Thursday, April 6, 2017

SLP filed by United Bank of India Management against decision of Kolkata High Court decision In the matter of 100 per cent DA Hearing on 31.03.2017

We reproduce below the circular issued by AIBRF on the above subject.
Quote
Ref:2017/47                                   Date: 31.03.2017

The Office Bearers/ Central Committee Members/ State Body Chiefs
A.I.B.R.F

Dear Comrades,
Re  SLP filed by United Bank of India Management against decision of Kolkata High Court decision In the matter of 100 per cent DA Hearing on 31.03.2017 

The above SLP came up for hearing in the Supreme Court today to decide on its admission.

2. Considering the importance of issue involved in it affecting large number of retirees, it is decided that AIBRF would take all steps to handle in Supreme Court in consultation with the United Bank of India Retired employees Welfare Association who are the original petitioner in this case. Accordingly AIBRF has engaged Senior Counsel to argue the case in today’s hearing.

3. In today’s proceedings , after hearing both the parties, the bench has decided to hear other parties of SLP namely IBA, Government of India before taking decision on its admission for regular hearing.

4. AIBRF shall take necessary steps to effectively and forcefully place all relevant facts before the court on the next date of hearing and will obtain legal opinion from some more senior advocates expert in service matters for this purpose. AIBRF will also consider joining the SLP if needed as per the legal opinion.

5. Next date of hearing is yet to announced by the court. All affiliates are requested to circulate only this communication of AIBRF in this matter.

With Greetings,

Yours Sincerely,

( S.C.JAIN)

GENERAL SECRETARY
Unquote
Source: AIBRF Website


Wednesday, March 8, 2017

Dharna Programme at Jantar Mantar, Delhi, scheduled on 15.03.2017 deferred by CBPRO after making broad-based consultation with constituents of CBPRO and affiliates of AIBPARC

We reproduce below the circular issued by CBPRO.
QUOTE :
CIRCULAR 004/2017 Dated 01.03.2017
Dear Comrades,
Sub: DHARNA PROGRAMME AT JANTAR MANTAR, DELHI - DEFERRED
We have vide our circular 001/2017 dated 21.01.2017 advised you about the demonstrative action programmes proposed by CBPRO in regard to our long pending issues of non-updation of Pension, Denial of 100% DA neutralisation to pre-2002 Retirees, improvement in Family Pension and urging Banks to bear the entire Medical Insurance Premium cost as extended to serving Employees and Officers. 
Our call for demonstrative action programmes as mentioned in the circular evoked lot of enthusiasm among the membership and Delhi State unit of CBPRO started with right earnest preparation for the centralized Dharna at Jantar Mantar, New Delhi on 15th March, 2017 by holding meetings and obtaining required permission from the authorities.
Meanwhile we also further activated our meetings and interactions with the concerned authorities like IBA, top Ministry Officials and conciliation proceedings in the office of Deputy Chief Labour Commissioner, Mumbai.
Our delegation to IBA had a full scale meeting with the Chief Executive of IBA and his team of Senior Officials on 15.02.2017 as per our programme. It was a cordial meeting where the issues were discussed in detail and the Chief Executive IBA conveyed to us their positive and pro-active concern in regard to all the issues of the Pensioners and Retirees and the requirement of the necessary response from the members of the Management Committee of IBA and as well as from the Finance Ministry in respect of our issues which will help in materialising our requests.
Immediately after the meeting with IBA, we met the top officials of the Finance Ministry on  21.02.2017 seeking their required intervention in regard to the resolution of our issues. We are encouraged by their positive response indicating to us that they have started looking at the issues again after the hectic demonetization and Central Government Budget exercise.
We again participated in the conciliation proceedings on 28.02.2017 at Mumbai. The respected Assistant Labour Commissioner after receiving inputs from us and endorsement of our views by AIBOC in the earlier proceedings on 24.01.2017 and observations of IBA representatives during the proceedings on 28.02.2017 advised to us that in view of the ongoing conciliation proceedings we should avoid agitational actions. We also suggested that IBA should come out with acceptable proposals as per provisions of settlements and Pension Regulations in respect of the issues raised by us. We will be issuing a detailed circular regarding conciliation proceedings separately.
In the light of the above, after consulting all the constituents of CBPRO, it is decided to Defer our Dharna Programme at Jantar Mantar, scheduled for 15.03.2017 and take advantage of the positive climate created by our meetings and interactions with IBA, the Ministry and our participation in the conciliation proceedings.
We deeply regret the inconveniences caused to our members especially those who are planning to come from across the country to participate in the Dharna and who have already made travel arrangements to undergo the ordeal of travelling long distances despite their advanced age. Comrades, we had witnessed the enthusiastic participation of over six thousand Retirees last time on 11.12.2015 at Jantar Mantar, Delhi and the number of participants this time would have gone much higher. However as we are seeing some positive and favourable signals from the IBA and the Government, we are confident that the membership will appreciate the decision to defer the centralized Dharna at Jantar Mantar New Delhi earlier scheduled for 15th March, 2017. We also assure you that we will use all the resources and connections of our constituents to clinch the issues at the earliest by further augmenting our interactions with the Ministry and IBA. We are also thankful to UFBU for having taken up the issues of Pensioners and Retirees in their negotiations, Charter of Demands and in their Action Programmes. We are also happy that large number of Retiree Comrades had joined the massive demonstrations organised by UFBU on 28.02.2017 in respect of their demands including the issues of their senior brethren, the Bank Pensioners and Retirees.
 Comrades, we repeat that we have only Deferred our Dharna programme at Jantar Mantar, New Delhi scheduled for 15.03.2017 to seize the opportunity of the positive headway we have made very recently which should result in the resolution of our issues.
With Regards,
Yours Comradely,
A.Ramesh Babu     K.V.Acharya
        Joint Conveners CBPRO
Unquote


