Power to amend Regulations to be exercised following due process of Law prescribed in Section 19 of Act 5 of 1970/1980. That is, the amendments must be consistent with rhe existing provisions of the Act and the Pension Regulations,1995 brought thereunder as its subordinate legislation.
Hence all such cut off dates like 01 11 2002 for 100% DA neutraluzation , and 27 11 2009 for giving effect to benefits of pension under the terms of Joint Note 27 04 2010 with effect only from 27 11 2009 irrespective of the date of retirement prior to said 27 11 2009 are arbitray, irrational,illogical, illegal attacking the guarantee of equaliry enshrined under Articles 14 and 16(1), and are derogatory of the prohibitive action defined under Article 300A of the Constitution of India, besides the said agreement/ joint notes getting null and void to the extent the terms of the contract were not in conformity with the requirements under Section 23 of the Indian Contract Act. Such illegal contracts can not derive the status of a subject matter for conciliation before the ALC under the provisions of Industrial Disputes Act 1947 too.
Let prudence prevail on the torch beares at the helm to pave the path for the Principles of Natural Justice to rein enabling the hapless bank retirees meet their logical expectations .
VOX POPULI
Satya.
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