DETAILS OF THE INTERIM STAY ORDER OF MADRAS HIGH COURT IN BANK PENSION ISSUE.

CANARA BANK WORKERS’ UNION(Regd.)
Anand Plaza,  Anand Rao Circle, Bangalore-560 009

Phone : 22260185/22266469  email: workersunion@gmail.com

 Circular No.  4/2010                                                                            
   Dated: 30 Jun 2010

Friends,
Ever
since the news about our obtaining an interim stay at the Hon’ble Madras  High Court was flashed through the internet on 23.06.2010, we have been receiving hundreds of calls from  various parts of the country requesting them to provide additional  details.   

Simultaneously, a vicious propaganda was unleashed through  SMS in the Tamil Nadu region that the stay is applicable only for our  members and not for others.  Those who had no idea about the details of  our affidavit were spreading another rumour that by obtaining a stay  order we have stopped all chances of getting any option for pension.  In  many other parts of the country,  another sms campaign was going on that  obtention of an interim stay is nothing but a false propaganda and there  was no such stay.  Many AIBEA leaders were quoting the internet and  telling their members that no such case is available in the web site of  Madras High Court.  

On the  contrary, congratulatory messages were  pouring in thousands from bank employees  from various parts of the  country, especially from U. P., which has taken a lead in organizing  their protest over this settlement from day one.

First let  us make one thing clear.  Our writ petition was filed only to quash the  Clause 32 of the 9^th bipartite settlement and that of Clause 1 of the pension  settlement, in so far as the said clauses require the PF optees t o contribute2.8  times the Nov 2007 revised pay if they want to opt for the pension  scheme.  We had also further prayed to direct the respondents to  strictly adhere to Clause 3 of the minutes of discussions held on  27.11.2009 between the IBA and the unions with regard to sharing the  additional cost of pension.

Ever  since the signing of the settlement, the UFBU has never come out with  reasons in their sudden change of stand from  the earlier agreed terms of  1.6 times (as per the minutes of discussion  on 27.11.2009) the revised pay from all the employees to putting the  entire load on the PF optees.  Now we have made all the signatory unions  of the settlement, besides the IBA  as respondents  in our writ  petition.  The real face of all these unions will now become public when  they file their counter to our writ petition  in the HighCourt.

The  earlier orders of the court was  received by us late in the evening of 25.06.2010 and on perusing the  verbatim orders, we observed some error in our representation.  Our  advocates moved the   necessary motion before the Hon’ble High Court to  set right those errors at the earliest opportunity viz., on 28.06.2010.   The Hon’ble Court was pleased to permit the same and accordingly our  case was listed on 29.06.2010 as an adjourned admission case.

During  the course of the hearing on 29.06.2010, the advocates for AIBEA and IBA  were present  and they objected to the continuation of the stay and  wanted the same  to be vacated..  The Hon’ble Judge  turned down their  objections and advised them to file their counter, now that they have
taken note of our writ petition.   The Hon’ble Judge also ruled in the  open court that he will issue amended orders as prayed for by us. Now  the  case has been posted for next hearing on  06.07.2010.

Friends,  we now want all of you to be clear about one thing.  The interim stay  is  only on the operation of Clause 32 of the 9^th   bipartite Settlement & Clause 1 of the pension settlement, only in so  far as the said clause require the PF optees  to contribute 2.8 times  of  Nov 2007 pay to become members of the Pension Fund.  It is not  limited just to our members alone, but applicable for all the bank  employees who are affected by the said settlement.  We have neither  obtained any stay on the settlement  nor have we interfered in any  manner with the payment of arrears.

Our  entire writ petition can be viewed in the internet at  AllBankingSolutions.com and also at Bankers-Sangharsh.com,  both of whom   have been doing a commendable job of  empowering the bank employees by  bringing out  the latest happenings in the industry. (Click  here to view the entire writ petition )

It has  also been brought to our knowledge that another sms campaign is going  around advising the bank employees not to pay any money or donation for  fighting court cases.  To day, we can proudly inform everybody that Canara Bank  Workers’ Union has not collected a single paisa from anybody for this
court case expense nor do we intend collecting any donation or levy from  any source.  All our expenses are met through our own resources only.   Let it be  remembered that this union was nurtured by  the late Shri  Devidas Pai, our former General Secretary, a towering personality who was well known for his impeccable financial integrity and high moral standards.

With Greetings,

Fraternally yours,

(Balasubramanya Pai)

GENERAL SECRETARY

Source : allbankingsolutions.com