Issue for consideration
Matter was settled between the parties (respondent-employee and petitioner-bank) by virtue of the Joint Compromise Memo dated 17.06.2019, however, the High Court permitted the respondent-employee to exercise the option of availing retiral benefits and directed the petitioner-bank to pass appropriate orders. Service Law – Respondent-employee was dismissed by petitionerbank – Before the High Court, the parties arrived at an amicable settlement in terms of a Joint Memo dated 17.06.2019 where under the petitioner-Bank agreed to substitute the penalty of dismissal from service imposed on the respondent-employee with the penalty of reduction of time scale of pay by four stages but without adversely affecting his retiral benefits – Further, the respondent-employee was granted liberty to exercise the option of availing retiral benefits and with a further direction to the petitioner-Bank to consider and pass appropriate orders – Aggrieved by the liberty granted to the respondentemployee, petitioner- bank filed appeal: Held: Submission of the petitioner–Bank accepted for the simple reason that even if the relationship of the employer-employee had ceased on the dismissal of the respondent-employee on 03.03.1997, once the dismissal order passed by the Disciplinary Authority and upheld by the Appellate Authority vide order dated 06.04.1997, was set aside by the High Court by virtue of the judgment dated 23.06.2005, the umbilical cord between the petitioner-Bank and the respondent-employee stood restored and there was ample opportunity for the respondent-employee to have exercised the option (pension) in terms of the Circular dated 16.04.2010, which he failed to do – Having missed the bus, the respondent-employee could not have claimed any benefit of pension that too after entering into a Joint Memo of Settlement with the petitioner-Bank – As far as release of amount as per Joint Memo is concerned, while issuing notice on 30.06.2020 this Court permitted Joint Memo between the parties to be implemented – The petitioner-Bank did not release the amounts payable to the respondent-employee in terms of the Memo of settlement and that the said amounts were finally released as recently as on 30.09.2023 – Therefore, the respondent-employee to be compensated for illegal withholding of the settlement dues payable to him in terms of the Joint Memo dated 17.06.2019 – Having regard to the fact that this is an issue relating to withholding of retiral benefits, it is deemed appropriate to direct the petitioner-Bank to pay simple interest at the rate of 12% per annum to the respondent-employee w.e.f. 01.07.2019, till the date the said amount is released in favour of the respondent-employee. [Paras 7, 9, 10] OTHER CASE DETAILS INCLUDING IMPUGNED
As published in the Supreme Court Reports, Supreme Court of India.
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