( An Open appeal to Prime Minster of India and Finance Minister of India)
Subject: Illegal recovery from PF optees in PSU Banks
And
Misuse of usual delay in judicial process
I would like to draw your kind intervention in the matter of second offer of pension being given to bank employees who did not accept pension offer in 1993/95 when pension scheme was first introduced in banks in lieu of contributory provident fund.
After prolonged movement by bank employees for almost 15 years and after 30 months agitational programme, Indian banks Association (IBA) signed an agreement with United Forum of Bank Employees (UFBU) on 27th of April. Till 25th of April 2010 there was never a talk among leaders during last 15 years that there will be recovery from PF optees from their arrear if they are given second option for pension. But in the eleventh hour, union leaders who are mostly retired employees were ill motivated by IBA and it is they played a mischievous role to introduce a discriminatory clause in the agreement which enables banks to recover 2.8 times of revised salary of November 2007 from such employees who opts for pension.
Obviously those who opted for pension in 1993/95 got free option for pension whereas those who will opt for the same benefit after 15 years prolonged movement will have to purchase the same by paying Rs.50000 to more than one lac rupees. This discrimination is clearly in violation of spirit of Equality of Law granted under Indian Constitution.
Since the agreement was signed by a few say 20 union leaders on behalf of eight lac bank employees IBA got an upper hand in executing even legally invalid clause. In such position bank employees all over the country started condemning the said bipartite settlement, formed fresh unions and finally filed writs in various high courts.
On 24th June 2010 Madras High Court granted interim stay on recovery from PF optees.
But IBA and bank management in nexus with mischievous union leaders filed another writ in the same court for vacation on stay on the false but emotional plea that retired employees are on the verge of death and banks are unable to start pension payment to them because they have no fund and they not got refund from retired employees.
Court due to its busy schedule heard the petition on 10th of August 2010, considered the pain of retired employees and vacated the stay.
IBA and union leaders in particular and people of India understand it very well that once the court case is filed in any Indian court, it will take a decade or two decade in getting final judgment on any issue. In such situation banks can execute the disputed agreement.
It is open secret now that banks will not only spend lavishly on advocate to prolong the hearing , torture the fighting employees and but also try its best to weaken the fighting intensity of employees who have moved courts in the large interest of three lac retired and three lac serving employees.
Obviously bank employees for none of their fault will have to pay Rs.50000/ to more than one lac to purchase pension offer which is absolutely illegal and not reasonable from any angle of consideration. Such discriminatory recovery never occurred in any department in our country. This historic blunder is going to be committed by bank management and bank employees will become victim of faulty judicial process as everyone knows that it takes High courts and Supreme Court two to three decades in deciding any case.
I therefore make an earnest appeal to you to advise finance ministry, banking division, law ministry and IBA to bring about necessary change in the agreement or else government of India should promulgate an ordinance and make bank employees at par with Central government employees and nullify the said discriminatory agreement. In the recent past when dispute arose between IRDA and SEBI government of India with the help of ordinance nullified the effect of court case filed by IRDA against SEBI.
Alternately you can ensure expeditious judicial process by appointing special bench in Supreme Court combining writs filed at various High courts to decide the issues of writ in fixed time frame of 30 days. .
It is the most disheartening and sad story of Indian judicial system that courts are used in general and in practice not to get justice but to perpetuate reign of injustice. Courts seldom award punishment to guilty person in time but spend so much time in the process of judgment that the victim is either extinguished or the very purpose of filing a case is defeated or loses physical, mental and financial energy to such a pitiable extent that the case filed for justice is ultimately left unattended and become useless and endless. Even the veteran criminals get relief once the police files case in any court. It is very easy to prolong the judicial process as per whims and fancies of the criminal and at least till all witnesses or all plaintiffs are finished or become ineffective.
For your ready reference and to enlighten you more on the subject I submit hereunder some important points related to pension rules and subsequent agreement prevalent in banks.
1. In the Pension Regulations 1993/1995 there is no provision for collecting money from employees to make up the short-fall in pension fund. If at all any short fall is faced it should be made good by the banks themselves. Then on what basis banks are now asking employees to contribute for short fall?
2. In 7th, 8th, 9th bi-partite settlements 8.25%, 9.25%, 13% of additional cost of pension was carved out of wage load and given to banks to make-up the shortfall in pension fund. This amount belongs to both Pension Optees and PF optees, but used for paying pension to Pension Optees only. Therefore is there any logic in asking funds now from PF optees only?
