- (1.) By consent of the parties, the appeal and the application are treated as on day's list and disposed of by this common judgment.
(2.) The appeal is arising out of a judgment dated 12th September 2019. Shorn of details, the appellant was appointed on compassionate ground by the respondent bank as a probationer in the respondent bank on 27th March 1995 and thereafter, by a letter dated 20th February 1996, the bank confirmed her appointment to the post on permanent basis on and from 8th November 1995. The appellant retired from service on 31st December 2018. After her retirement, the appellant demanded pension. Her claim for pension was denied on the ground that she had not exercised her option in terms of United Bank of India Employees Pension Regulations, 1995.
(3.) Arguments have been advanced on behalf of the appellant that since she became an employee after the Pension Regulations of 1995 came into operation with effect from 29th September 1995 i.e. a few months before her service being confirmed on a permanent basis, the said Regulations will not be applicable to her as her initial appointment as probationer was on 27th March 1995. Reliance has been placed on the Memorandum of Settlement between the Managers of 58 banks as represented by the Indian Banks' Association and their workmen as represented by All India Bank Employees' Association. Our attention is drawn to Clause 2 of the Settlement which deals with pension as a second retiral benefit claimed in lieu of contributory provident fund that was made available to categories of employees / retired employees from 1st November 1993 or the date of retirement, whichever is later. The contention of the appellant is that since the appellant was in the employment of the bank on or after 1st November 1993, her claim for pension is to be considered on the basis of Clause 2(1) of the Bipartite Settlement dated 29th October 1993 and there is no need to exercise any option as the right flows from the said Settlement itself.;