Bank of Baroda vs G. Palani - 2018 Supreme(SC) 2114

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 2114

ARUN MISHRA, AMITAVA ROY
Bank of Baroda – Appellant
Versus
G. Palani – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Rajesh Kumar, Gaurav Kumar Singh, Anant Gautam, Aakash Sehrawat, V. Govinda Ramanan, Soumu Palit, Adarsh B. Dial, Rajiv Nanda, Ananya Datta Majumdar, Sumati Anand, Jagat Arora, Rajat Arora, Anuvrat Sharma, Aayush Agarwala, Pramod B. Agarwala, Shanthakumar Mahale, Rajesh Mahale, Manoj Swarup, Mukul Kumar, Mansi Jain, Rohit Kumar Singh, Romy Chacko, Chandan Kumar Mandal, S.C. Jaidwal, Pulkit, Amith J.
For the Respondents: B.B. Sawhney, Shashank Mishra, Naresh Bakshi, Aparna Jha, S. Rajappa, Sanjay Kapur, Megha Karnwal, Mansi Kapur, Shubhra Kapur, O.P. Gaggar, Aditya Gaggar, Ajit Wagh, M. Khairati, Irshad Ahmad, Naveen R. Nath, Abhimanyu Verma, Lalit Mohini Bhat, Shailesh Madiyal, Sudhanshu Prakash, Mahesh Thakur, Vipasha Singh, E.C. Vidya Sagar, R.S. Hegde, Farhat Johan Rehmani, Chandra Prakash, Prashant Jain, Rajeev Singh

ORDER :

1. Heard learned counsel for the parties.

2. I.A. Nos. 3, 4 & 5 of 2012 for intervention are permitted to be withdrawn, with liberty to avail appropriate remedy. Applications stand dismissed as withdrawn.

3. Leave granted in all the special leave petitions.

4. In these civil appeals, question arises with respect to the calculation of the pension on the basis of the definition of average emoluments given in Regulation 2(d) read with definition of the pay, as defined in Regulation 2(s) of the Bank (Employees) Pension Regulations, 1995 (hereinafter referred to as “the Regulations of 1995), of the concerned Banks.

5. The dispute is with respect to the employees who retired or died while in service on or after 1.4.1998 and before 31.10.2002. The Banks are governed by the Banking Companies (Acquisition and Transfer of Undertakings Act, 1970 (hereinafter referred to as “the Act of 1970”). The regulations have been framed in exercise of powers conferred under Section 19 of the Act of 1970.

6. We are concerned in the instant cases with the officer’s class of the Banks. The provisions of the Industrial Disputes Act, 1947 are admittedly not applicable to them.

7. On 29.9.1995, the Board of D