Monday, September 6, 2010
Important Questions
Abducted policemen released. Is it a victory for anyone?
All police person kidnapped by Maoists have been released. It is good news indeed. It is relief for family of abducted police men. It is relief for Government. But it should not be treated as victory of CM Mr. Nitish or any mediator. It should only be taken as a lesson to learn, both for state and central government. It is not too late even now that all political parties come together and jointly plan strategy to fight and finish naxals from the root. Talking with those who do not believe in rule of law is nothing but ridiculous and self deceptive.
Advising naxals to contest election is useful or simply a joke?
Members of Parliament or those of state assemblies are growing richer but the poor and innocent voters are growing poorer year after year. Pain of common men is seldom taken into consideration by these elected members. As such it will be great foolishness to say that taking part in election or winning a seat by naxals will solve the real problem. So far as naxals are concerned they are least bothered of Indians, Indian rules and Indian Constitution and hence advising them to contest election is also filled with danger.
Rahul’s rally in Bihar?
People of Bihar in particular and Indians in general are worried of police person kidnapped and made hostage by naxalites. But Rahul Gandhi is making efforts through rally in Bihar to gain political advantage out of this crisis as traditionally and consistently congress party has been trying to gain advantage on Kandhar episode. Congress party forgets 1984 Sikh Riot, Godhra incidents but cannot forget to trap Narendra Modi for fake encounter or post Godhra riot in Gujarat. Even media do not hesitate in supporting Congress party in this exercise even if it divides the society and cause threat to national unity and integrity.
Why Non –BJP parties hate Narendra Modi?
Congress party is accused of killing Sikhs in larger number in 1984.It cannot blame Narendra Modi. Anyway the main reason for the hate against Narendra Modi is that ruling politicians at centre want to weaken BJP by hook or by crook and media support it to a great extent. Modi is strong men who cannot be swayed by pseudo secularist. Fate of not only BJP but also that of the country depends on person like Modi and not like Mammohan Singh who being an greatest economist of India could not do anything better than what Modi, a simple but effective and devoted person could do for Gujarat.
Should cricket game be banned?
In my opinion Pakistan should now ban cricket and save loss on energy on game like cricket. Cricketers are accumulating wealth at the cost of national image. Cricketers are playing with sentiments of fans of cricket and viewers of cricket match. India should also learn lesson from what is going on in all types of game, IPL or CWG or 20-20 or normal test matches.
Strike Today?
All India strike call has been given by some trade unions on 7th of September 2010. Pioneer among them re communists led parties and trade union wings. Communists are almost out of power. There is no scope of power in future in West Bengal or Kerala. Tripura government may continue for some time. In such position strike is the only weapon in their hand to keep their workers active and loyal to the party.
Communists have spoiled labour culture and forced many private or public sector companies to close the business to get rid of dadagiri of communists at various places. Left parties were in power indirectly with UPA at centre from 2004 to 2009 but their work was either to criticize UPA or put hurdle in the path of decision making process initiated by UPA on any critical issue. As such the strike of today will have no moral support from any common man or bank employee or trader.
No doubt issues raised are very much genuine and cause of concern for common men. Price rise has hurt the common men most in last two years .Privatization and globalization without taking care of poor and middle class people has only helped rich in growing richer and also in widening the gap between the poor and the rich. Social injustice has increased and hence social peace is disturbed. GDP growth is said to be consistent or increasing year after year but the so called growth is confined for a few percentage say less than 5% population of the country.
7th September 2010
Dkjain49709@rediffmail.com
Wednesday, August 11, 2010
Misuse of Court
( 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
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
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!
Friday, July 16, 2010
Prime Minister, Finance Minister, President of India all are silent
How many Banks have obeyed the stay order of Madras High Court and not recovered 2.8 times of November 2007 salary from PF optees?
How many banks have not yet started paying arrears as per 9th BPS.?
How many banks have issued pension offer till date and if not why have they recovered from PF optees? Already three months are likely to complete after the date of settlement. Why bank is so slow on the issue of pension offer and so fast on the matter of recovery and similarly why union leaders are so anxious on recovery of levy of Rs.3000/ from their members and not worried for delay in offer of pension? Union leaders are getting farewell gift of five lacs or ten lacs on their retirement from Union Fund. Is this the way to use hard earned contribution made to Unions and Associations by poorly paid bank employees?
