In Brief
UCO Bank dismissed an employee, Vijay Kumar Handa, for gross misconduct involving assault in 1998. On appeal, the penalty was reduced to removal from service with terminal benefits. The employee later sought pension. The High Court granted it, relying on the Bipartite Settlement clause allowing removal with superannuation benefits if the employee otherwise qualified. The Supreme Court upheld the High Court's decision, holding that employees removed under the Bipartite Settlement are entitled to pension if they meet statutory eligibility criteria (minimum 10 years' service). The regulation forfeiting benefits upon removal must be harmonised with the settlement's explicit provision for superannuation benefits, giving effect to both provisions.
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