BANK OF BARODA Vs. GIRISH SHANTILAL SHUKLA

JUDGEMENT

(1.) This Letters Patent Appeal has been filed challenging the judgment and order dated 6.5.2013 passed by the learned Single Judge in Special Civil Application No.9092 of 2008 by which the learned Single Judge allowed the writ petition filed by the respondent herein original petitioner and held that the petitioner is entitled to claim and receive pension from the appellant Bank and the appellant Bank was directed to pay arrears of pension to the original petitioner within a period of three months from the date of the judgment.

(2.) The facts giving rise to the present Letters Patent Appeal can be summarized as under :-

(3.) Mr. Mihir Joshi, learned Senior counsel assisted by Mr. Darshan Parikh appearing for the appellant Bank has submitted that so far as pension is concerned, it is governed by Pension Regulations which are statutory Regulations and are a complete code by itself and pension can be forfeited as per Regulation 22 read with Regulation 31 of the Pension Regulations. The Regulations being statutory were required to be followed and could not be given go-bye in view of the settlement arrived at between the workmen and the Bank under the Industrial Disputes Act.