Monday, February 10, 2020

Important Information Court Cases

Following  important  messages  are received  on Whatsapp  . They are posted here for benefit  of all concerned.  Please  verify  truth if you doubt any information ormation.

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This time the wage settlement has become a very ticklish issue. Though the delay is common in all settlements, but this time, some other complicated  issues has made it uncertain. For example

(1).   a writ petition is filed in a High Court  to settle  the wages on the basis of  Code on Wages Act 2019.

(2). WE BANKERS have challenged the authority of IBA demanding a PAY COMMISSION

(3). A  petition in Punjab and Haryana Court has also questioned the authority of IBA.
(4). IBA, itself has declared that it has no authority and only a facilitator for the parties to settle the issue.

(5) Supreme court , verdict is being quoted by unions that wage settlement and pension revision cannot be separated. Pension is not not a bounty but a statutory liability of the employer.

(6). IBA changes its stand in every meeting . Sometimes, banks non affordability , longevity of age of pensioners,  calling of data regarding pensioners, actuarial cost of pension revision, PLI,  fractured mandate upto  scale V and many others.

(7) UFBU  is also saying , though half heartedly, that it will ensure to settle the pension revision along with settlement.  Their strikes are becoming ineffective on IBA or government.

(8) AIBRF and CBPRO  have awakened from a long sleep but still depending  upon  UFBU. No individual ideology and raising demand in a very hazard manner.

(9) A large number of small retirees unions have come in the banking domain which is certainly the result of dissatisfaction and frustration from UFBU,  ignoring the retirees issues since long .

(10) A new , but most effective organisation named as AIBRAF  has established its presence amongst all these factors, raising demands in a very effective manner, challenging the other old unions,  demanding a BANK RETIREES COMMUSSION. It has made all sleeping union active and raising demands  in there own way  on all issues especially by filing petition on high health insurance premium and attracted the attention of all concerned towards Pension Fund.

Under the circumstances, the possibility of wage  settlement is like a dream and if it happens, it will definitely take a new shape. Very uncertain future of continuance of existing unions,  system of BPS and future of IBA.


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Gratuity related to its applicability  from 1.1.16 has entered arguments in court of law. Payment of Gratuity act.violation will enter argument stage in April.

Pension updation most likely on 19.2.20.


Our purpose of writing to CJI was only to coincide with likely date of arguments in writs.

We will leave no stone unturned for early hearing and to avoid tactful delays by monkeys.

Else demonstrations ,protests of dirty nature but non violent.
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Scrap IBA and negotiate with Government
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When IBA started tarnishing the image of Bank Employees, why should we keep quiet. We have to expose the IBA by furnishing the information to the public, through Electronic media, Print media and Social media.
            Central Government employees working PSU Industries, Financial Institutions like RBI, LIC, GIC, NABARD, IFCI, etc., are directly negotiating with the Government regarding wage revision, Pension Regulations, Service conditions etc., All our PSU Banks are owned by Government of India. But why should we negotiate with IBA, it is only a facilitator, not even a statutory body. It has no responsibility or any control on the Banking Industry, in forming any policy guidelines regarding Deposits, Advances, Recovery of NPAs, improving profitability, customer service, etc.,  We have to demand for scrapping of IBA and directly negotiate with the Government of India.
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नैशनल ऑर्गनाइजेशन ऑफ बैंक  ऑफिसर्स के राष्ट्रीय महामंत्री श्री विराज टिक्केकर ने सेवानिवृत्त बैंक कर्मियों को आश्वस्त किया है कि शीघ्र ही पेंशन में वृद्धि देखने को मिलेगी। जोधपुर में बैंक कर्मियों को संबोधित करते हुए उन्होंने बताया कि आईबीए  स्वनिर्धारित व्यय लगभग 90 हज़ार करोड़ बता कर बहुत बड़ा खर्च बता रहा था जो कि इतना है नही।आईबीए अब भी इसे 40000 करोड़ मान रहा है जबकि यथार्थ में 15000 करोड भी पर्याप्त है,औऱ इस पर सहमति बनने जा रही है।इसका क्रियान्वयन विभिन्न चरणों मे सम्पन्न होगा, पहले सेवानिवृत्त हुए कर्मियों को पहले इसका लाभ मिलेगा औऱ धीरे धीरे इसका लाभ सबको मिलेगा।अतः पेंशन में शीघ्र बदलाव देखने को मिलेगा।

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SUPREME COURT VIEWS ON PENSION REVISION.
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 1. The bench has authoritatively ruled that .Pension is a right and the payment of it does not depend upon the discretion of the Government. Pension is governed by rules and a Government Servant coming within those rules is entitled to claim pension.                       

