Saturday, December 17, 2016

Kolkata High Court, Division Bench Judgement on 100 Percent Dearness Allowance- Review Petition

Circular issued by AIBRF on the above subject is reproduced below
Ref:2016/606                                            Date:12.12.2016
The Office Bearers/Central Committee Members/ State Body
Dear Comrades,
Re: Kolkata High Court, Division Bench Judgement on 100 Percent Dearness Allowance- Review Petition

We request you to refer our circular No. 2016/601 dated
08.12.2016 advising that our affiliate and petitioner in the case, United Bank of India Retirees’ Welfare Association had moved review petition in the division bench with the request it to make some corrections/typographical errors in the judgement delivered on 26th September, 2016 in the matter of 100 percent Dearness Allowance to pre-November,2002 retirees. As advised earlier the judgement was in favour of the retirees.
2. Now we are pleased to inform you that the corrections sought by the petitioner(us) have been accepted by the bench and passed the necessary order in this regard on 05.12.2016. With these modifications, the judgement on the subject has become free from any ambiguity and strengthen hands of the retirees in its implementation. Copy of the order passed by the court on 05.12.2016 is enclosed for your ready reference.
3. Your attention is drawn on the following modifications
(a) In Para 3 of the judgement, the word Pension Regulations has been replaced with the clause 6th of the Bipartite Settlement dated 29th October, 2016. It means that clause 6 where in it is written that DA formula for pensioners will be at par with RBI formula should be implemented and DA should be paid accordingly to those retired before November 2002 irrespective of whatever written in Pension Regulations. This is very important and welcome modification.
(b) In paragraph No18, new sentence has been added giving
specific direction to the bank to comply with Regulation No
37 and pay DA to pre-2002 retirees at par with those enjoyed by the post 2002 retirees.
4. We hope now IBA/ Bank managements will take the judgement in proper sprit and implement it without any further
delay. We are taking up the matter with IBA/ Government for

Its immediate implementation.
5. We hope Unions will also take up the issue with IBA/
Government for implementation of the judgement. We seek their support in this regard. This has been the demand of UFBU and its constituents. We hope Unions will show unity and solidarity with the retirees by writing suitable letter to IBA/ Govt. in this regard.
6. We shall also raise the issue in the forthcoming meeting with RLC.
7. We congratulate Comrade Debesh Bhattacharya, General
Secretary, United Bank of India Retirees’ Welfare Association and  his team for this successful fight.
With Warm Greetings
Yours Sincerely,
( S.C.JAIN )


Click here to view original judgement by Kolkata HC
Click here to view modified order by Kolkata HC


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