VidhiSangh

Supreme Court of India · 02/04/2025

UCO BANK & ANR. versus VIJAY KUMAR HANDA

[2025] 5 S.C.R. 389 · 2025 INSC 442

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A bank clerk found guilty of gross misconduct was dismissed, but the appellate authority modified the penalty to removal from service with entitlement to terminal benefits for the service rendered. The Supreme Court upheld the High Court's direction to process his pension, holding that the appellate order had attained finality once the Labour Court award substituting a lesser penalty was set aside, and that under the binding decision in Bank of Baroda v. S.K. Kool an employee otherwise eligible under the Pension Regulations who is removed with superannuation benefits under Clause 6(b) of the Bipartite Settlement is entitled to pension notwithstanding Regulation 22 of the UCO Bank (Employees') Pension Regulations, 1995.

Issues

  1. Whether an employee removed from service for gross misconduct, with the appellate authority holding him entitled to terminal benefits for the service rendered, is entitled to pension despite Regulation 22(1) of the UCO Bank (Employees') Pension Regulations, 1995, which provides that removal entails forfeiture of past service.
  2. Whether the decision in Bank of Baroda v. S.K. Kool, reconciling Clause 6(b) of the Bipartite Settlement with Regulation 22, applied although the Bank contended that the respondent was not punished under Clause 6(b) and had not opted for pension before removal.
  3. Whether the appellate authority's order of removal with terminal benefits had attained finality so as to bind the Bank.

Provisions considered

Held

Result

Appeal dismissed; the High Court's direction to the Bank to process the respondent's case for pension in terms of the option exercised by him and release the pensionary benefits expeditiously stands. No order as to costs.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 389.