order passed by Appellate Authority could not be interfered with, while exercising juri....