by Rajesh Goyal
allbankingsolutions.com/Wage-Revision/2nd-Pension-Option-Denial/UBI-Madras-HC-Judgment-Pension-CR-bankers.htm
In one of the latest judgments in the
case of
D.Kalaichelvan (Petitioner) vs. U
nion
Bank of India (
Respondents),
Madras High Court has once again slapped the top management of Union Bank of
India and IBA
for
framing policies in contravention of the Pension Regulations 1995, which are
statutory in nature.
This is a blot on the HR policies of banks which are mainly guided by the
misinformed IBA top brass, who take anti-employee stand just to please their
bosses, so that they can enjoy the luxurious life even after retirement at the
age of 60 years, from the banking service.
In the past also we have exposed the anti-employee attitude of IBA on number of
occasions
where they have given wrong suggestions to Banks and asked the top management to
drag the cases upto Supreme Court, though they were well aware that their
arguments are faulty and will not stand the scrutiny of the Courts. Their
attitude has been to drag the senior citizens to the extent where number of them
die during their fights in the Courts.
The worst part of this whole fight is the attitude of the leaders of UFBU
,
who have never supported the senior citizens who have meager resources to fight
their cases in the Courts. Rather UFBU leaders have indirectly supported the
bank management and IBA in such cases
.
Recently, one of the ex-AIBOC official has gone to Court against the GoI’s
decision to appoint MDs by an open competition from private and public sector
officials. Why he never bothered about the fate of the retired bankers who
are running from pillar to post to get 2nd Pension Option and for 100% DA
neutralization.
There is strong perception among the bankers that this ex-AIBOC official had filed PIL for motivated personal issues. Lot of people would have come to support him even in this fight, if he had ever fought for bankers after the last BPS. Now, everybody is treating the PIL by him to be only motivated to get a foothold as he has been uprooted by another set of leaders in PNB.
For last 5 years, no UFBU leader has filed or fought any Court case on the obnoxious clauses introduced by IBA in its circular of 2nd Pension option.
Inspite of all the Court judgments favouring
the retired bankers, neither UFBU leaders nor IBA top brass has felt ashamed
for doing injustice to senior citizen
.
Coming
back to
the
present
case,
the
Court in
its
verdict
has
concluded
and
directed
the Bank
the
following:-
“Consequently direct the respondent to grant pension to the petitioner in terms
of Union Bank of India (Employees) Pension Regulation, 1995 from 27.11.2009
along with arrears and interest @ 18% p.a.
”
I was stunned to read the above para as the judgment clearly shows how the Court
was anguished with the stand of the Bank (which is based on the overall policy
directions given by IBA) in denying PENSION. This is clear from allowing the
petitioner the pension from 27.11.2009 (that is with retrospective effect) and
pay him the interest at the rate of 18% p.a.
I have rarely seen the
judgements where Court penalies the banks to pay interest @ 18%. This is a
kind of penal interest and seems to have been granted as Court must have been
very angry with the attitude of Bank / IBA policies, which they frame keeping in
mind their own whims and fancies.
Who knows still IBA / Union Bank may go to Supreme Court to satisfy their
personal egos and teaching a lesson to half dead senior citizens.
In an article in March 2015, under the heading “
UFBU
Leaders Needs to Discuss Matters Relating to Retirees With Retired Banker
Groups”, I have clearly mentioned as follows:-
“The above demands (i.e. demand of 2nd pension option to left over bankers,
100% DA neutralization) are absolutely genuine and has legal sanctity and needs
to be implemented without fail. If UFBU sticks to its guns, there is no
reason that IBA will not agree for these two demands.
Thus,
with minimal efforts, UFBU can take credit for getting the above two demands met
by IBA.
In case IBA refuses to concede any of these demands, UFBU
should clearly mention that it reserves it right to go to Court on behalf of the
retirees as it perceives that denial of these two demands is illegal”.
However, neither IBA nor UFBU
leaders seems to be interested to help the pensioners
.
Now only Courts have come to the rescue of retired bankers, and now they will
have no moral ground even to take credit even if the same are agreed by IBA
.
Remember, now
UFBU has not only to fight 2nd pension option for leftover with retrospective
effect i.e. November 2009, but also with an interest at the rate of 18% on
arrears
.
If UFBU agrees with less
than this, it will be violative of the Court guidelines and is a open treachery
with the retired left over bankers.
Now UFBU has no authority to enter into an agreement that abrogates these rights
of the left over pensioners. If IBA insists on any lower rate of interest,
UFBU must make it clear that it has the right to go to Court and will not be
binding by the agreement to this extent. I think, IBA and Banks must share this
additional burden for the harassment they have forced on the poor retired
bankers, some of whom must have already died in the hope that they will get
pension.
For those people who are interested to know exactly the reasons for allowing
this retrospective pension to compulsory retired bankers
,
I am giving below the quotes from the judgment, which are of great importance
:-
“Union Bank of India
issued circular no.5690 dated 27 August 2010. The Circular has to be read in the
light of the Pension Regulations, 1995. The circular is only for the purpose of
giving another option to join the scheme. The pension scheme remained the same
viz., is none other than Union Bank of India (Employees) Pension Regulations,
1995, which provides for compulsory retirement pension.
Even though Clause 7 of
the circular restricted the benefits of those who retired voluntarily in terms
of regulation 19, the fact remains that pension regulation has not been amended
correspondingly. Therefore, as on today, there is a valid regulation providing
for pension to the compulsory retirees.
In case the Bank is of
the view that pension should be restricted to those who have retired
voluntarily, they should make corresponding amendment to the pension
regulations.
The
Pension Regulations, 1995, is statutory in nature.
The circular was issued only pursuant to the said regulation.
The
circular cannot override the provisions of the regulations
.
It was only to give one more option to the employees, the circular was issued.
The circular cannot therefore restrict the benefits of option to a set of
employees notwithstanding existence of the regulation which provides for pension
even to compulsorily retired employees.
The petitioner is entitled to certain service benefits on account of his
compulsory retirement.
In fact, in the earlier round of litigation, this Court made it very clear that
the petitioner should not lose benefits which accrued to him for the service
rendered by him, till the date of compulsory retirement.
Such being the case, the Bank was not correct in incorporating Clause 7 for the
purpose of denying benefits to compulsorily retired employees. I am therefore of
the view that Clause 7 should be quashed insofar as it restricts option to join
the pension scheme by compulsorily retired employees”.
Are UFBU
leaders
now
listening
the
voice of
retired
bankers
?
They
must
ensure
that IBA
now
gives
the due
share to
retired
bankers.
P.S :
We are
grateful
to Mr R
K Pathak
from
Pune,
who
keeps us
updated
on this
issue.
He has
informed
that
with
a view
to foil
the
attempt
of Union
Bank of
India of
filing
WA
against
the said
order
before
Division
Bench
Madras
High
Court,
he had
through
Mr.
B.G.Raithatha,
General
Secretary
of Union
Bank
Retired
Employees
Association
and
there
counter
part in
Tamilnadu
& Mr.
T.Vinayak
established
the
contact
with Petitioner and
advised
to file
Caveat
before
the
Division
Bench of
Madras
High
Court, before
Bank
files WA
and
pleads
for stay
to the
order
dated
01/04/2015.
[reproduced from "www.allbankingsolutions.com"]
