UNION BANK RETIRED EMPLOYEES' ASSOCIATION
(Registered under Trade Union Act,, 1926 : Registration No.G-6201)
Shri S.C.Jain,
General Secretary,
All India Bank Retirees' Federation,
Camp : Ahmedabad.
Sir
Invoking ID Act for 100% DA neutralization matter
When we met at Indore in the recent Central Committee, Shri C.N.Prasad, General Secretary, State Bank of Mysore Pensioners' Commune had a brief informal talk with me. As we know, he has a very good academic legal knowledge. He opines that those who retired from workmen cadres may first write to their respective Banks and then file their applications in the Labor Courts of their area in the above referred matter by drawing analogy from the Bank Employees' Pension Agreement, 1993 that our DA will be on the line of pensioners of RBI.
We may request Shri Prasad to prepare and send to you an appropriate 'Note' on the subject as well as drafts of Representation to the management and Petition to the Labor Courts. You may then circulate the same among affiliates of AIBRF advising to proceed accordingly. This will certainly create a very big pressure on all the Banks to settle the issue early. It will be an inexpensive legal process. Engaging lawyer may not be necessary. Hence our affiliates will certainly follow it for their retired clerical and sub staff members.
I recollect that when large number of employees had retired under special VRS Scheme during the year 2001, payments of Gratuity were delayed - paid after several months by most of the Banks. Delay in payment of Gratuity beyond 30 days attracts interest. Our Association had purchased several Books on the subject : Payment of Gratuity Act, 1972 and had confirmed the fact.
We had then advised our members in Gujarat to file applications to the Assistant Labor Commissioner (Central) (ALC) for interest on delayed gratuity. The cases before the ALC were fought by the Office Bearers of our Association. Retirees of several other Banks had then followed us. The legal battles had continued in Gujarat for about two years. All the awards had come in favor of the employees. Consequently our Bank had paid Rs.2,55,00,000/- (Rupees Two Crore Fifty Five Lacs) and the Banking Industry as a whole had paid about Rs.50,00,00,000/- (Rupees Fifty Crores) according to a policy decision taken by IBA out of compulsion !!!
Similar actions were taken by our Association by filing recovery applications under Section 33 (C)(1) of the ID Act for paying full pension till commutation was paid. Simultaneously Shri Srinivasan, GS of our Kerala State Federation had written a letter to IBA. Resultantly, retirees of our Bank had got difference of pension aggregating about Rs.1,50,00,000/- (Rupees One Crore Fifty Lacs) and as per subsequent circular issued by IBA the banking industry as a whole had paid about Rs.30,00,00,000/- (Rupees Thirty Crores) to the then retirees. Then IBA was compelled to issue a circular to make it a practice to grant full pension if commutation is delayed.
I am writing you about these historical legal battles for which our Association had earned lot of praise and credit during those years.
With due regards,
Yours sincerely,
(B.G.Raithatha),
General Secretary
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