3. In the Pension Regulation 1993/1995 there was a clause stating that pension will not be paid to those employees who participates in any strike. In 1999, this clause has been removed, but no fresh option is given to PF optees to join pension scheme then. Why?
4. In Railways and RBI fresh options were given to employees to join Pension Scheme several times without asking single paisa. Then why in Banks, Employees are asked to contribute towards Pension Fund?
5. If all the employees would have opted for Pension in 1996/1995 itself, how banks would have managed Pension Fund?
6. In State Bank of India three retirement benefits are being given to employees. viz. PF+Pension+Gratuity. In Public Sector Banks only two benefits are available. Even for that second benefit Employees have to pay in every wage revision settlement. Does it mean Bank Employees are not given two retirement benefit, but they are given only 1.5 benefits i.e., half of what SBI employees are getting?
7. When SBI associate banks are merged with SBI, Govt. is ready to extend Pension Benefit to those Employees of associate banks without asking anything from employees. Where from money comes to meet this additional expenditure?
8. Banks are ready to incur expenditure to the extent of 14% (10% of B.P. +D.A) towards PF for new recruits from 01.04.2010, but not ready to pay more than 10% for PF optees. Why?
9. Pension Regulation 1993/1995 provides for paying pension only on superannuation, i.e. after 60years of age only, but at the time of VRS2000 it is modified /amended to give pension to even employee of 40years. Because of this act of Banks only, Pension fund dried up. Is it not true?
10. Hence, we PF optees feel principle of natural Justice is denied to us and it is clear cut violation of fundamental Law of Equality before justice granted by Constitution of India to each citizen of India.
I am fully confident you will take all possible steps to give justice to six lac bank employees who have been badly affected by said agreement. It is worthwhile to mention here that bank management has already recovered Rs.1800 crores from serving employees who will be given second offer for pension as per said Agreement. Not only this , even trade unions participating in the said agreement has realized more than two hundred crores from bank employees as Levy or their remuneration or fee for negotiating with IBA and for signing on the said agreement.
12.08.2010
Wednesday, August 11, 2010
Tuesday, August 10, 2010
National Issues Points causing concern to all
PM is not active and effective as people of India expect from him. It may be the issue of price rise, corruption or lack of basic amenities infra structure for common men or the threat of naxalism and terrorism to common men. He talks of only GDP growth which means Garibi Development Programme. Rich people are growing richer. He gives relief of Interest to Industrialists and real estate developers but do not think it wise to care for senior citizens whose survival depends on interest income. I like to pinpoint following national issues.
State level inertness or ineffective central government or anger of God has made te situation a point of concern for all ministers in Government.
Kashmir: Curfew continues for last fifteen days due to violent agitation and uncontrollable destruction of property carried out by Kashmiri militants instigated by Pakistani terrorist. Kasmir is boiling and people are facing war like situation but PM is talking of peace since he took the charge of PM
Kolkata West Bengal: Naxalites attacks trains and local inhabitants. Mamta organised rally at Lalgarh along wit naxals and she without any hesitation is putting pressure on central government to stop Green hunt operation launched by P Chidambram Home Minister merely to disturb West Bengal Government.
Chhatishgarh : Naxals attacks frequently on CRPF jawans and kills hundreds of them in Dantewara.
Ahmadabad in Gujrat and Badmer in Rajasthan: Nature is destroying property worth hundreds of crores of rupees and giving trouble to lacs of residents and bent upon destroying property worth crores of rupees in Ahmadabad and other towns by way of flood. But action for giving relief is very low from te side of government.
Madhya Pradesh and Gujarat: IAS officers are trapped by CBI and Anti Corruption Bureau who were found to possess property worth hundreds of crores of rupees and government is not in a position to punish even IAS officers and IPS officers. There are more than 150 officers and more than 100 bank executives and a good number of PSU heads cases of corruption pending for investigation and punishment with CBI either in want of enough manpower to pursue the case expeditiously or under pressure of VIPs of government.
Bihar: CM is accused of involved in misuse of development fund worth 11000 crores. Train dacoity and misbehave with passengers have become a common feature. Frequent train accident due to negligence is a matter of concern.
Jharkhand: Madhu Koda trapped in playing with government fund involving hundred of crores of rupees. Frequent bunds called by naxal organizations have fully disturbed and paralyzed normal life in the state of Jharkhand, Orrisa, West Bengal and Andhra Pradesh.
