Monday, April 11, 2016

Appeal to Resignees / Resignee / Retiree Groups

An appeal made by Shri R.K.Pathak, Hon. Secretary RBEWA is reproduced below.
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Dear Friends,
There have been different groups of resigned and retired bank and insurance employees spearheading the fight of pension to resigned employees in the banking and insurance sector.

Resigned Bank Employees Welfare Association (RBEWA) has been the biggest such groups with about 650 resignee members fighting for pension. About 450 employees have filed a writ petition before the Delhi High Court in representative capacity which is admitted but pending for adjudication and about 150 individual WPs are filed in the High Court of Karnataka which too are admitted which are sponsored, supervised and guided by RBEWA.

Today, there is a special and urgent occasion for all the resignee groups and the associations sponsoring the legal fights of the resignees to come together and concentrate their strength, energy / resources and fight at this moment. The reason being, the matter of right of resigned employees to pension has now been referred by a bench of the Honourble Supreme Court to a larger Bench, vide an order dated 26/11/2015 while deciding the matter of Sr. Divisional Manager LIC Vs. Meena.
We have pursued to attach an SLP of a resigned bank employee of Andhra Bank to the said reference to the larger Bench. Many other such SLPs will be attached to this reference to larger bench by managements as well as the employees fighting for pension. The managements such as IBA are keen to unsettle the law and obtain decision of the larger bench in their favour and deprive person to resignees.

In view of the said reference, the Supreme Court is expected to decide the matter of right of resigned employees to pension in entirety – Insurance as well as Banking Sector and we hope and expect that the Apex Court will go in to the real issues of eligibility having regard to the equal or rather more services being rendered by us, the resignees, in comparison with the VRS and the Special VRS employees and render justice to us. Thus, the fate of all resignees, be it of insurance employees or of the bank employees, the matter will be once for all decided by the larger bench of the Supreme Court and all subsequent cases that is the cases of all of us will be decided in line with the principles laid down by the said bench.
In the light of the above reference before the larger Bench, we have been suggested by the legal experts that we should spend more energy and resources in pleading issues of resignees before the Larger Bench since the decision of the larger Bench will prevail upon all future decisions; be they before the Supreme Court or the High Courts. While we the resignees will not get the opportunity to plead before the larger bench always/again and again, the LIC, the IBA and the banks are going to spend huge money in terms drafting powerful and costly lawyers to present their cases (any way their lawyer’s fees will be borne by the government owned institutions, not from their pockets). At the same time it is not expected and possible that Meena the resigned employee of LIC in the above referred case being an individual employee, would reciprocate with equally strong lawyers. The legal view therefore is that we should present the bank and insurance resignee cases before the larger bench with equal force, if not more.
Hiring a senior and powerful lawyer would obviously require more resources. Given this circumstances, it would be desirable that all resignee groups and other retirerees association sponsoring resignees cases come together and sponsor a very senior and highly effective lawyer to fight our cases before the larger bench.
With the above one time/life time opportunity in mind, we appeal all the groups to come together or to contribute financially so as to generate funds with a view to appoint a better or may be an additional but a very senior lawyers to present our cases.
It is therefore appealed to all members to have a meeting of all groups of resignees and the retired (who have sponsored resignees cases in different courts) to decide and take a call as to how we all come together and fight back with the bank and insurance managements. It is practically impossible and of no use to fight our individual and groups cases separately either in the High Courts or in the Supreme Court since all such cases will now be decided in line with the principles to be laid down by the larger bench of the Supreme Court. Therefore there is no point in concentrating our individual or the group’s cases outside and paralally to the cases referred to the larger bench.
I am located in Pune. However, we can meet at a common place like Mumbai, Pune, Delhi, Hyderabad, Chennai or Bangalore and decide our strategy to fight for and take this one time opportunity to our benefits as this opportunity will never come again at least during our life time.
Awaiting your ideas and responses positively for pursuing our cause.
Our mission is pension to all employees who have served the qualifying service in banks and insurance companies.

With Fighting Greetings

For Resigned Bank Employee’ Welfare Association,

Ratnakar Pathak
Honourary Secretary
Cell No 9373053695
Email id rbewa2010@gmail.com
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4 comments:

  1. my cousin resigned in 1986 after 26 years service on account of c circumstances. will he also be eligible for pension?

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  2. It is very good move and all the respective bank resignees should come together and fight the battle under one flag.

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  3. Good move on behalf of resigned employees. Wish them good luck.

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  4. Shri Pathak - Thanks for taking the fight for pension to the next level.While the Resignees and CRS employees with qualifying years of service are denied pension, the bank pensioners are denied a lot their legitimate benefits like anamolies in family pension, pension updation and other issues. So the timing is right to forge great alliances, work collectively to face the onslaught of IBA and banks in SC.

    Wishing all the best to Resignee/retiree associations in their struggle against injustice.

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