Days are not far when union leaders will distribute accumulated union levy amounting to hundreds of crores of rupees among themselves and ask for separate fee if they fight for any aggrieved employee. Are union leaders not more dangerous than our management bosses? I say this because union leaders have threatened to expel officer from their association if they do not pay union levy of Rs.3000/ on account of so called successful historic agreement. Management never dared to issue dismissal threatening to officer employee if they fail to obey any instruction of boss.
Why are employees keeping mum on illegitimate recovery and bent upon getting arrear at the earliest even if it is discriminatory? Why are they afraid of even lodging their protest before accepting arrear payment?
Bank management has signed a historic victory agreement when they have vertically divided the employees in two segments and created an unbridgeable split in banking unity and created dilution in their intensity to fight against the reign of injustice perpetuated by management.
And Bank union leaders on the contrary has committed a historic blunder by signing a discriminatory and divisive agreement on 27.04.2010 for some or the other vested interest and clearly betrayed the cause of unity for which they used to struggle under the banner of communist parties.
At least pension optees are now in support of the agreement. It hardly matters to most of them how loudly PF optees cries and weeps though in the past they all always used to be on the same platform and UFBU was also formed for the same purpose. Banking unity was an example in the community of labour class or working class.
Banks are not in the grip of flatterers. Those who are yes-men are getting timely promotion and getting best posting and in this way a team of flatterers are generated by bank management who blindly support of all action of the management right or wrong. Even union leaders do not fight against such lollipop like promotions and transfers because they say that ultimately their members are getting promotions and cream posting or choice posting though the same may be at the cost of others genuine right. At least veteran union leaders are enjoying posting in Metros and capital towns, they need not perform bank’s job, they may do their side business, they may take share from dirty dealings in credit decision or contract offers corruption and they may get sweet request from corrupt officers for reduction of punishment and so on. Lastly they may get huge gifts from top branch managers, big bribe earners, big customers and last but not the least huge money from union fund on their retirement and on attending an inquiry from Union Fund. Similarly union leaders now plead that the said agreement is good in the light of social security though they know and understand from the core of their heart that recovery from PF optees is not justified from any angle of consideration.
This is called divide and rule policy. Intelligent, talented, experienced, valued and visionary leaders of bank management who occupy the important seats of core committee of IBM as also that of United Forum of Bank Unions are very well aware and they all realize from the core of their heart that injustice has occurred with PF optees, retirees and those who have resigned. They all know very well that courts cannot deliver justice in decades and decades and this is why they are least bothered of courts also. They have gained sufficient experience by giving undue promotions to even charge sheeted officers and by rejecting even good officers. In every circular enlisting name of officers getting promotion they used to mention “subject to court decisions on various writs going on in various courts”
In the same way IBA is bent upon making recovery from PF optees subject to court decisions. But at the same time God knows whether they will issue pension offer or not. Reason for not issuing pension offer, bank will say they are waiting decision from courts. It is not surprising at least for me that even so called union leaders are also keeping mum on this matter for which they feel proud and say that the agreement is historic.
Bank Unity Zindabad?
How many banks have not yet started paying arrears as per 9th BPS.?
How many banks have issued pension offer till date and if not why have they recovered from PF optees? Already three months are likely to complete after the date of settlement. Why bank is so slow on the issue of pension offer and so fast on the matter of recovery and similarly why union leaders are so anxious on recovery of levy of Rs.3000/ from their members and not worried for delay in offer of pension? Union leaders are getting farewell gift of five lacs or ten lacs on their retirement from Union Fund. Is this the way to use hard earned contribution made to Unions and Associations by poorly paid bank employees?
Days are not far when union leaders will distribute accumulated union levy amounting to hundreds of crores of rupees among themselves and ask for separate fee if they fight for any aggrieved employee. Are union leaders not more dangerous than our management bosses? I say this because union leaders have threatened to expel officer from their association if they do not pay union levy of Rs.3000/ on account of so called successful historic agreement. Management never dared to issue dismissal threatening to officer employee if they fail to obey any instruction of boss.
Why are employees keeping mum on illegitimate recovery and bent upon getting arrear at the earliest even if it is discriminatory? Why are they afraid of even lodging their protest before accepting arrear payment?