Karnataka: Reddy brothers are accused of indulged in illegal mining causing loss of hundreds of crores of rupees to government of Andhra Pradesh.
Kerala : Church and CPM are crying against each other.
Delhi: Suresh Kalmadi playing Corrupt Wealth Game allegedly causing loss of thousands of crores of rupees to government. National pride and national image is getting tarnished in International forum. India is likely to acquire number one position among list of most corrupt nations of the world. Magnitude of corruption is in no case less than annual March Mahaloot occurring in the country in every state.
Uttar Pradesh: Food grain worth crores of rupees damaged in want of proper storage facilities to store food grain items procured by farmers.
Madras Tamilnadu: Indian Bank Association in collusion with union leaders cheated PF optees of PSU banks by signing discriminatory and illegal 9th Bipartite Settlement with union leaders of bank. Madras High court stayed the recovery from PF optees but IBA is bent upon making recovery without giving offer for pension to eligible PF optees as per settlement.
Mumbai Maharashtra: Two big ships collided in Arabian Sea and there is fear of hundreds of oil tankers drawn into see and cause loss to environment, loss of sea birds and poisoning of water. No steps appear to have been taken to stop damage.
Leh : Cloud burst kills hundreds of person and destroys property worth crores of rupees.
National Issues causing concern in India: Common men in the entire country are facing pain of unbridled and unabated price rise in all essential commodities. And government of India is finding it difficult to control the same. Mutual blame game between state government and central government continues since long and people of India are silently bearing the brunt of price rise.
Corruption in centrally sponsored programme namely NREGA has beaten all past record of corruption.
Lacs of cases are pending in various courts in India in want of enough manpower, adequate infra structure and required number of judges. Judicial reform promised by various governments during last two decades is not moving in right direction of achieving the desired success
Education reforms promised and propagated by Kapil Sibal are yet to see rays of success and there is remote possibility of getting any considerable any reformation in education system. Tuition fee charges by schools, colleges, medical colleges and engineering institutes are still beyond the rich of common men.
Quantum of Non Performing Assets in banks is growing rapidly because there is no full proof method of recovering money from willful defaulters. Bank managements therefore hide NPAs to show higher profit. This has taken the shape of incurable cancer
Indian borders are still not having watertight security and due to this infiltration of terrorists in India from across the border continues unabated. Buses going outside India or vehicles plying in border areas are prone to security lapses due to negligent attitude of customer officials entrusted with the duty of checking the passengers..
Labour laws are yet to be reformed. Discrimination in various fields continues unabated.
Adulteration in food grain items is increasing rapidly, fake drugs and medicines are in circulation, fake notes are coming in market in large quantity, accidents are increasing, crime is increasing but police is still inactive and criminal friendly.
It is pity that above mentioned problems are not taken as a problem by government. MPs and MLAs are playing Kabaddi in Parliament and state Assemblies. Various parties are indulged in mutual blame game and they focus on strategy to win the election and not to give relief to common men.
State level inertness or ineffective central government or anger of God has made te situation a point of concern for all ministers in Government.
Kashmir: Curfew continues for last fifteen days due to violent agitation and uncontrollable destruction of property carried out by Kashmiri militants instigated by Pakistani terrorist. Kasmir is boiling and people are facing war like situation but PM is talking of peace since he took the charge of PM
Kolkata West Bengal: Naxalites attacks trains and local inhabitants. Mamta organised rally at Lalgarh along wit naxals and she without any hesitation is putting pressure on central government to stop Green hunt operation launched by P Chidambram Home Minister merely to disturb West Bengal Government.
Chhatishgarh : Naxals attacks frequently on CRPF jawans and kills hundreds of them in Dantewara.
Ahmadabad in Gujrat and Badmer in Rajasthan: Nature is destroying property worth hundreds of crores of rupees and giving trouble to lacs of residents and bent upon destroying property worth crores of rupees in Ahmadabad and other towns by way of flood. But action for giving relief is very low from te side of government.
Madhya Pradesh and Gujarat: IAS officers are trapped by CBI and Anti Corruption Bureau who were found to possess property worth hundreds of crores of rupees and government is not in a position to punish even IAS officers and IPS officers. There are more than 150 officers and more than 100 bank executives and a good number of PSU heads cases of corruption pending for investigation and punishment with CBI either in want of enough manpower to pursue the case expeditiously or under pressure of VIPs of government.
