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2009 Supreme(SC) 1387

S.B.SINHA, DEEPAK VERMA
United Bank of India – Appellant
Versus
Pijush Kanti Nandy – Respondent


Advocates appeared:
For the Appellant:Dhruv Mehta, Yashraj Singh Deora, Mohit Abraham, T.S. Sabarish (for M/s. K.L. Mehta & Co.), Advocates. For the Respondents:Rana Mukherjee, Siddharth Gautam, Goodwill Indeevar, Advocates.

JUDGMENT :-

S.B. Sinha, J.

1. Leave granted.

2. The Service Conditions of the employees of United Bank of India are governed by United Bank of India (Officers) Service Regulations, 1979 (for short, `the Regulations).

Regulation 19 of the Regulations reads as under:

"19.(1) The age of retirement of an officer employee shall be as determined by the Board in accordance with the guidelines issued by the Government from time to time—

Provided that the Bank may, at its discretion, on review by the Special Committee as provided hereinafter in sub-regulation (2) retire an officer employee on or at any time after the completion of 55 years of age or on or at any time after the completion of 30 years of total service as an officer employee or otherwise, whichever is earlier;

Provided further that before retiring an officer employee, at least three months notice in writing or an amount equivalent to three months substantive salary/pay and allowances, shall be given to such officer employee;

Provided also that nothing in this regulation shall be deemed to preclude an officer employee from retiring earlier pursuant to the option exercised by him in accordance with the rules in the Bank.

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