Bank management has signed a historic victory agreement when they have vertically divided the employees in two segments and created an unbridgeable split in banking unity and created dilution in their intensity to fight against the reign of injustice perpetuated by management.
And Bank union leaders on the contrary has committed a historic blunder by signing a discriminatory and divisive agreement on 27.04.2010 for some or the other vested interest and clearly betrayed the cause of unity for which they used to struggle under the banner of communist parties.
At least pension optees are now in support of the agreement. It hardly matters to most of them how loudly PF optees cries and weeps though in the past they all always used to be on the same platform and UFBU was also formed for the same purpose. Banking unity was an example in the community of labour class or working class.
Banks are not in the grip of flatterers. Those who are yes-men are getting timely promotion and getting best posting and in this way a team of flatterers are generated by bank management who blindly support of all action of the management right or wrong. Even union leaders do not fight against such lollipop like promotions and transfers because they say that ultimately their members are getting promotions and cream posting or choice posting though the same may be at the cost of others genuine right. At least veteran union leaders are enjoying posting in Metros and capital towns, they need not perform bank’s job, they may do their side business, they may take share from dirty dealings in credit decision or contract offers corruption and they may get sweet request from corrupt officers for reduction of punishment and so on. Lastly they may get huge gifts from top branch managers, big bribe earners, big customers and last but not the least huge money from union fund on their retirement and on attending an inquiry from Union Fund. Similarly union leaders now plead that the said agreement is good in the light of social security though they know and understand from the core of their heart that recovery from PF optees is not justified from any angle of consideration.
This is called divide and rule policy. Intelligent, talented, experienced, valued and visionary leaders of bank management who occupy the important seats of core committee of IBM as also that of United Forum of Bank Unions are very well aware and they all realize from the core of their heart that injustice has occurred with PF optees, retirees and those who have resigned. They all know very well that courts cannot deliver justice in decades and decades and this is why they are least bothered of courts also. They have gained sufficient experience by giving undue promotions to even charge sheeted officers and by rejecting even good officers. In every circular enlisting name of officers getting promotion they used to mention “subject to court decisions on various writs going on in various courts”
In the same way IBA is bent upon making recovery from PF optees subject to court decisions. But at the same time God knows whether they will issue pension offer or not. Reason for not issuing pension offer, bank will say they are waiting decision from courts. It is not surprising at least for me that even so called union leaders are also keeping mum on this matter for which they feel proud and say that the agreement is historic.
Bank Unity Zindabad?
Wednesday, July 7, 2010
IBA adopts Divide and Rule Policy to control Bank employees
This refers to 9th bipartite settlement signed by Banks and Trade union leaders of bank employees on 27th April 2010 which contains a lot of divisive and discriminatory clauses. Writs have been filed in various high courts against the said settlement and Madras High Court has even granted interim stay on illegal and unjustified recovery from PF opteees who have been given a second chance to switch over to pension optees segment of employees in the said agreement. Contesting defendants in the court called as AIBEA or AIBOC have filed an affidavit that they represent majority of employees and tried to justify the disputed clause on this plea.
Are AIBEA or AIBOC representing 90% of employees entitled to introduce any whimsical clause in Bipartite Settlement, frame any whimsical policy or sign any illegal agreement even if it violates the existing book of laws, spirit of the Constitution, fundamental right of equality before law?
It appears to me as if majority of employees have empowered union leaders to do whatever suits to them. This is why they are negotiating with the management on posting, transfer of their friends, relatives, and flatterers, reducing punishment of their corrupt colleagues and similarly recommending promotion of officers through members of Interview panel. Union leaders are godfather of 90% of employees and hence they are blackmailing with the management on waiver of big loans and taking their share in the cake. They are all in all for majority of employees and hence they have shut their eyes on manipulation carried out by the management in balance sheets, turned their blind eyes on shortage of manpower in branches, whimsical transfers of a good number of good officers to remote places , prevailing corrupt practices in loans and advances, rampant corruption in contractual works undertaken by banks to open branches, ATMs or in renovation work, transfer of employees, promotion of employees and so on..........................
