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2026 DAILYLAW 15275 (GAU)

JOGANANDA SARMA v. UCO BANK AND 5 ORS

WP(C)/3450/2024 · 2026-09-27

Kardak Ete

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010127882024 2026:GAU-AS:14379 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3450/2024 JOGANANDA SARMA S/O- LATE ANIRAM SARMA, R/O- VILL.- DEWERIGAON, P.O. KACHERIGAON, PIN- 784154, DIST. SONITPUR, ASSAM VERSUS UCO BANK AND 5 ORS REPRESENTED BY ITS MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER, UCO BANK, HEAD OFFICE, 10, BTM SARANI, KOLKATA-700001. 2:THE MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER UCO BANK HEAD OFFICE 10 BTM SARANI KOLKATA-700001. 3:THE GENERAL MANAGER PERSONNEL SERVICES DEPARTMENT UCO BANK HEAD OFFICE 10 BTM SARANI KOLKATA-700001. 4:THE ZONAL MANAGER UCO BANK ZONAL OFFICE T.R. PHUKAN ROAD JORHAT ASSAM-785001. Page No.# 2/4 5:THE BRANCH HEAD UCO BANK LANKA BRANCH PO LANKA DIST. NAGAON ASSAM PIN- 782446. 6:UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF FINANCE R.K. PURAM NEW DELHI-110066 Advocate for the Petitioner : MR A DASGUPTA, MR MONOJ ROY Advocate for the Respondent : DY.S.G.I., MR. S K MEDHI(C.G.C.),MS. S YASMIN (R- 1 TO 5),MR. M SHARMA (R- 1 TO 5),SC. UCO BANK BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 28.09.2026 Heard Mr. A. Dasgupta, learned Senior Counsel assisted by Mr. M. Roy, learned counsel for the petitioner. Also heard Mr. M. Sharma, learned counsel for respondent Nos. 1 to 5, and Ms. R. Dutta, learned counsel appearing on behalf of Mr. S. K. Medhi, learned Central Government Counsel for the respondents/Union of India. 2. The petitioner had been compelled to file this present petition on account of non-functioning of Central Government Industrial Tribunal-cum-Labour Court at Guwahati due to non-appointment of the Presiding Officer at the relevant Page No.# 3/4 point of time. 3. The grievance of the petitioner pertains to payment of monthly pension. It is the case of the petitioner that in terms of the UCO Bank (Employees') Pension Regulations, 1995, he was permitted to opt for superannuation pension pursuant to the subsequent Circular dated 30.08.2010. Upon exercising such option, the requisite amount was deducted from his salary. However, the respondent Bank has declined to grant him monthly pension on the ground that he was not a pension optee, rather a provident fund optee. 4. The petitioner was initially appointed as a Grade-IV employee and was subsequently promoted to the post of Clerk. He retired from service on 31.07.2021. 5. It appears that the UCO Bank Employees Association, Northeastern States Council, took up the grievance of the petitioner with the management and ultimately, raised an industrial dispute before the Deputy Chief Labour Commissioner, Guwahati. Upon failure of conciliation, the matter was referred to the Central Government Industrial Tribunal-cum-Labour Court at Guwahati by the Ministry of Labour and Employment, Government of India, vide letter dated 01.05.2024, which is stated to be pending before the Tribunal as on today. 6. As noted hereinabove, the present writ petition had to be filed on account of the non-functioning of the Central Government Industrial Tribunal-cum- Labour Court at Guwahati. However, it is stated at the Bar that the Tribunal is now functioning and the dispute raised by the petitioner is pending Page No.# 4/4 consideration before it. 7. Having considered that the case of the petitioner has already been referred to the Central Government Industrial Tribunal-cum-Labour Court at Guwahati and is pending consideration therein, and further taking note of the fact that the Tribunal is now functioning, I am of the considered view that it would be appropriate to send the matter to the Tribunal for proper consideration as the matter is pending since 2020. 8. Accordingly, the matter is remitted to the Central Government Industrial Tribunal-cum-Labour Court at Guwahati for consideration and disposal in accordance with law. 9. The parties are directed to appear before the Central Government Industrial Tribunal-cum-Labour Court at Guwahati on the next date fixed in the said proceedings. 10. The petitioner is also at liberty to file an appropriate application for interim award. Needless to observe that if such an application is filed, same shall be considered by the Tribunal in accordance with law. 11. Writ petition stands disposed of. JUDGE Comparing Assistant