AIBOC takes up matter of resignees with IBA in light of recent Supreme Court Judgement

Recently Honorable Supreme court has delivered a  landmark judgement  regarding  eligibility of pension  for  officers of New India Assurance Company Ltd  who had resigned after completing pensionable service. In this regard AIBOC has taken up matter with IBA . Click on the link below to view the circular. 

AIBOC Circular

Pension for Resignees - Supreme Court Says YES

In a recent judgement of Supreme Court in the matter of Sheelkumar Jain  Versus The New India Assurance Co. Ltd. & Ors.  ( Civil Appeal No.6013 of 2011 arising out of SLP No.(C) 3777 of 2007)  held that Resignees are eligible for pension & directed respondent to consider the claim within three months of Judgement . Judgement dated 28/07/2011.

The Supreme Court also referred case of Union of India & Ors. v. Lt. Col. P.S. Bhargava wherein noted that " Once an officer has to his credit the minimum period of qualifying service, he earns a right to get pension and as the Regulations stand that right to get pension can be taken only if an order is passed under Regulations 3 or 16."

The  aforesaid  authorities  would  show  that  the  Court will have to construe the statutory provisions in each case to find out whether the termination of service of an employee was a termination by way of resignation or a termination by way of voluntary  retirement   and   while   construing   the   statutory provisions, the Court will have to keep in mind the purposes of the statutory provisions.    The general purpose of the Pension Scheme, 1995, read as a whole, is to grant pensionary benefits to   employees,  who   had   rendered   service   in   the   Insurance Companies   and   had   retired   after   putting   in   the  qualifying service in the Insurance Companies.  Clauses 22 and 30 of the Pension Scheme, 1995 cannot be so construed as to deprive of an employee of an Insurance Company, such as the appellant, who had put in the qualifying service for pension and who had voluntarily given up his service after serving 90 days notice in accordance   with   sub-clause   (1)   of   Clause   5   of   the   Scheme, 1976   and   after   his   notice   was   accepted   by  the   appointing authority.

In this matter RESIGNED BANK EMPLOYEES WELFARE ASSOCIATION ( Registered Body) has filed writ petition in Delhi High Court & notices have been served on 31 respondent. At present RBEWA has more than 270 Resignee members from 31 Banks spread all over India.

The "RBEWA"s founder member Advocate Pathak R K ( Resignee from Dena Bank) has taken lead since December 2009 & interested / affected bank employees can contact him on 09373053695 or email id rbef2010@gmail.com to strengthen his fight for justice.

Pensioners Participation - 5th August Bank strike.

Serving bank unions gesture to include the vital demands of Pensioners, such as updation of Pension,100% DA neutralisation for pre 2002 retirees etc among other things for the strike call ,evoked a  good response from pensioners from various parts of the country in  participating in demonstrations and dharnas conducted  at important  centers with support of bank unions as per available reports in media

              If MOF/IBA takes these reports in its right spirit a positive dialogue with serving unions should take place in coming days.from our experience same cannot take place immediately.As we find,the last minute efforts of Finance  Secretary and Chairman IBA  with union,was only for withdrawal of strike and not for a meaningful dialogue.
               AIBOC vide their Cir. No. 78 dt 5th Aug, has acknowledged the involvememnt of Pensioners, in the actions programmes related to strike as follows:- 

"We also wish to place on record here that a huge number of
representatives from the Pensioners’ Associations participated in the demonstrations and extended their moral support to the cause of the United Forum of Bank Unions. These veterans of our movement have assured to extend their fraternal support to all our future
struggles."

            The United Forum of Bank Unions is meeting on 10th August 2011 at  Bangalore to chalk out our future course of action.

Source - P. Mohan - Chennai

              Bankpensioner google group member

Bank strike on 5h August 2011

As per the call given by   UFBU  bank workmen and officers comprising about ten lakhs , from  all banks  will be  going  ahead with the nationwide bank strike on  5th August  after failure of two rounds of conciliation talks with the Chief Labour Commissioner, Union Labour Ministry GOI,. held on  1st Aug and 3rd Aug. in the presence of representatives of the Indian Banks Association (IBA) in Delhi, and UFBU Convener C H Venkatachalam

Out of 21 demands made by unions,in notice for strike call, major demands are against the policy decisions of central Govt’s move towards privatization of PSBs, dilution of Govt;s equity,merger of associate banks with SBI, foreign capital,and outsourcing etc apart from recruitment to other service conditions of serving employees.
   As far as pensioners are concerned, the welcome move is  inclusion  of  the vital demands of pensioners as furnished hereunder  found place in the demands for the strike call.

Improve Pension Scheme in banking sector on the lines of Central  Government Scheme –
1)  Updation of Pension along with wage revision of in service   employees,
2)  Uniform D.A. neutralization,
3)  Improvement in commutation,
4)  Family Pension,
5)  Ex-Gratia of pre – 1986 retirees, etc.

As per reports,momentum has  already been  gained in good number of centres,where Dharnas and mass demonstrations were conducted by Retirees along with  serving  employees  by extending  all support to fight against the policies of Govt and management.

Every bank pensioner should   extend all support and move ahead  to continue the fight for   justice.