But court do not consider this fact whether a union represents 90 % of employee or 9% of employees. Even if one person is cheated by bank management, court is not supposed to accept the logic of Trade Union leaders only because they represent majority of employees. Indian courts are not guided by heard of sheep. Courts decide the matter on the merit of the issue and not on the number of persons supporting the issue. Court test the issue from the angle of existing laws and not on he basis of momentum of crown backing the issue.
Late Indira Gandhi changed the basic structure of Indian Constitution in perhaps 1976 when her own vested interest was defeated by her opponent Raj Narayan and when she thought that her post of Prime Minister was at risk. She imposed emergency and promoted all types of excesses through her flatterers. Even bachelors were forced to pass through family planning operation. No doubt Indira Gandhi perpetuated her reign of injustice for a year or two because she was in power and a team of flatterers was backing her.
But the anger of victim people aggravated and turned into a movement against her. With the support of leadership of Jai Prakash Narayan she was removed, she was defeated in the election, she had to face huge humiliation and at a later date even the Apex court set aside the 42nd amendment.
Similarly reign of injustice will prevail in banking industry as long as our protectors are corrupt and the so called trade union leaders in disguise of saviors are working in nexus with top officials of management for their self interest. Reign of injustice is continuing uninterrupted only because it takes two or three decades in getting judgment from Indian courts. Whimsical transfers and arbitrary promotions are taking place year after year only because top officials know that the victim cannot go to court for justice in fear of high cost and repercussion from the bank management.
But they should keep in mind that days are not far when three lac employees called as PF optees who are the greatest sufferer of the said Bipartite Settlement will turn the tide against the management and the so called leaders of Tread unions too.
Rules are made for justice and they cannot be violated by a crowd of miscreants only because they represent majority of residents in the locality. A group of flatterers cannot be allowed to hijack the laws of land only because they are in power or they represent majority of employees.
Last but not the least, It will not be exaggeration to say that this team of flatterers will not only break the heart of true workers in the banking industry but will also badly affect the health of bank, intrinsic value of the bank, demotivate the work force and what not.......
Team of flatterers has committed a historic blunder in the said Bipartite Settlement and they will never be excused by any law abiding person. Divisive and discriminatory approach of such flatterers will be exposed sooner or later.
………………..Keep patience. I am very much confident that voice of inner conscience will prevail upon the madness and devilous egoism currently in the minds of union leaders and top CEOs of top banks.
Are AIBEA or AIBOC representing 90% of employees entitled to introduce any whimsical clause in Bipartite Settlement, frame any whimsical policy or sign any illegal agreement even if it violates the existing book of laws, spirit of the Constitution, fundamental right of equality before law?
It appears to me as if majority of employees have empowered union leaders to do whatever suits to them. This is why they are negotiating with the management on posting, transfer of their friends, relatives, and flatterers, reducing punishment of their corrupt colleagues and similarly recommending promotion of officers through members of Interview panel. Union leaders are godfather of 90% of employees and hence they are blackmailing with the management on waiver of big loans and taking their share in the cake. They are all in all for majority of employees and hence they have shut their eyes on manipulation carried out by the management in balance sheets, turned their blind eyes on shortage of manpower in branches, whimsical transfers of a good number of good officers to remote places , prevailing corrupt practices in loans and advances, rampant corruption in contractual works undertaken by banks to open branches, ATMs or in renovation work, transfer of employees, promotion of employees and so on..........................
But court do not consider this fact whether a union represents 90 % of employee or 9% of employees. Even if one person is cheated by bank management, court is not supposed to accept the logic of Trade Union leaders only because they represent majority of employees. Indian courts are not guided by heard of sheep. Courts decide the matter on the merit of the issue and not on the number of persons supporting the issue. Court test the issue from the angle of existing laws and not on he basis of momentum of crown backing the issue.
Late Indira Gandhi changed the basic structure of Indian Constitution in perhaps 1976 when her own vested interest was defeated by her opponent Raj Narayan and when she thought that her post of Prime Minister was at risk. She imposed emergency and promoted all types of excesses through her flatterers. Even bachelors were forced to pass through family planning operation. No doubt Indira Gandhi perpetuated her reign of injustice for a year or two because she was in power and a team of flatterers was backing her.
But the anger of victim people aggravated and turned into a movement against her. With the support of leadership of Jai Prakash Narayan she was removed, she was defeated in the election, she had to face huge humiliation and at a later date even the Apex court set aside the 42nd amendment.
