Gauhati High Court
WP(C)/3450/2024 of JOGANANDA SARMA Vs UCO BANK AND 5 ORS on 27 September 2026
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
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
BTM SARANI
KOLKATA-700001.
3:THE GENERAL MANAGER
PERSONNEL SERVICES DEPARTMENT
UCO BANK
HEAD OFFICE
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
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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 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 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