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2026 Supreme(Cal) 208

IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
ICICI Bank Limited – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Soumya Majumder, ld. Sr. Adv. Ms. Pooja Chakraborti, Mr. Prithwish Roy Chowdhury, Mr. Aritra Deb.
For the Respondent: Mr. Kamalesh Jha, Mr. Md. Raihan Islam, Mr. Asis Mukherjee.

Judgment :

Shampa Dutt (Paul), J.

1. The writ application has been preferred praying for direction upon the respondent authorities to withdraw/cancel the order of reference dated May 22, 2025, passed by the Deputy Chief Labour Commissioner (Central), Government of India, and thus prays for quashing the impugned reference order dated May 22, 2025.

2. The petitioner's case herein is that the Bank of Madura (hereinafter "e-BOM") was amalgamated with the petitioner bank with effect from March 10, 1993 by virtue of a scheme of amalgamation in terms of Section 44A of the Banking Regulation Act, 1949.

3. The respondent no. 4, originally an employee of e-BOM, became an employee of the petitioner bank, since the date of amalgamation. He continued to receive salaries and benefits like the employees of the Petitioner bank after the merger of e-BOM with the petitioner bank.

4. The employees of the petitioner bank do not have a provision for pension. However, the employees of e-BOM who had been absorbed in the service of the petitioner bank, get pension in terms of Employees' Pension Regulations, 1995 on the basis of the basic pay drawn by them on the date of amalgamation.

5. This limited liability i

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