Similarly reign of injustice will prevail in banking industry as long as our protectors are corrupt and the so called trade union leaders in disguise of saviors are working in nexus with top officials of management for their self interest. Reign of injustice is continuing uninterrupted only because it takes two or three decades in getting judgment from Indian courts. Whimsical transfers and arbitrary promotions are taking place year after year only because top officials know that the victim cannot go to court for justice in fear of high cost and repercussion from the bank management.
But they should keep in mind that days are not far when three lac employees called as PF optees who are the greatest sufferer of the said Bipartite Settlement will turn the tide against the management and the so called leaders of Tread unions too.
Rules are made for justice and they cannot be violated by a crowd of miscreants only because they represent majority of residents in the locality. A group of flatterers cannot be allowed to hijack the laws of land only because they are in power or they represent majority of employees.
Last but not the least, It will not be exaggeration to say that this team of flatterers will not only break the heart of true workers in the banking industry but will also badly affect the health of bank, intrinsic value of the bank, demotivate the work force and what not.......
Team of flatterers has committed a historic blunder in the said Bipartite Settlement and they will never be excused by any law abiding person. Divisive and discriminatory approach of such flatterers will be exposed sooner or later.
………………..Keep patience. I am very much confident that voice of inner conscience will prevail upon the madness and devilous egoism currently in the minds of union leaders and top CEOs of top banks.
Saturday, July 3, 2010
Manmohan Singh
"Asli Chehra" - TRUE FACE OF BANK UNIONS
Immediately after the settlement, most of the unions patted their back for the so called "historic settlement". Slowly as they started facing volley of questions from the members, they came out with various theories to justify their action, which included the so called legal opinion and IBA's stiff attitude which forced them to agree to recovery from only PF optees to the tune of 2.8 times of the November 2007 pay. An impression was being created by them as if they were not in favour the same till 26th April, 2010, but somehow they were cornered so much that they had to agree to the terms set by IBA. If that would have been the case, then they would not now oppose the petition pending in Madras High Court. That shows the double standards.
But soon the bankers will be able to see the "Asli Chehra" (i.e. True Face) of these union leaders. These union leaders will now not be able to beat around the bush and befool the members by shedding crocodile tears. They have to take a stand in the Madras High Court, as to whether they are in favour of payment by all employees / officers @ 1.6 times or they favour 2.8 times only from PF optees. Some of these unions have already been exposed. Let us see what does the market reports say as at the end of June, 2010.
It is reported that during the course of hearing of the case at Madras High Court, while opposing the interim stay granted by Madras High Court, advocates of IBA, and AIBEA and NCBE, requested for vacation of the stay. AIBEA and NCBE were represented by one of the top most firm namely M/s Aiyar & Dolia and wanted vacation of the interim stay on recovery of 2.8 times only from PF optees to be vacated. So the stands of these two unions are very clear now. They will be using the members’ funds (including PF optees) for payment to the law firms and fighting case against them. However, the Hon’ble Judge advised them to file their counter affidavits and Ordered continuation of the Stay Order. Next hearing has been fixed for 6th July 2010.
Vide circular No. 98 dated 29th June, 2010. AIBOC has declared "We are in constant touch with the IBA and the Convenor of UFBU, to initiate appropriate steps to vacate the stay, at the earliest, to enable IBA to issue necessary instructions to member Banks on the Pension offer". Thus, AIBOC is also likely to oppose the move and appears to be in favour of payment by only PF optees".
(Remember, the stay is not against the Pension offer or issuing circular by IBA, it is only against immediate recovery of 2.8 times of pay of November, 2007 from PF optees. )
The stand of other unions will also be clear within a week, as court in its orders says ""Notice to respondents returnable by 06.07.2010. There shall be an interim order of stay". (all major unions are respondents in this case). The reports indicate that NOBW may support the petition filed by Canara Bank Workers Unions. Similarly, BEFI may not oppose the petition of Canara Bank Workers union. The protest by INBEF has already been incorporated in the affidavit filed in the Court.
If the above reports are true, then 29th June 2010 would be regarded as a sad day in the history of trade union movement of Banking Industry. Souls of great leaders like Parawana Ji would be feeling really sad and dejected.
