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2013 Supreme(Del) 852

VIPIN SANGHI
HONG KONG AND SHANGHAI BANKING CORP – Appellant
Versus
ANJU BALA GUPTA – Respondent


Advocate Appeared:
Mr. Sumit Bansal, Mr. Ateev Mathur, Mr. Rajnish Gaur, Ms. Sumi Anand and Ms. Richa Oberoi, Advocates
Mr. Om Prakash Sharma, Advocate

JUDGMENT

VIPIN SANGHI, J.

1. The petitioner has preferred the present writ petition to assail the order dated 14.03.2013 passed by the Presiding Officer Dr. R.K. Yadav of the Central Government Industrial Tribunal cum Labour Court I, New Delhi (CGIT/Tribunal).

2. A little background of the relevant facts is necessary. The respondent was employed with the petitioner on 01.11.1978. The petitioner came out with a Voluntary Retirement Scheme (VRS) on 01.07.2003. The respondent opted for voluntary retirement under the said scheme and was relieved from service on 31.08.2003.

3. The lump sum amounts payable to the respondent was paid by the petitioner bank. She has also been receiving her pension from the petitioner. Much after the respondent had severed her relationship with the petitioner bank, the management of the petitioner bank entered into a Bipartite Settlement with the employees on 02.06.2005. However, the same was applicable w.e.f. 01.11.2002. Accordingly, the petitioner bank paid the arrears of the difference between the salary already received by the respondent and the revised salary, as well as the component of gratuity and provident fund on the basis of the revised salary. How

























































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