Chief Officer- Uco Bank Pension Cell & vs General Secretary- Uco Bank Nivrut ... on 11 January, 2018

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Gujarat High Court

Chief Officer- Uco Bank Pension Cell & vs General Secretary- Uco Bank Nivrut ... on 11 January, 2018

Bench: Mohinder Pal

                  C/SCA/1000/2008                                              ORDER




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     SPECIAL CIVIL APPLICATION NO. 1000 of 2008

         ==========================================================
               CHIEF OFFICER- UCO BANK PENSION CELL & 1....Petitioner(s)
                                        Versus
                 GENERAL SECRETARY- UCO BANK NIVRUT PARIVAR &
                                  2....Respondent(s)
         ==========================================================
         Appearance:
         APPEARANCE DELETED for the Petitioner(s) No. 2
         MR MD RANA, ADVOCATE for the Petitioner(s) No. 1
         NOTICE SERVED for the Petitioner(s) No. 2
         MR DEVESH A BHATT, ADVOCATE for the Respondent(s) No. 2
         NOTICE UNSERVED for the Respondent(s) No. 1
         PARTY-IN-PERSON, ADVOCATE for the Respondent(s) No. 1
         RULE SERVED BY DS for the Respondent(s) No. 1 , 3
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE MOHINDER PAL
                            Date : 11/01/2018


                                      ORAL ORDER

1. By way of this petition under Article 226 and 227 of the Constitution of India, the petitioner- UCO Bank and anther have prayed for an appropriate writ, order or direction quashing and setting aside the impugned order dated 20.11.2007 passed by the Regional Labour Commissioner, (Central), Ahmedabad i.e. authority under the Industrial Disputes Act, 1947. Through this order, the petitioner was directed to entertain the claim of the respondents and to make payment of difference between the normal monthly pension Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu Jan 11 23:07:27 IST 2018 C/SCA/1000/2008 ORDER and the commuted pension.

2. Learned counsel for the petitioner has submitted that some of the employees earlier approached the Regional Labour Commissioner and directions were issued to the petitioner Bank to entertain their claim, however, the order passed by the Regional Labour Commissioner was set aside in Special Civil Application No. 5549/2004 passed by this Court on 12.10.2010. He has further pointed out that apart from the aforementioned decision, there is another decision vide which the order passed by the Regional Labour Commissioner has been set aside.

3. Heard. Keeping in view the fact that earlier the order passed by the Regional Labour Commissioner directing the petitioner - Bank to entertain the claim of the respondents and to make the payment of difference between the normal monthly pension and the commuted pension and interest has been quashed and set aside, the present petition is required to be allowed.

4. Accordingly, the present petition succeeds and the impugned oder passed by the authority under the Industrial Disputes Act, 1947 by the Regional Labour Commissioner (Central), Ahmedabad dated 20.11.2007 in AH/RLC/56(8)/2002 is hereby quashed and set aside. Rule is made absolute to the aforesaid extent. No cost.

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Gujarat High Court