Till now they have been propagating that they have been forced by the circumstances and situation to accept contributory pension scheme in banking industry. They are giving so many logics and have been pleading as to why they could not make IBA agree to the Pension Scheme in its original form of 1993. We are unable to find any logical reason from Unions wherein it joined hands with the union of the Management i.e. IBA to defeat the efforts of bank employees.
Duniya ke Mazdooron ek ho - Duniya ke mehanatkashon ek ho ka naara laagene waale aaj majdooron ke khilaf hi Court main jaa pahunche.
TESTING TIME IS NOT FAR WAY NOW. NOW THESE UNION LEADERS WILL NOT BE ABLE TO SAY THAT IBA DID NOT LET THEM SUFFICIENT TIME AND CORNERED THEM SO SUCH THAT THEY SIGNED THE SETTLEMENT ON 27TH APRIL, 2010. THEY HAVE SUFFICIENT TIME OF OVER A WEEK TO DECIDE WHETHER THEY WANT TO PROTECT THE INTERESTS OF PF OPTEES OR WANT TO DO WHAT IBA IS SAYING.
It has also been reported that some Banks have issued strict instructions for payment of arrears to all the employees / officers by 30th June, 2010 or so, after keeping 2.8 times of the pay of November, 2007 in suspense account. This clearly gives an indication that banks are in a hurry to pay arrears so that they can deduct 2.8 times from the arrears of PF optees before orders of Madras High Court are delivered to them through IBA. In court they will take the plea that notice of stay was not received by them and arrears have already been paid. As Canara Bank has also rushed to pay the arrears today after keeping the 2.8 recovery in suspense, Canara Bank Workers Union is likely to give a strong protest letter on 1st July, 2010 at their Head Office. Canara Bank Workers Union has informed that they are proceeding to Bangalore to personally handover the letter along with a copy of the court order and get the acknowledgement.
Now all the bankers have to take a final call as to whether these union leaders are with the workers or are working against them. We know it is a difficult task as they have to eat their own words. They have issued number of circulars justifying as to why and how they were cornered to agree this changed stand on the night of 26th and 27th April, 2010. However, this is the time when they can correct the mistakes as PF optees have shared the burden of pension even in the last two Bipartite settlements (7th and 8th). This information is now shared by almost everybody (which was not known earlier to 99% of the PF optees).
The unions opposing the petition will be spending lacs of rupees in the legal battle. All this money can be saved if they simple say that we do not oppose the petition and are in favour of the same.
LET PF OPTEES DECLARE THAT THEY WILL QUITE THEIR UNION (WHICHEVER IT MAY BE) IF THEIR UNION OPPOSES THE PETITION FILED BY CANARA BANK WORKERS UNION AT MADRAS HIGH COURT. LET COURT DECIDE THE CASE ON MERITS.
(Inputs also by kamlesh.chaturvedi@yahoo.com; canara bank workers unions etc )
UPDATE ON THE ORDERS ISSUED BY VARIOUS HIGH COURTS AGAINST RECOVERY OF 2.8 TIMES OF NOVEMBER 2007 PAY
In order to ventilate the grievances of the employees, Writ Petitions have been filed in various Hon’ble High Courts.
(A)The First Writ Petition was filed before the Hon’ble Andhra High Court bearing number Writ Petition No. 8237 of 2010 where in Hon’ble Court has passed following orders:
“ORDER: Interim order dated 13-04-2010, to continue, subject to final orders to be passed in this WPMP. Any settlement also, shall be subject to final orders in this WPMP.
Post after Summer Vacation, 2010.”
(B) Writ Petition No. (C) No.3729/2010 has been filed before Hon’ble Delhi High Court, where Hon’ble Court has passed following Orders on 28.05.2010:
“Issue notice to the respondents to show cause as to why rule nisi
be not issued, returnable on 30.07.2010. Necessary steps be taken within seven
days.”
(C) Subsequently, Division Bench of Hon’ble Allahabad High Court while disposing Special Appeal No. 947 of 2010 passed following orders Orders:
“Issue notice.
Respondents are allowed three weeks time to file counter
Affidavit.