Saturday, February 18, 2017

CLC proceedings of 24/01/2017 - Counter reply by AIBRF on submissions of IBA



Circular issued by AIBRF on the above subject is reproduced below. 
Quote
Ref:2017/22                                                     Date.12.02.2017


Smt. Kalpna Sisiodia
Assistant Labour Commissioner (Central)
Mumbai

Madam,
                      Re: Proceedings of 24.01.2017
                      Re: Submissions of  IBA
                      Re: Our Counter Reply
During the proceedings of 24.01.217 on AIBRF representation on 100 per cent Dearness Relief, Indian Bank Association (IBA), one of the parties to whom notices were issued had submitted its response vide letter no. HR&IR/KSC/85/748/1742 dated 29.12.2016 which was taken on record.

2.We below submit our counter reply on the above submissions of IBA.
(a) In Para 2, IBA has stated that it has entered in to settlement with unions in 1993 to introduce pension scheme  in lieu of contributory PF in public sector banks. In this regard we would like to clarify the pension scheme designed in 1993 was not only implemented in public sector banks but in private banks/ foreign banks who were members of IBA.

Further it is stated in Para 2 of IBA letter that the pension scheme of 1993 implemented in public sector banks was designed as  per the provisions of the section 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act,1970. It clearly indicates that the pension scheme of 1993 applicable in public sector banks is statutory in nature and is not merely contract between two parties. It may also be stated in this regard that this pension scheme was notified in the official Gazette of Government of India further confirming that it is statutory in nature.

In view of the above legal position, all the representations of the concerned parties need to be attended and dealt accordingly and IBA can not be allowed to keep issues under carpet in the name of absence of contractual obligation/ mandate.

IBA may please be asked to give their response on the points raised above.

(b) In Para 4 of the letter, IBA has confirmed that provisions of Pension Regulations have been amended from time to time to meet requirement of employees/ pensioners. It indicates that IBA has required mandate from member banks to consider and amend provisions of Pension Regulations from member banks from time to time as per need of the time.


