AIBEA CC Decision , AIBRF CRS & VRS Employees SC JUDGEMENT

ALL INDIA BANK EMPLOYEES' ASSOCIATION

                             Central Office:  “PRABHAT NIVAS”    Regn.  No.2037

                                      Singapore Plaza, 164, Linghi Chetty Street, Chennai-600001

                                       Phone: 2535 1522, 6543 1566    Fax: 4500 2191, 2535 8853

                                         e mail ~ chv.aibea@gmail.com & aibeahq@gmail.com   

 

 

CIRCULAR LETTER NO. 27/111/2015/7                         25^th January, 2015

 

TO ALL OFFICE BEARERS, STATE FEDERATIONS AND

ALL INDIA BANKWISE ORGANISATIONS

 

Dear Comrades,

 

• AIBEA CC calls for cautious but decisive approach to clinch 10^th Bipartite wage revision settlement

 

An emergent meeting of the Central Committee of AIBEA was held at Mumbai on 10^th January, 2015 to take stock of the developments relating to the on-going negotiations for 10^th Bipartite Settlement.  A detailed reporting was made about the developments in the negotiations since our CC/GC meeting held at Kolkata in August, 2014. 

 

The meeting observed that not only was  there no improvement in the offer of IBA but rather a new offensive had been unleashed by seeking a revised mandate from all the Banks, ostensibly in an attempt to foist Khandelwal Committee recommendations of differentiated wage increase in different Banks based on their profits and profitability. The meeting endorsed the decision of the Negotiation Committee that this should be viewed more seriously than even the wage revision itself.   The meeting also endorsed the suggestions made in the UFBU meeting that all-out effort should be made to thwart this blatant attempt to dismantle uniform wage revision for all the Banks. 

 

Viewed from this perspective, the CC appreciated the stand taken by AIBEA and
UFBU in deferring the strike action in the light of the positive developments both with regard to improvement in the offer of IBA as well as the assurance made by IBA that the mandate issue would not be allowed to be precipitated by the Banks and would resolve the same amicably. 

 

The CC noted that while the present offer of 12.5 % amounted to Rs. 3940 crores towards Payslip components ( as against Rs. 2980 crores achieved in the 9^th BPS ), the same is far from adequate and hence there has to be substantial improvement in the offer of IBA before we could clinch the deal. 

 

There are also other important demands of the employees as well demands pertaining to pension related issues which need to be sorted out. Hence the Central Committee while taking note of the above developments and the IBA’s fixing up meetings of the Sub-Committee to discuss these issues observed that the negotiations have been brought on track and have to be taken forward through further discussions. 

 

Hence the CC decided that we have to move cautiously, but act decisively so that no derailment takes place in the negotiations.

 

 

 

Meetings of the Sub-Committee:  As scheduled, IBA so far held 3 meetings of the Sub-Committee, one on the issues of the officers ( on 14-1-2015) , another on the revised medical reimbursement scheme (19-1-2015) and the third on the demands of the workmen employees ( 19-1-2015) . 

 

Revised Medical Reimbursement Scheme:  In the meeting on reimbursement of medical expenses,  it has been agreed to introduce a revised scheme by which employees would get full reimbursement of the medical expenses incurred by them without the existing ceilings, sub-limits and other restrictions which result in employees going out of pocket. The Scheme would incorporate and consist of various improvements also.

 

Discussions on service conditions of workmen employees:  In the Sub-Committee meeting held on 19-1-2015, participated by all the 5 workmen unions, all the demands of workmen unions as raised in the common Charter of Demands were taken up for discussion.  There was detailed discussions on issues pertaining to leave benefits of the employees and certain improvements have been agreed upon by IBA.

 

Next meeting of Sub-Committee on 30-1-2015:  Another round of Sub-Committee meeting on the demands of the workmen employees has been fixed to be held on 30-1-2015 wherein in other demands will be taken up for discussion.

 

Next round of negotiations on 3-2-2015:  IBA has also informed that the next round of negotiations with UFBU will be held on 3-2-2015 when the issues relating to wage increase will be taken up for discussions.

 

We are entering the crucial zone – beware of false propaganda:  Comrades, while the negotiations have been put on popper track, from now on, the negotiations would be very crucial. While all endeavours would be made by the Negotiating Committee to proceed on the lines of the decisions of our CC meeting to achieve our demands for a fair and adequate wage revision and improvement in other service conditions, it is important that we are fully backed up by total unity of our rank and file membership.  Our units and members should also be alert and prepared for any programmes that may be warranted to meet any eventual hurdle in the way of realising our demands.  Nothing should be taken for granted at this statge.

 

Already the market is flooded with rumours, misinformation, false propaganda, canard against leadership – all deliberately targeted against AIBEA.   Social media is also being used to denigrate AIBEA  and we have located the elements behind the same.  But we shall not allow our attention to be diverted to replying to all these engineered and orchestrated attempts.  While our units and members should be guarded against the same, such mischievous attempts should be befittingly answered with our dogged unity and unflinching faith on our organisation.

