Must a resigned former employee joining the Pension Scheme under Clause 37 of the 12th Bipartite Settlement refund the Bank's contribution to Provident Fund and execute an undertaking?
Coram: Justice S. M. Subramaniam · Justice Krishnaswamy Govindarajan
A resigned former employee joining the Pension Scheme must refund the Bank's contribution to Provident Fund and execute an undertaking.
Yes. A resigned former employee joining the Pension Scheme must refund the Bank's contribution to Provident Fund and execute an undertaking. These are conditions (b) and (c) of Clause 37(1); the refund carries accumulated interest and the undertaking follows the Bank's draft. Once they are complied with, the Bank is bound to admit the employee to the Scheme with consequential monetary benefits.
Indian Bank (Employees') Pension Regulations, 1995 — Regulations 14 and 29 — 12th Bipartite Settlement — Clause 37 — Resigned former employee — Qualifying service — Pension — Pension Regulations, 1995 — Regulation 29 — Voluntary retirement — 20 years of qualifying service — Held: The requirement of 20 years of qualifying service applies only to accepting a voluntary retirement application under Regulation 29, which has no application to erstwhile employees who resigned the post. (¶9) Pension Regulations, 1995 — Regulation 14 — Resigned former employee — Minimum qualifying service — Held further: An employee in service after 01.01.1986 who resigned before 26.04.2010 with the minimum of ten years of qualifying service is eligible for pension under Regulation 14, consistently with Clause 37 and the amendment of 14.10.2025. (¶10, 11) Clause 37, 12th Bipartite Settlement — Refund of Provident Fund contribution — Undertaking — Held further: He must agree to refund the Bank's contribution to Provident Fund with accumulated interest and execute an undertaking, whereupon the Bank is bound to permit him to join the Pension Scheme. Writ appeal allowed. (¶11, 12)
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