ALL
INDIA BANK OFFICERS' ASSOCIATION
ALL INDIA BANK OFFICERS' ASSOCIATION
Circular Letter No. 15/V/2010
August 25, 2010
To:
ALL UNITS / STATE
COMMITTEES
Comrades,
VRS OPTEES IN BANKS DENIED PENSION
BY IBA
DISOWNING BANK MANAGEMENTS BOARD
DECISION
Once the implementation of one more option was cleared by vacation of stay
order of Madras High Court, IBA has circulated the pension scheme to all
banks.
However acting on a reference by one Bank, IBA has advised Banks to withdraw
circular issued [by United Bank of India] in respect of pension under VRS.
These instructions as well as omission of optees under VRS scheme in Banks
as per OSR denying pension to such optees is at variance with UFBU
discussions on the matter.
As
such we have drawn the attention of IBA to the non-inclusion of VRS optees
for option in Banks as not tenable and urged upon them to include those
optees also for eligibility. IBA has informed us that they would discuss
the matter in their Managing Committee.
We
are proceeding to take steps to file court case in case our efforts fail to
secure option to VRS optees in Banks. Canara Bank management has already
decided not to permit pension option to such officers retired on VRS. In
view of the fact Canara Bank VRS optees are readily available and have
already taken steps in this regard we have entrusted the work to All India
Canara Bank Retirees’ Federation and Canara Bank Officers’ Union who are
co-ordinating the matter under the guidance of our legal counsel.
We call upon our
Units / State Committees to inform all VRS optees and advise them to remit
Rs.5000/-= favouring Canara Bank Officers’ Union drawn on Chennai towards
expenses for litigation in High Court and Supreme Court. After filing court
cases and meeting expenses, the balance shall be remitted back to the VRS
optees who remit the amount.
The drafts may be taken favouring Canara Bank Officers’ Union [Regd.] as
they have engaged legal counsel M/s C.R.Chandrasekaran and Senior Counsel
Shri A.L.Somayajee to argue our case in High Court and Supreme Court.
As a prelude to
undertake legal action, we call upon all our
VRS retirees to submit their option letters in the prescribed format given
by the respective Banks by Regd.Post / Speed Post with acknowledgement due
and keep copy of the same in your files. Upon
rejection of option by the Bank other course of action will follow.
We
call upon all VRS optees to join collectively to fight unjust denial of
option to them defeating the sanctity of individual Bank management and
their Boards which have extended the same.
We
furnish herewith copy of our letter No.IBA:BKS:78:2010 dated 16.08.2010
addressed to IBA.
We
also enclose the profile format to be filled up
and return to us with demand draft for
necessary action.
With Greetings
/R.J.SRIDHARAN/
GENERAL SECRETARY
OUR LETTER
NO. IBA:BKS:78:2010 DATED 16.08.2010 ADDRESSED TO
THE
CHAIRMAN, INDIAN BANKS’ ASSOCIATION, MUMBAI
Dear Sir,
VRS UNDER OFFICERS’
SERVICE REGULATIONS
We
are dismayed to note from your communication
No.CIR/HR&IR/G2/665/90/2010-11/999 dated 10.08.2010 addressed to member
banks excluding coverage of one more option for pension in respect of
Officer Employees who were PF optees and who had left on Voluntary
Retirement as per the Scheme formulated by the respective Board of Directors
of the Banks in terms of Officers’ Service Regulations and in view of their
separate scheme of Voluntary Retirement in the Bank.
Prior to introduction of Pension Scheme in 1995, we understand that apart
from Canara Bank, other banks like Syndicate Bank, Central Bank of India,
Bank of India Bank of Baroda etc., in all about 13 banks, provided for
Voluntary Retirement Scheme for Officer Employees who were PF Optees in
accordance with the provisions contained in the Service Regulations. In some
banks, the only exit route for non-pension optees before superannuation is
Resignation.
In this regard,
for instance, we invite your kind reference to Provision 19 (1) of
Canara
Bank (Officers’)
Service Regulations 1979:
“The Bank may at, at its discretion, on a
review by the Special committee/Special Committees, as provided hereinafter,
in Sub Regulation (2) retire, if it is in the interest of the Bank/in Public
interest to retire an officer employee at any time after completion of 55
years of age, or at any time, after completion of 30 years of service as
officer employee, whichever is earlier". Further proviso to the Regulation
reads as under:
"provided also that
nothing in this Regulation shall be ‘deemed to preclude’
an officer employee from retiring ‘earlier’ pursuant to the option exercised by him in accordance with the rules of the Bank"
an officer employee from retiring ‘earlier’ pursuant to the option exercised by him in accordance with the rules of the Bank"
This salutary principle as contained in the proviso to the main regulation
conferring power on the bank to compulsorily retire an officer employee in
public interest, also conferring a corresponding right on the employee to
retire voluntarily from bank’s service has been ignored by the IBA, while
clarifying on eligibility for one more pension option to this category of
employees who voluntarily retired in terms of the Bank’s Scheme. You will
please appreciate that this principle of corresponding right to retire has
been upheld by the Supreme Court.
Hence nothing in the Officers’ Service Regulations precludes an officer
employee from "Retiring Voluntarily before superannuation", "pursuant to the
option exercised by him", "in accordance with the rules of the Bank" framed
with the approval of the Board of Directors. As such, it is the duty of
respective Banks to ensure that such PF retirees also are made eligible to
exercise one more option for Pension.
