CHOCKALINGAM C Vs. ADDITIONAL SECRETARY

JUDGEMENT

(1.) This writ petition is filed seeking mandamus to direct the respondents to recompute the pensionary benefits to the petitioners, who are all retired from service under the 2nd respondent management on the basis of average salary drawn by them for the last 10 months prior to their retirement and also direct the second respondent to pay arrears of pension.

(2.) The facts in brief in this writ petition are that the petitioners originally joined their service at the Bank of Madura at various positions on different dates. The Bank of Madura was amalgamated with ICICI Bank Limited, the 2nd respondent herein by the Scheme of amalgamation with effect from 10/3/2001. As per the said scheme, all the employees of Bank of Madura stood transferred to the service of ICICI Bank Limited however, all the service conditions of the employees of Bank of Madura are protected.

(3.) The employees of the Bank of Madura were provided with two retiral benefits in vogue namely the Contributory Provident Fund and Gratuity. During 1995, the Banking Industry had undergone a major change and the 3rd respondent negotiated with various trade unions of Banking Industry in respect of Pension Scheme. Accordingly, by virtue of Bi-partite Industry level settlement, pension regulations were framed and implemented across the country in all Banks irrespective of membership with the 3rd respondent.