List thereafter”
(D) And now recently a Writ Petition bearing no. WP 12269/2010 has been filed before Hon’ble High Court of Judicature at Madras, in the matter of Clause No. 32 of the industry level Wage Revision Settlement dated 27.04.2010 and also clause (1) of the Pension Settlement of even date, seeking a direction from the Hon’ble Court to quash the above clauses only in so far as the said clauses require the provident fund optees now in service to contribute 2.8 times of the Nov 2007 revised pay, if they want to opt for the pension scheme.
Hon’ble Justice K Venkataraman, who heard the matter has ordered an interim stay and the next date of hearing, has been fixed on 06 July 2010. A copy of this order is enclosed.
From what is stated here in above, it is evidently clear that Clause 32 of Settlement dated 27.04.2010 and Clause (1) of Pension Settlement dated 27.04.2010 has become subject matter of judicial scrutiny by the Hon’ble Courts and Hon’ble Madras High Court has passed orders to stay the operation of these clauses.
Immediately after the settlement, most of the unions patted their back for the so called "historic settlement". Slowly as they started facing volley of questions from the members, they came out with various theories to justify their action, which included the so called legal opinion and IBA's stiff attitude which forced them to agree to recovery from only PF optees to the tune of 2.8 times of the November 2007 pay. An impression was being created by them as if they were not in favour the same till 26th April, 2010, but somehow they were cornered so much that they had to agree to the terms set by IBA. If that would have been the case, then they would not now oppose the petition pending in Madras High Court. That shows the double standards.
But soon the bankers will be able to see the "Asli Chehra" (i.e. True Face) of these union leaders. These union leaders will now not be able to beat around the bush and befool the members by shedding crocodile tears. They have to take a stand in the Madras High Court, as to whether they are in favour of payment by all employees / officers @ 1.6 times or they favour 2.8 times only from PF optees. Some of these unions have already been exposed. Let us see what does the market reports say as at the end of June, 2010.
It is reported that during the course of hearing of the case at Madras High Court, while opposing the interim stay granted by Madras High Court, advocates of IBA, and AIBEA and NCBE, requested for vacation of the stay. AIBEA and NCBE were represented by one of the top most firm namely M/s Aiyar & Dolia and wanted vacation of the interim stay on recovery of 2.8 times only from PF optees to be vacated. So the stands of these two unions are very clear now. They will be using the members’ funds (including PF optees) for payment to the law firms and fighting case against them. However, the Hon’ble Judge advised them to file their counter affidavits and Ordered continuation of the Stay Order. Next hearing has been fixed for 6th July 2010.
Vide circular No. 98 dated 29th June, 2010. AIBOC has declared "We are in constant touch with the IBA and the Convenor of UFBU, to initiate appropriate steps to vacate the stay, at the earliest, to enable IBA to issue necessary instructions to member Banks on the Pension offer". Thus, AIBOC is also likely to oppose the move and appears to be in favour of payment by only PF optees".
(Remember, the stay is not against the Pension offer or issuing circular by IBA, it is only against immediate recovery of 2.8 times of pay of November, 2007 from PF optees. )
The stand of other unions will also be clear within a week, as court in its orders says ""Notice to respondents returnable by 06.07.2010. There shall be an interim order of stay". (all major unions are respondents in this case). The reports indicate that NOBW may support the petition filed by Canara Bank Workers Unions. Similarly, BEFI may not oppose the petition of Canara Bank Workers union. The protest by INBEF has already been incorporated in the affidavit filed in the Court.
If the above reports are true, then 29th June 2010 would be regarded as a sad day in the history of trade union movement of Banking Industry. Souls of great leaders like Parawana Ji would be feeling really sad and dejected.
Till now they have been propagating that they have been forced by the circumstances and situation to accept contributory pension scheme in banking industry. They are giving so many logics and have been pleading as to why they could not make IBA agree to the Pension Scheme in its original form of 1993. We are unable to find any logical reason from Unions wherein it joined hands with the union of the Management i.e. IBA to defeat the efforts of bank employees.
Duniya ke Mazdooron ek ho - Duniya ke mehanatkashon ek ho ka naara laagene waale aaj majdooron ke khilaf hi Court main jaa pahunche.
TESTING TIME IS NOT FAR WAY NOW. NOW THESE UNION LEADERS WILL NOT BE ABLE TO SAY THAT IBA DID NOT LET THEM SUFFICIENT TIME AND CORNERED THEM SO SUCH THAT THEY SIGNED THE SETTLEMENT ON 27TH APRIL, 2010. THEY HAVE SUFFICIENT TIME OF OVER A WEEK TO DECIDE WHETHER THEY WANT TO PROTECT THE INTERESTS OF PF OPTEES OR WANT TO DO WHAT IBA IS SAYING.