2.The judgement has recognised that the revision of pension and revision of pay scales are INSEPARABLE.           

3.The bench has reiterated that on revision the Basic pension cannot be less than 50% of the Basic Pension in the minimum of the Pay Band in the revised scale corresponding to the pre-revised scale.             

4.The government CANNOT take a plea of financial burden to deny legitimate dues of the pensioners.                 

5.The Government SHOULD AVOID unwarranted litigation and not to encourage any litigation for the sake of litigation.                           

6. When pension is upheld to be a right and NOT A BOUNTY, as a corollary to the averment that revision of pension and revision of pay scales are INSEPARABLE, upgradation of pension is also a RIGHT AND NOT A BOUNTY. THE JUDGEMENT IS BASED ON THE DECISION ON D S NAKARA CASE.         

 The judgement is very clear and IBA is aware of it but UFBU has not raised   these Points  with the IBA/Govt. APEX Pensioners Union are keeping their Voice mute & lips shut on it. It is nothing but betraying policy of Apex pensioners union ( CPBRO  & AIBRF)  IBA & UFBU With Bank Pensioners.


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Ex-Gratia to the Pre-1986 Retirees
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AIBEA 
AIBEA/GS/2020/12                                                     7-2-2020 


To Ms. Nirmala Sitharaman,
 Hon Minister for Finance,
 Govt. of India, New Delhi. 


Respected madam, 
 Revision in Ex-Gratia payable to Pre-1986 Bank Retirees 
 We once again venture to represent to you regarding the following genuine issue which warrants a very sympathetic consideration by the Government.  We have written to you in the past also but perhaps the same have escaped your attention or a decision was not yet taken in that regard. 

Background:  With the approval of the Government of India, Pension Scheme was introduced in the Banks w.e.f. 1-1-1986 in lieu of Provident Fund.  Employees who had retired prior to 1986 were not covered by the pension scheme. 

In view of the representations, the Government issued their Guidelines in 1998 advising payment of an Ex Gratia amount of Rs. 300 + DA per month w.e.f. from November, 1997 for the surviving pre-1986 retirees of Banks.   

Later, in 2006, the Government advised that the surviving spouse of pre-1986 retirees shall be paid a fixed lumpsum Ex-Gratia of Rs. 1000 per month without any DA thereon. 

Present position:  In 2013, Government advised that these pre-1986 surviving retirees may be paid Rs. 350 pm + DA and the surviving spouse of such retirees may be paid Rs. 175 pm + DA.  This continues now also.  
 As of now, only the 17 Public Sectors Banks are covered by this scheme.  State Bank of India is not covered since they have their own separate pension scheme much earlier. 

There are only 2500 Pre-1986 Retirees in the entire banking industry who are covered by this Ex-Gratia payment.   

Similarly, there are only 2900 surviving spouse of such pre-1986 retirees.   

The total expenditure/pay-out involved atpresent for all the 17 Banks put together is only around Rs. 1.75 crores per month or about Rs. 20 crores per year. 

These retirees, having retired from the Bank prior to 1986, are very aged and are today in the age group of minimum of 94 years and above and they have been representing that the Ex-Gratia amount may be revised and enhanced to some extent in view of the present cost of living, inflation, medical expenses, etc. 

We shall thank you to kindly consider this genuine representation of these very senior citizens favourably.   

Thanking you,                                                                                  Yours faithfully, 

C.H.VENKATACHALAM 
GENERAL SECRETARY 


Copy to: • Secretary, DFS Ministry of Finance, New Delhi • Chairman, Indian Banks’ Association, Mumbai

1 comment:

  1. We are very eagerly waiting for the pension revision etc.

    ReplyDelete