Section 12. Removal of Chairman from office
(1) Every person holding office, immediately before the commencement of this Act, as Chairman of an existing bank shall, if he becomes Custodian of the corresponding new bank, be deemed, on such commencement, to have vacated office as such Chairman.
(2) Save as otherwise provided in sub-section (1), every officer or other employee of an existing bank shall become, on the commencement of this Act, an officer or other employee, as the case may be, of the corresponding new bank and shall hold his office or service in that bank on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the undertaking of the existing bank had not been transferred to and vested in the corresponding new bank and continue to do so unless and until his employment in the corresponding new bank is terminated or until his remuneration, terms or conditions are duly altered by the corresponding new bank.
(3) For the persons who immediately before the commencement of this Act were the trustees for any pension, provident, gratuity or other like fund constituted for the officers or other employees of an existing bank, there shall be substituted as trustees such persons as the Central Government may, by general or special order, specify.
(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, the transfer of the services of any officer or other employee from an existing bank to a corresponding new bank shall not entitle such officer or other employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.
Judgements applying section 12
Post-retirement disciplinary proceedings void ab initio; charge memo issued after acceptance of voluntary retirement (VRS) without jurisdiction; Regulation 45 & 48 Bank of Baroda Pension Regulations 1995; withdrawal of one-third pension not a permissible penalty under Regulation 4 DA Regulations;
AllowedOpenThe General Manager (Hrm) Bank of Maharashtra, Pune Vs Prakash Vishnu Shinde and Others
Outcome: AllowedForfeiture of gratuity; Payment of Gratuity Act 1972 Section 4(6)(a) and 4(6)(b)(ii); offence involving moral turpitude; conviction by competent court not required; compulsory retirement by way of punishment equals termination of service; post-superannuation disciplinary proceedings;
AllowedOpenThe General Manager (Hrm) Bank of Maharashtra, Pune Vs Prakash Vishnu Shinde and Others
Outcome: AllowedForfeiture of gratuity; Payment of Gratuity Act 1972 Section 4(6)(a) and 4(6)(b)(ii); offence involving moral turpitude; conviction by competent court not required; compulsory retirement by way of punishment equals termination of service; post-superannuation disciplinary proceedings;
AllowedOpenOld Pension Scheme eligibility under Regulation 46(1) of Allahabad Bank Officers Service Regulations, 1979; pension in lieu of gratuity restricted to officers appointed on or before cut-off date 01.07.1979; clerk promoted to officer in 1983 held ineligible;
DismissedOpen- DisposedOpen
COURT OF JUDICATURE AT MADRAS DATED: 21.4.2008 Coram THE HONOURABLE
DismissedOpen