The above anomaly needs to be removed and we request you to advise the
member banks suitably in this matter paving the way for smooth
implementation of Joint Note on Pension signed on 27.04.2010 so as to render
justice to this segment of officer employees who exited from Bank’s service
with the permission of the Banks in terms of a Scheme formulated by their
respective Board of Directors, complying with the stipulated terms and
conditions in the Scheme.
We
may particularly add here that Officers who have opted for VRS under
Officers’ Service Regulations till 27-04-2010, the date of Joint Note have
been extended the benefit of pension while retiring from the service of the
Bank and as such any denial of pension option to such voluntarily retired
officers will be discriminatory and untenable in terms of law.
We
look forward to your positive response expeditiously in this matter and
thanking you,
Yours sincerely,
/sd./ R.J.SRIDHARAN
GENERAL SECRETARY
Copy to:
1.Dr.Ramakrishna,
C.E.O., IBA, Mumbai.
2.Sri K.Unnikrishnan,
Deputy Chief Executive, IBA, Mumbai.
3.Sri M.Venugopalan,
Personnel Advisor, IBA, Mumbai.
4.Sri A.K.Nahar, General
Manager, Personnel Wing, Canara Bank, H.O., Bangalore.
PROFILE OF WRIT
PETITIONER (VR – OSR)
01
|
Name & Staff Number:
|
|
02
|
Designation at the time of
retirement:
|
|
03
|
Last Branch Worked:
|
|
04
|
Date of Birth or Age:
|
|
05
|
Father’s Name
|
|
06
|
Date of Joining Bank’s Service:
|
|
07
|
Date of Retirement:
|
|
08
|
Number of Years of Actual
Service:
|
|
09
|
Latest Address for communication:
|
|
10
|
Permanent Address:
|
|
11
|
Cell No:
Landline No:
|
|
12
|
E-Mail Id:
|
|
13
|
VR Application date:
|
|
14
|
Ref No. of Letter conveying
acceptance of VR under OSR
|
|
15
|
Relieving Order Ref No.
|
|
16
|
Remarks, if any,
|
I hereby consent to be a party to the proposed legal
action which will be pursued by AIBOA for common cause relating to getting
pension option for Officers retired voluntarily under Voluntary Retirement
Scheme as per Officers’ Service Regulations, 1979 and further request them
to get the writ petition filed in the Madras High Court for achieving this
common cause.
DATE:
SIGNATURE OF RETIRED OFFICER
Circular No.21/V/2010
August 24, 2010
To:
ALL UNITS / STATE
COMMITTEES
Comrades,
CENTRAL
TRADE UNIONS STRIKE ON 07.09.2010
AIBOA TO EXTEND
SOLIDARITY SUPPORT TO THE STRUGGLE
The July 15, 2010 convention of Central Trade Unions
held at New Delhi decided to launch a national agitation against unabated
price rise, disinvestment of PSUs, dismantling of labour laws, and for
recruitment and greater thrust for funding Unorganized Sector Relief and
decided to culminate the agitation in a one day national strike on 7.9.2010.
The issue of Bank unions supporting the programmes and
participating in the strike was discussed in the UFBU meeting on
26.07.2010. While AIBEA and INBOC informed that they are a party to the
convention and decision of strike, from AIBOA it was pointed out that UFBU
should have a common approach to the strike so that all unions will be
enabled to participate in the programme. To our specific request to AIBOC
to consider joining the strike as the Number one organization of officers in
terms of numbers, AIBOA as a second largest union finds it difficult to
participate in such strike when AIBOC takes a different position, then [AIBOC]
informed that their Executive Committee will discuss the matter, the UFBU
instead of persuading all the unions, including AIBOC to join the strike on
07.09.2010 merely decided that respective unions would decide.
Subsequently INBOC has also informed us that they will
not participate in the strike.
In this background AIBOA Office Bearers meeting took
place at Delhi on 22.08.2010 and discussed the entire situation. In the
wake of the given situation when AIBOA has a membership of only about 45000
including PSBs and Private Banks the industry has always witnessed the
strange attitude of AIBOC committing anti privatization slogans and staying
away from strike and UFBU also adopts a stoic silence over such negative
tactics by constituent units during such strikes AIBOA felt that with the
present UFBU structure and many sided compromises to suit some units, our
members should not be exposed to poaching by other organizations who opt out
when it came to strike on National issues. Our number at present is a fact
of life and improving it depends on our right tactics including meeting the
deceitful policies pursued by any organization.
Hence AIBOA with a view to still explore the
possibility of a total strike approached the Office Bearers of Nationalized
Bank Officers Forum who are also principal leaders of AIBOC Com.Sircar and
Com.Khera as Com.Shetty was not available for a possible united action since
they were expressing that they were for joining the strike. However they
wanted a day’s time for consultations and today morning ie; 24.08.2010
Com.Sircar informed us that there is no unanimity in his forum even though
many units wanted to go on strike, some are not for it.
Comrades! AIBOA in regard to the above developments decided to extend
solidarity support to Central Trade Unions struggles and to participate in
all programmes except the strike on 7.9.2010 which we are unable to
participate because of inability of UFBU to persuade all unions to join the
strike leaving it to respective unions.
Comrades!
Participate in all preparatory programmes of the CTOs at every place
/Town/District HQ /State Capital and make it a success. On 7th
September 2010 when workmen may be on strike in Banks extend all solidarity
and support and desist from doing clerical work.
Support the National Strike on 07.09.2010 and make it a success.
With
greetings
/R.J.SRIDHARAN/
GENERAL SECRETARY
Source - All India bank officers association
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