 

With greetings,

Yours Comradely,

 

C.H. VENKATACHALAM

2) Ref: 2015/006                                                   Date: 23.01.2015

 

 

  The Chairman

  Indian Bank Association ( IBA )

  Mumbai

 

  Sir, Re: DENIAL OF PENSION OPTION TO THE COMPULSORY

              RETIRED EMPLOYEES AS SETTLEMENT OF 2010

                Re: SUPREME COURT DECISION

We wish to invite your attention on  our letter no 2014/ 109 dated 11.09.14 requesting you to extent one more pension option to the compulsory  retired employees as per the provisions of the settlement of 2010 in view of the Supreme Court decision in SLP no 35389/2013 and 35449/2013 dismissing appeal of Andhra Bank Management against the order of Andhra Pradesh High Court.

2. Despite strong merit in the judgement of the Supreme Court. Andhra Bank Management as compulsive litigant attitude filed review petition no 2889 & 2994/2014 against the order. We understand that the Supreme Court has now dismissed  review petition of Andhra Bank management vide order dated 15.01.2015.

3. While delivering the judgement by the Supreme Court  on SLP of the bank management, the court has  given the ruling that as per the provisions of the pension regulations adopted by member banks in terms of settlement of 1993 “ Retirement “ term also include “ Compulsory Retirement “ for the purpose of eligibility. One more pension option offered to the employees who were in service prior to 25.09.1995 and retired after and prior to the 27.04.2010 as per the Settlement dated  27.04.2010 also include compulsory retired employees covered under the above period.

 

4. In view of the above position, the Supreme Court has ruled that it was erroneous on the part of IBA and the member banks managements to issue administrative instruction to exclude  compulsory retired employees from pension options in terms of settlement of 2010.

5. We once again request you to issue the necessary instruction to the member banks to give pension option to the eligible compulsory retired employees  in terms of provisions of the settlement  of 2010 in view of final order of the Supreme Court immediately without further delay and unnecessarily dragging the retirees in to further litigation and correspondence.

6. At this stage we would like IBA authorities to introspect their present approach and attitude towards retirees, retiree organisations, their representatives and retiree movement. Retiree movement in the banking industry is taking big momentum and it is becoming strong force. Further it will grow leap and bound in the coming years. IBA as model organisation of bank employers should accept this ground reality and immediately review their existing HR policies towards retirees.. We hope to have better relationship with IBA and IBA attitude towards retirees and retirees issues in the on going settlement will be true testimony and will determine future course of action.

 With Regards,  Yours Sincerely, ( S.C. JAIN ), GENERAL SECRETARY

C.C to Shri Praveen Rawal, Director, DFS Government of India

          New Delhi

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3) Ref:  AIBRF 2015/007                                                   Date: 26.01.2015

 The Chairman

  Indian Bank Association ( IBA )

  Mumbai

 Sir,

        Re: Benefit of notional service to voluntary retired

              Employees under special VRS who completed more

              than 19 and half years service

        Re: Supreme Court Decision

As you are aware that while implementing Supreme Court judgement in the case of Bank of India V/s Mohandas and Others on the advice of IBA , banks wrongly denied the benefit of notional service in terms of pension regulations no 29  to those completed more than nineteen and half years but less than 20 years service taking very strict , narrow and technical interpretation of the judgment  without connecting it (judgement) logically with the relevant provisions of the pension regulations.

2. In view of this position taken by banks on this issue, the matter  again landed  in the Supreme Court in Civil Appeal No.172/ 2010 ( State Bank of Patiala v/s Pritam Singh Bedi & others ) wherein the Court has delivered the judgement confirming the decision of Punjab and Haryana High Court and directing the bank to extent benefit of notional service to those voluntary retired employees who completed more than nineteen and half years service too. Further, now Supreme Court has dismissed review petition filed  by State Bank of Patiala vide its order dated 3.12.2014 and the judgement has become final.

3. Considering the above developments , it is our humble request to you to advice member banks to implement Supreme  Court judgement in the case of State Bank of Patiala v/s Pritam Singh Bedi & Others extending the benefits to all affected pensioners immediately without dragging further the retirees in unnecessary litigation which  is very unfortunate phenomena noticed in this matter where some bank managements like Allahabad Bank ,Vijaya Bank had unsuccessfully dragged the retirees in litigation ignoring the advice of IBA/ Government and provisions of National Litigation Policy.

With  Regards, Yours Sincerely,( S.C.JAIN), GENERAL SECETARY

C.C. to Shri Praveen Rawal, Director ( DFS ) New Delhi

   With the request to ask IBA to implement the decision.

 

R.B.KISHORE,ED(Retd),LICVP,AIRIEF,044-2815 5810/098403 40591