Regd. Post
17.3.2020
(THIS LETTER IS SENT ON FORMAL LETTER HEAD.
COPIES BEING BLEAK & BLURRED CAUSE READING TROUBLE, HENCE MAILED ON PLAIN formate:)
The Chairman,
Indian Banks' Association,
Mumbai
Dear Sir,
'मोदी सरकार मुकदमेंबाज है',
ऐसी छवि आपके नाते बन रही है !
Modi Govt is Litigious,
You are carving out this image!
1. We invite your kind attention to our letter dated 7th March, 2020 in which we have had shared with you certain instances of your acts that was found in contravention of law and struck down by Courts. It happened, because your agreements on behalf your member banks with Unions were found inconsistent, thus in contravention of law.
2. Hope, you reluctantly, but agree that your such 'acts' impact adversely the 'image' of Modi Govt. Such court cases create an impression that the Modi Govt is litigious (मोदी सरकार मुकदमेंबाज है), while it happens on your count.
3. In the backdrop of numerous court cases and legal notices, you have made out an exit passage for yourselves vide your legal circular on 30.9.2019.
4. Your averments in para 4 of your Circular, imply that you are a 'voluntary association of Banks; not govt, govt dept, neither a regulator, nor self regulator or a self regulatory organization; no Authority over Banks; don't issue any direction to Banks; merely play as facilitator, we mean broker or middleman, in matters of common interest.'
5. According to you, you are no 'body', neither person nor legal entity. Thus, in other words, you are neither male nor female. But, you have been producing legitimate children, that we mean 'agreements', under certain Acts and legal framework. You have been working since your inception as 'body' of Banks and appearing in courts, tribunals, CLC (C) etc and representing Banks?
6. If you were not authority, mere facilitator-broker- middleman, call it by any name, how did you ink 10 Bipartite Settlements under Section 2(P) and Section 18(1) of ID Act, 1947 read with Rules 58 of the Industrial Disputes (Central) Rules, 1957? Middleman, broker or facilitators don't and can't execute legal deeds. Here, Banks haven't signed any settlements etc. Well, you have tried very cunningly to confuse Banking fraternity. More so, you haven't spared Courts even to play with.
7. Your acts and functions can't be taken as 'dubious' or 'fake', on the basis of your track record. Obviously, we find some inherent & hidden purposes of your said circular, as stated in para 6.
8. Given a cursory look to para 6, we don't think, no more analysis is required of your intent. It is eloquently clear that you have taken this stand to avoid Courts and/or accountability. When all settlements were signed by you, how can you escape from your responsibility, when the question of 'fit & proper' arises? Simply by your denial, you can't be absolved of your accountability.
9. Reading of para 5 of your circular makes it clear that you are trying to twist the issue in question by citing Bombay High Court judgement dated 6.9.18. Case specific, Hon'ble Courts', observations/ decisions can:t be generalized.
You have at your credit many laurels, but exceptionally great the followings:
◆ There is an old proverb. You can't eat your cake and have it too. You denied your authority, but holding that too. To understand your calibrated move, one needs to understand your great modus operandi.
◆ You provoked the situation by giving 2% wage rise offer. Was it really with govt concurrence? First, step to defame govt.
◆ Then, for no reason, you created trouble in officer fraternity in scale-3 issue. Another gimmick you did to defame govt.
◆ You provoked Bank Pensioners by stating in your joint notes dated 15.5.2015 that Pensioners have no 'contractual relationships with their respective Bank.' It was your 3rd step to tarnish the image of govt.
◆ In 10th settlement you fractured Basic pay by 7.75% to scuttle Pension. You did it knowing all facts, we mean the fate of 1616/1684 decision. It was 4th dent on govt image.
◆ Earlier you created two Pay Scales one to draw pay at 1684 and other to draw Pension at 1616 indices. People know, only elephant as having two different tooths, one to eat other just to show. But, miraculous it looks that you made it to human too, by two basic pay scales, just to scuttle Pension. Govt must reward you. Govt should assign you the next Pay Commission Chairmanship. You can play wonderful role.
◆ Look to 2nd Pension Option terms, which reversed the settled terms of Pension Agreement, 1993 & Pension Regulations, 1995. Your agreement is void in the eye of law.
◆ Some 20 writs are pending in various High Courts. Some PILs are under consideration of Hon'ble Supreme Court of India. Banks are wasting hundreds of Crores. You know well, for it credit goes to you.
◆ Again you have fueled the fire by your tukde-tukde pension revision offer, as your agents are propagating these days. Banking fraternity is yet to know your presentation in this regards.
In nutshell, your track record has been trouble perpetrator instead trouble shooter.
All above don't show that you have ever been serious to achieve longer lasting industrial peace in Banking. In all your acts troubles continue brew in. We find, you have been engaged in creating ruckus in Banking. While the fact is that the Banking is passing through change, where very sincere endeavor is required from across entire spectrum in tight direction, but the same is totally missing in your actions. Several strikes had taken place. Among Employees or officers, we never saw such anger, anguish, discontentment and frustration as it is today.
We, therefore, having given deeper thoughts, conclusively say that if you stand by your stated 'status', firstly, you have no authority to play frontal role, as negotiator in Bipartite Talks. Please, therefore, you must withdraw from the Bipartite Process and vacate the seat for Banks' management and let them discuss and decide the issues. Secondly, if you wish, you may continue in your role of 'facilitator' from backdoor, of course after having completed requisite certain legal requirements like registration under certain law of the country.
Hope, in compliance with your status, you hence forth behave as facilitator, not negotiators. If you want to continue as negotiators, please withdraw your circular in question forthwith to avoid any legal imbroglio. Any agreement in future must be vetted by Ministry of Law & Justice, since your agreements drag government in the court too often, wast public funds.
Hope, you apply your mind and decide under information to us to avoid any further course in this matter.
Regards,
( J. N. Shukla)
National Convenor,
FORUM OF BANK PENSIONER ACTIVISTS
PRAYAGRAJ
Copies to:
1. Hon'ble Finance Minister,
GOI, New Delhi
2. The Secretary, Finance
3 The Secretary, DFS
MOF, GOI New Delhi
- for necessary action. Please look into their
circular dated 30.9.2019 & decide as to under
which authority, they are doing their job.
4. Hon'ble Prime Minister,
GOI, New Delhi
- Acts of IBA is purported to be the act of Govt., as
it represents Public Sector Banks.
So far, over 20 cases are pending
in different High C ourts. Some PIL in Hon'ble
Supreme Court as well. Hundreds
of crores are being wasted as legal expenditure
by Banks/DFS. Most damaging aspect is that the
acts of IBA is tarnishing the image of Govt and
bank men have a feeling that Modi govt is litigious.
'मोदी सरकार मुकदमेंबाज है' की छवि आईबीए बना रहा हैं.
No comments:
Post a Comment