WEDNESDAY VARIETY = JUDGEMENT with BIG SLAPS & BITES BUT GOOD GIFT AT END for retirees

In respect of RBI the GOI had permitted 100%neutralization of DA for those retired prior to 01 11 2002 with effect from 01 02 2005 as was done in the case of employees on rolls as on 01 11 2002. Kolkata Bench had upheld the same to be implemented by UBI based on Pension Agreement DT 29 10 1993.

No ambiguity either in Regulations or in primary settlement .Subsequent settlement is of no use in prescribing the cut off date for 100% DA neutralization . Even if could be prescribed  it is liable to be rescinded simultaneously with that of the permission accorded by GOI to the RBI for 100% DA neutralization.

Let the Registrar of Apex Court find this as an irrefutable ground to not to consider all the frivolous grounds on which  the UBI may rely upon to obtain a Special Leave.

VOX POPULI.

On May 24, 2017 10:49 PM, "INVES tours" <investours@yahoo.co.in> wrote:

HOWEVER FABULOUS FAVOURS BUT ULTIMATE PENALTY TO IBA/BANKS

IT IS LIKE PRICK THE HIP & CAJOLE for retirees & vice-versa for IBA/BANKS

The WEDNESDAY 29th March 2017 Judgement in GRATUITY CASE OF 1993-94 BANK RETIREES IS A BOLT FROM THE BLUE FOR BOTH BANKS & RETIREES.

While penalising the Banks to pay rs.2 lakhs to each Rtirees, the judgememnt usurped the constitutional rights under Art.14, 16 & DS NAKARA JUDGEMENT those in favour of Retirees.

The relevant points of judgement as follows:

The celebrated Constitution Bench

Judgment in D. S. Nakara Vs. Union of India, reported in

(1983) 1 SCC 305 has been cited to finally contend that

in any case, the appellants(BANKS) are not bound to pay the

arrears even if the calculation goes in favour of the

respondents(RETIREES).

a Full Bench of the High Court of

Kerala, having regard to the divergent views taken by

Division Benches of the said Court, has considered this

issue, leading to the Judgment dated 03.03.2016 in O.P.

No. 20427 of 1997 (F) along with O.P. No. 3489 of 1997

and it has been held that fixation of cut-off date for

extending the benefit of gratuity from a different date

as compared to revision of pay-scale can neither be said

to be arbitrary, discriminatory or violative of Articles

14 and 16 of the Constitution of India. 

8. Fixing of cut-off date has been a well accepted

principle and we do not find that the same needs to be

supported by any Judgment since it has been the

consistent view taken by this Court.

In the peculiar

facts of this case, having regard to the background of

the regularisation making process, we are of the view

that the cut-off date fixed by the appellants in the

regularisation was not arbitrary, unjust or unfair.

we are of the view that having regard to

the long drawn litigation for almost a quarter of

century, the issue should be given a quietus, settling

the question of law but protecting the interest of the

litigants in these cases.

However, having regard to the fact that the retired

employees before this Court have been fighting for

around quarter of a century and taking note of the fact

that they are only a few in number, we are of the view

that this is a fit case to invoke our jurisdiction under

Article 142 of the Constitution of India. We,

therefore, direct that the appellants Banks shall pay an

amount of Rs. 2,00,000/- (Rupees Two Lakhs) in full and

final settlement of all their claims including the

expenses which they have incurred for litigation for

more than two decades. The amount, as above, shall be

paid within eight weeks from today.

10. We make it clear that as far as the civil appeals

arising out of Writ Appeal Nos. 1758-1785 of 2003

(S-RES) & other connected matters are concerned, the

benefit, as above, shall be limited to those persons,

who were in the party-array before the High Court and

whose names had already been furnished to the High Court

when the writ petition(s) was/were considered by the

High Court, and a certificate from the High Court shall

be obtained for that purpose.

This Wednesday Variety is that the eight weeks time given by the Court expired  YESTERDAY but so far neither retirees claimed nor banks given the amount. awarded by the Court.

= VBV RAMESH