It has also been reported that some Banks have issued strict instructions for payment of arrears to all the employees / officers by 30th June, 2010 or so, after keeping 2.8 times of the pay of November, 2007 in suspense account. This clearly gives an indication that banks are in a hurry to pay arrears so that they can deduct 2.8 times from the arrears of PF optees before orders of Madras High Court are delivered to them through IBA. In court they will take the plea that notice of stay was not received by them and arrears have already been paid. As Canara Bank has also rushed to pay the arrears today after keeping the 2.8 recovery in suspense, Canara Bank Workers Union is likely to give a strong protest letter on 1st July, 2010 at their Head Office. Canara Bank Workers Union has informed that they are proceeding to Bangalore to personally handover the letter along with a copy of the court order and get the acknowledgement.
Now all the bankers have to take a final call as to whether these union leaders are with the workers or are working against them. We know it is a difficult task as they have to eat their own words. They have issued number of circulars justifying as to why and how they were cornered to agree this changed stand on the night of 26th and 27th April, 2010. However, this is the time when they can correct the mistakes as PF optees have shared the burden of pension even in the last two Bipartite settlements (7th and 8th). This information is now shared by almost everybody (which was not known earlier to 99% of the PF optees).
The unions opposing the petition will be spending lacs of rupees in the legal battle. All this money can be saved if they simple say that we do not oppose the petition and are in favour of the same.
LET PF OPTEES DECLARE THAT THEY WILL QUITE THEIR UNION (WHICHEVER IT MAY BE) IF THEIR UNION OPPOSES THE PETITION FILED BY CANARA BANK WORKERS UNION AT MADRAS HIGH COURT. LET COURT DECIDE THE CASE ON MERITS.
(Inputs also by kamlesh.chaturvedi@yahoo.com; canara bank workers unions etc )
UPDATE ON THE ORDERS ISSUED BY VARIOUS HIGH COURTS AGAINST RECOVERY OF 2.8 TIMES OF NOVEMBER 2007 PAY
In order to ventilate the grievances of the employees, Writ Petitions have been filed in various Hon’ble High Courts.
(A)The First Writ Petition was filed before the Hon’ble Andhra High Court bearing number Writ Petition No. 8237 of 2010 where in Hon’ble Court has passed following orders:
“ORDER: Interim order dated 13-04-2010, to continue, subject to final orders to be passed in this WPMP. Any settlement also, shall be subject to final orders in this WPMP.
Post after Summer Vacation, 2010.”
(B) Writ Petition No. (C) No.3729/2010 has been filed before Hon’ble Delhi High Court, where Hon’ble Court has passed following Orders on 28.05.2010:
“Issue notice to the respondents to show cause as to why rule nisi
be not issued, returnable on 30.07.2010. Necessary steps be taken within seven
days.”
(C) Subsequently, Division Bench of Hon’ble Allahabad High Court while disposing Special Appeal No. 947 of 2010 passed following orders Orders:
“Issue notice.
Respondents are allowed three weeks time to file counter
Affidavit.
List thereafter”
(D) And now recently a Writ Petition bearing no. WP 12269/2010 has been filed before Hon’ble High Court of Judicature at Madras, in the matter of Clause No. 32 of the industry level Wage Revision Settlement dated 27.04.2010 and also clause (1) of the Pension Settlement of even date, seeking a direction from the Hon’ble Court to quash the above clauses only in so far as the said clauses require the provident fund optees now in service to contribute 2.8 times of the Nov 2007 revised pay, if they want to opt for the pension scheme.
Hon’ble Justice K Venkataraman, who heard the matter has ordered an interim stay and the next date of hearing, has been fixed on 06 July 2010. A copy of this order is enclosed.
From what is stated here in above, it is evidently clear that Clause 32 of Settlement dated 27.04.2010 and Clause (1) of Pension Settlement dated 27.04.2010 has become subject matter of judicial scrutiny by the Hon’ble Courts and Hon’ble Madras High Court has passed orders to stay the operation of these clauses.
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