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Thursday, 29 July 2021

My analysis of Pension updation in Banks and our case in SC

The only  notable event  in the bank pensioners' quest for securing upgradation so far is that the meeting between the IBA and the representatives of the employees' unions did take place on 22 ndJuly as scheduled.But,what has come out of it ?.... Dialogue will continue.
Two effective platforms viz the 'chronicle' and the Kolkata WA group have been carrying non stop flashing of circulars of interested unions for bank employees on what happened at the meeting.As a result , reactions galore have started flowing from LIC Pensioners and their leaders in particular.To me this situation seems to be a bit ,out of place if not uncalled-for.However one good fall out is that our LIC pensioner friends appear to now believe that we cannot achieve anything unless something happens to Bank Pensioners.Therefore it is gratifying personally for me that my long-standing and  firm view has  gained acceptance.

 The details of the 22/7 talks as circulated till now clearly indicates that the govt is still to evolve any positive plans either for upradation or improvements on FP!! Even amongst the Bank Pensioners a good section of them are apparently not happy with the inconclusive talks that have taken place. There has been no publication of the messages from bankers  organisations who were not parties to the discussions on 22/7.I therefore consider it worthwhile sharing  the following  information I have from such quarters.
1) The All India Retired Bank Employees Association had filled a writ as far back in 2002 ( WP 6907/2002) in the Delhi HC seeking in effect Updation of peƱsion  and recgnition for them to  participate in the periodical discussions with IBA. The DHC dismissed it on 30/3/2012 ie after 10 years ! The assn. filed SLP in the SC which was converted into civil appeal ( CA 6254/2012) .The supreme Court allowed the Appeal on 13/2/2018.As the govt/banks did not implement the SC order the assn.sent a notice dated on 18/6/2021 for contempt of court .It is claimed by the pettitioners that only their contempt notice activated the govt/IBA to fix the date 22/7/2021 for talks.The said association is also critical of the manner in which the Pensioners' issues were presented at the talks.
2) Another body viz Forum of Bank pensioner Activists from Prayagraj have also in their recent circular have deplored that in the 22/7 meeting the focus on the burning issues of upgradation and FP was diluted by the participating unions talking about other issues.
3) A dedicated group of SBI retirees (GOP) who have been pursuing litigation on vital issues on their own in Delhi HC also expressed their disappointment.
While notwithstanding the inter Union stand offs and the multiciplity of Assocciations in the banking sector ,it is Certain that some day  or the other the govt will come out with some definite offers to be impleted in the coming months.Till then it will be prudent for us ( LIC pensioners ) to be at peace but concentrate on how our pending case should be steered in the meantime when it gets listed on or about 10/8/2021.

It would appear that some seriousness has set in with the bench hearing our case for disposing off the same.In view of the prevailing scenario in regard to bank pensioners as discussed above the urgent need for our adopting a good strategy in the larger interests of Pensioners cannot be
 Over emphasised. A total rejection of the case or a confusing verdict as we had from Delhi HC in 2017 will certainly retard the progress in the exercises being carried on in the banking sector.It will therefore be wise to delay a finality in our case at this particular juncture as a non favourable finding contrary to our legal experts' optimistic ideas on the strength of our case ,will definitely jeopardize the chances of not only the bank  pensioners but we shall also face the consequential effects on us.My suggestion therefore is that we should not oppose any move by any quarters for some further adjournment and if possible work for a delaying the hearing for a couple of months.After all we have already waited too long.

What I have said above arises out of my experience for nearly three decades as a practicing lawyer .I leave it to our leaders to take it or leave it.
Wishing all the best to the Pensioners
- GN Sridharan


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