IBA may be asked to supply copies of the mandates received from member banks which enabled it to negotiate and approve various amendments in the past.

Further, it may be pointed that in settlement dated 27.03.2000 IBA carried out amendment in Regulation No 35 reducing entitlement towards basic pension of those retired between 1998 to 2002 from 50 per cent of last pay drawn to about 43 per cent of last pay drawn ( neutralisation at 1616 instead of 1684) destroying basic feature of the pension scheme only for this group of pensioners in highly arbitrary and discriminative manner. On getting adverse legal opinion as stated in the settlement of 2005 , IBA again amended regulation no 35 restoring original position for this group of pensioners after lapse of 5 years and after causing huge financial loss to those retired between 1998 to 2002. It indicates that IBA is in habit of amending highly important provisions pension regulations in arbitrary and discriminative manner at its whims and fancies and without  following  the laid down procedure of 1970 act referred in Para 2 of IBA letter.

It may be further pointed out that on one side, IBA amended the Regulation No 35 of pension regulations in settlement dated 02.06.2005 correcting the position in respect of entitlement towards basic pension created in 2000 settlement and on another side it created fresh discrimination in the matter of dearness allowance while introducing improved DA formula under settlement dated 02.06.2005.

In view of the facts brought above, there is guanine fear among lakhs of pensioners that IBA in future  can carry out any arbitrary and discriminative amendments in the pension regulations which can seriously affect interest/ rights of pensioners adversely for its own reasoning and logic though not permissible under law.

IBA may be asked to give its response on the points raised above and we also approach you with request that necessary checks and controls are prescribed including discussion with the representatives of pensioners to prevent IBA from carrying out amendments in arbitrary manner affecting their rights rights adversely.


(c) In Para5 of the above referred letter, IBA has given DA formulas payable to pensions retired under different blocks of settlement.

In this regard, we wish to invite your attention on the submission made by us under our letter no 2017/01 dated 24.01.2017 wherein we have specifically brought out that provisions of the settlement dated 02.06.2005 is silent as how improved DA formula incorporated under clause No 7(2) of the settlement will be applicable to the pensioners.



IBA has stated in Para 5 of the letter DA rates payable to those
retired between 1.11.1997 to 31.10.2002. We do not find the above rates either in the Appendix- II of the Pension Regulations or in the Settlement dated 02.06.2005.  As pointed out in our submission dated 24.01.2017, only in the settlement dated 27.10.2010, almost after lapse of 5 years,  clause No 16(3)(i) was incorporated giving the DA rates applicable to those retired prior to 1.11.2002  with retrospective effect from 01.022005 with the aim of legalising the decision taken in arbitrary manner in respect of DA payable to the pensioners of this group.

In view of the above IBA may be asked to give their response on the point at what level the decision was not taken for non-payment of improved DA formula as per provisions of settlement dated 02.06.2005 to those retired before November 2002, what was the reason for incorporating clause 16(3) (i) in the settlement dated 27.10.2010 after lapse of 5 years and legality of decision of 2005 in respect of 100 DA.

(d) In response to Para 8 of IBA letter, your kind attention is invited on Annexure 6 submitted on 24.01.2017.

(e) In response to Para 9 of IBA letter, we would like to draw your kind attention the factual position that Indian Banks’ Association has been not only actively involved in negotiating and finalising wage settlements for employees including the pension scheme for last several years but also signing the settlements with the Unions which are binding on all parties. Further it has been issuing various communications to member banks giving direction for implementation of various provisions of the settlements. It is also seen that it has jointed various WPs/ SLPs/ Legal cases in different courts/ legal forums including CLC to defend provisions of the settlements signed.