Bihar: CM is accused of involved in misuse of development fund worth 11000 crores. Train dacoity and misbehave with passengers have become a common feature. Frequent train accident due to negligence is a matter of concern.
Jharkhand: Madhu Koda trapped in playing with government fund involving hundred of crores of rupees. Frequent bunds called by naxal organizations have fully disturbed and paralyzed normal life in the state of Jharkhand, Orrisa, West Bengal and Andhra Pradesh.
Karnataka: Reddy brothers are accused of indulged in illegal mining causing loss of hundreds of crores of rupees to government of Andhra Pradesh.
Kerala : Church and CPM are crying against each other.
Delhi: Suresh Kalmadi playing Corrupt Wealth Game allegedly causing loss of thousands of crores of rupees to government. National pride and national image is getting tarnished in International forum. India is likely to acquire number one position among list of most corrupt nations of the world. Magnitude of corruption is in no case less than annual March Mahaloot occurring in the country in every state.
Uttar Pradesh: Food grain worth crores of rupees damaged in want of proper storage facilities to store food grain items procured by farmers.
Madras Tamilnadu: Indian Bank Association in collusion with union leaders cheated PF optees of PSU banks by signing discriminatory and illegal 9th Bipartite Settlement with union leaders of bank. Madras High court stayed the recovery from PF optees but IBA is bent upon making recovery without giving offer for pension to eligible PF optees as per settlement.
Mumbai Maharashtra: Two big ships collided in Arabian Sea and there is fear of hundreds of oil tankers drawn into see and cause loss to environment, loss of sea birds and poisoning of water. No steps appear to have been taken to stop damage.
Leh : Cloud burst kills hundreds of person and destroys property worth crores of rupees.
National Issues causing concern in India: Common men in the entire country are facing pain of unbridled and unabated price rise in all essential commodities. And government of India is finding it difficult to control the same. Mutual blame game between state government and central government continues since long and people of India are silently bearing the brunt of price rise.
Corruption in centrally sponsored programme namely NREGA has beaten all past record of corruption.
Lacs of cases are pending in various courts in India in want of enough manpower, adequate infra structure and required number of judges. Judicial reform promised by various governments during last two decades is not moving in right direction of achieving the desired success
Education reforms promised and propagated by Kapil Sibal are yet to see rays of success and there is remote possibility of getting any considerable any reformation in education system. Tuition fee charges by schools, colleges, medical colleges and engineering institutes are still beyond the rich of common men.
Quantum of Non Performing Assets in banks is growing rapidly because there is no full proof method of recovering money from willful defaulters. Bank managements therefore hide NPAs to show higher profit. This has taken the shape of incurable cancer
Indian borders are still not having watertight security and due to this infiltration of terrorists in India from across the border continues unabated. Buses going outside India or vehicles plying in border areas are prone to security lapses due to negligent attitude of customer officials entrusted with the duty of checking the passengers..
Labour laws are yet to be reformed. Discrimination in various fields continues unabated.
Adulteration in food grain items is increasing rapidly, fake drugs and medicines are in circulation, fake notes are coming in market in large quantity, accidents are increasing, crime is increasing but police is still inactive and criminal friendly.
It is pity that above mentioned problems are not taken as a problem by government. MPs and MLAs are playing Kabaddi in Parliament and state Assemblies. Various parties are indulged in mutual blame game and they focus on strategy to win the election and not to give relief to common men.
Sunday, August 8, 2010
CMD UCO bank, Unied Bank, Central bank,OBC,IBA
I desire to place following questions before Banking Division, Ministry of Finance, Prime Minister of India, President of India and all trade Union Leaders in banks. I hope you will give due place for this appeal which will serve the purpose of lacs of bank employees.
QUESTION EVERYTHING!....SAID SOCRATES! WE THE PF OPTEES QUESTION THE PENSION SETTLEMENT!
1. In the Pension Regulations 1993/1995 there is no provision for collecting money from employees to make up the short-fall in pension fund. If at all any short fall is faced it should be made good by the banks themselves. Then on what basis banks are now asking employees to contribute for short fall?
2. In 7th, 8th, 9th bi-partite settlements 8.25%, 9.25%, 13% of additional cost of pension was carved out of wage load and given to banks to make-up the shortfall in pension fund. This amount belongs to both Pension Optees and PF optees, but used for paying pension to Pension Optees only. Therefore is there any logic in asking funds now from PF optees only?
3. In the Pension Regulation 1993/1995 there was a clause stating that pension will not be paid to those employees who participates in any strike. In 1999, this clause has been removed, but no fresh option is given to PF optees to join pension scheme then. Why?
4. In Railways and RBI fresh options were given to employees to join Pension Scheme several times without asking single paisa. Then why in Banks, Employees are asked to contribute towards Pension Fund?
5. If all the employees would have opted for Pension in 1996/1995 itself, how banks would have managed Pension Fund?
6. In State Bank of India three retirement benefits are being given to employees. viz. PF+Pension+Gratuity. In Public Sector Banks only two benefits are available. Even for that second benefit Employees have to pay in every wage revision settlement. Does it mean Bank Employees are not given two retirement benefit, but they are given only 1.5 benefits i.e., half of what SBI employees are getting?
7. When SBI associate banks are merged with SBI, Govt. is ready to extend Pension Benefit to those Employees of associate banks without asking anything from employees. Where from money comes to meet this additional expenditure?
8. Banks are ready to incur expenditure to the extent of 14% (10% of B.P. +D.A) towards PF for new recruits from 01.04.2010, but not ready to pay more than 10% for PF optees. Why?
9. Pension Regulation 1993/1995 provides for paying pension only on superannuation, i.e. after 60years of age only, but at the time of VRS2000 it is modified /amended to give pension to even employee of 40years. Because of this act of Banks only, Pension fund dried up. Is it not true?
10. Hence, we PF optees feel principle of natural Justice is denied to us and it is clear cu violation of fundamental Law of Equality before justice granted by Constitution of India to each citizen of India. We appeal to both IBA AND UNIONS to re-open the settlement and take corrective measures.
We hope BANKS AND UNIONS WILL ANSWER THESE QUESTIONS!
QUESTION EVERYTHING!....SAID SOCRATES! WE THE PF OPTEES QUESTION THE PENSION SETTLEMENT!
1. In the Pension Regulations 1993/1995 there is no provision for collecting money from employees to make up the short-fall in pension fund. If at all any short fall is faced it should be made good by the banks themselves. Then on what basis banks are now asking employees to contribute for short fall?
2. In 7th, 8th, 9th bi-partite settlements 8.25%, 9.25%, 13% of additional cost of pension was carved out of wage load and given to banks to make-up the shortfall in pension fund. This amount belongs to both Pension Optees and PF optees, but used for paying pension to Pension Optees only. Therefore is there any logic in asking funds now from PF optees only?
3. In the Pension Regulation 1993/1995 there was a clause stating that pension will not be paid to those employees who participates in any strike. In 1999, this clause has been removed, but no fresh option is given to PF optees to join pension scheme then. Why?
4. In Railways and RBI fresh options were given to employees to join Pension Scheme several times without asking single paisa. Then why in Banks, Employees are asked to contribute towards Pension Fund?
5. If all the employees would have opted for Pension in 1996/1995 itself, how banks would have managed Pension Fund?
6. In State Bank of India three retirement benefits are being given to employees. viz. PF+Pension+Gratuity. In Public Sector Banks only two benefits are available. Even for that second benefit Employees have to pay in every wage revision settlement. Does it mean Bank Employees are not given two retirement benefit, but they are given only 1.5 benefits i.e., half of what SBI employees are getting?
7. When SBI associate banks are merged with SBI, Govt. is ready to extend Pension Benefit to those Employees of associate banks without asking anything from employees. Where from money comes to meet this additional expenditure?
8. Banks are ready to incur expenditure to the extent of 14% (10% of B.P. +D.A) towards PF for new recruits from 01.04.2010, but not ready to pay more than 10% for PF optees. Why?
9. Pension Regulation 1993/1995 provides for paying pension only on superannuation, i.e. after 60years of age only, but at the time of VRS2000 it is modified /amended to give pension to even employee of 40years. Because of this act of Banks only, Pension fund dried up. Is it not true?
10. Hence, we PF optees feel principle of natural Justice is denied to us and it is clear cu violation of fundamental Law of Equality before justice granted by Constitution of India to each citizen of India. We appeal to both IBA AND UNIONS to re-open the settlement and take corrective measures.
We hope BANKS AND UNIONS WILL ANSWER THESE QUESTIONS!
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