In view of the above, IBA statement “ IBA is not employer of workmen/ officers of these banks. Thus, IBA is not a direct party to any industrial dispute including that of the case of All India Bank Retirees’ Federation even if said Federation is registered under Trade Union Act,1926” is not maintainable and has been made to escape from its accountability toward AIBRF and its membership

3. We also request you to ask IBA to give point wise reply to the various issues raised  by us in our submission No. 2017/01 dated 24.01.2017.

4. We now approach you with the request to issue necessary direction to IBA to ask member banks to pay 100 per cent DA to all those retired before November 2002 with arrears and interest at reasonable rates for delayed period.
 
            With Respectful Regards,

                                                                       Yours Sincerely,


                                                                                                                                             ( S.C.JAIN )
                                                               GENERAL SECRETARY
Unquote



Saturday, February 4, 2017

100% DA case before Supreme Court -Dismissed

 The appeal filed by A.B Kasturirangan & Others V/s Canara Bank & Others challenging the verdict of DB of Chennai High Court on 100% DA under Civil Appeal 8420-21/2013 before Hon SC has came up for hearing on 1st Feb 2017 and after argument same has been dismissed.
Court order in this regard is furnished here under here below


IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL Nos. 8420-8421 of 2013

A.B KASTHURIRANGAN & ORS ...APPELLANT(S)
VERSUS
CANARA BANK & ORS. ...RESPONDENT(S)

WITH
CIVIL APPEAL NO. 8422 OF 2013
CIVIL APPEAL NO. 8424 OF 2013
CIVIL PPEAL NOS. 3762-3764 OF 2014
O R D E R
Heard learned counsel for the parties.
We do not see any ground to interfere with the impugned order(s). The civil appeals are, accordingly, dismissed. No costs.
Pending applications, if any, shall also stand disposed of.


…...................J.
[ADARSH KUMAR GOEL]
NEW DELHI …...................J.


[PRAFULLA C. PANT]


1ST FEBRUARY, 2017

Thursday, February 2, 2017

Deaness Relief payable to pensioners from February 17 to July 17 - 14 slabs increase

There is correction in earlier post regarding DA relief payable. Since the AICPIN for IW Base 2001=100 has came down during Dec'17,the fraction of slab has also taken into account while arriving the slab and DA rate,as per IBA circular.
                          Hence there will be slight change in increase in Slabs for Bank Pensioners to 14  and as such a revised detailed chart  on DA is furnished here under for information instead of earlier one.
DEARNESS RELIEF PAYABLE TO PENSIONERS FROM FEBRUARY'17 TO JULY'17

Average Index
6315

INCREASE
Slabs
Dearness Relief to Pensioners who retired on or after 1st Day of January,1986
but before 1st Day of November,1992/ 1st July 1993.






Index

Basic Pension:



1429
Over 600
Up to 1250
1251 to 2000
2001 to 2130
Above 2130



957.43
785.95
471.57
242.93
%









Dearness Relief to Pensioners who retired on or after 1st Day of November,
1992/ 1st July 1993.












Up to 2400
2401 to 3850
3851 to 4100
Above 4100

1292
over 1148







452.2
374.68
219.64
116.28
%


Dearness Relief to Pensioners who retired on or after 1st April,1998.
Upto 3550
3551 to 5650
5651 to 6010
Above 6010

1158
Over 1684
277.92
231.6
138.96
69.48
%









Dearness Relief to Pensioners who retired on or after 1st November ,2002.



181.26
%
1007
Over 2288







Dearness Relief to Pensioners who retired on or after 1st November,2007



130.5
%
870
Over 2836







Dearness relief to Pensioners who retired on or after 1st November,2012.



46.9
%
469
Over 4440
.pm./1.02.2017











D.A calculator is available for calculating revised D.A. and difference. For calculating D.A , enter basic ( original basic without reducing commutation amount) and click on the calculate button. Revised D.A , Present D.A. and difference will be displayed on the calculator. Select appropriate retirement date range according to the date of retirement.

 
Click on the following link for  D A Calculator. 

  
D.A. Calculator