Pension Case

1

               ITEM NO.2 COURT NO.5 SECTION XV

                                S U P R E M E C O U R T O F I N D I A
                                        RECORD OF PROCEEDINGS

               Petition(s) for Special Leave to Appeal (C) No(s). 39288/2012

               (Arising out of impugned final judgment and order dated
               23/08/2012 in DBCSA No. 2021/2011 passed by the High Court Of
               Rajasthan At Jodhpur)

               UNION OF INDIA Petitioner(s)

                                                 VERSUS

               GRAMIN BANK PENSIONERS SAMITI & ANR. Respondent(s)
               (with appln. (s) for impleadment as party respondent and interim
               relief and office report) (for final disposal)
               WITH
               W.P.(C) No. 210/2013
               (With Office Report)

               Date : 29/10/2014 These petitions were called on for hearing
                                 today.

               CORAM :
                            HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
                            HON'BLE MR. JUSTICE ARUN MISHRA


               For Petitioner(s) Ms. Pinky Anand, ASG
                                    Ms. Asha G. Nair, Adv.
                                    for Ms. Sushma Suri,AOR(NP)

                                    Mr. C.U. Singh, Sr. Adv.
                                    Mr. C. K. Sasi,Adv.

               For Respondent(s) Dr. Rajeev Dhawan, Sr. Adv.
                                    Ms. Pragati Neekhra, Adv.

                                    Mr. K.K. Rai, Sr. Adv.
                                    Mr. K.T. Anantharaman, Adv.
                                    Mr. Vasudevan Raghavan, Adv.

Signature Not Verified
                                    Mr. Jayant Bhushan, Sr. Adv.
Digitally signed by
                                    Mr. D.S. Chauhan, Adv.
                                    Mr. Siddharth Aggarwal, Adv.
Parveen Kumar Chawla
Date: 2014.10.29
17:14:51 IST
Reason:



                                    Mr. C.S. Rajan, Sr. Adv.
                                    Mr. B.K. Pal, Adv.
                                                                               2

                       Mr. S.B. Upadhyay, Sr. Adv.
                       Mr. Pawan Upadhyay, Adv.
                       Mr. Param Mishra, Adv.

                       Mr. R.S. Hegde, Adv.
                       Ms. Shanti Prakash, Adv.

                       Mr. K.P. Rajagopal, Adv.
                       Mr. T.V. Lakshmana, Adv.
                       Ms. V.S. Lakshmi, Adv.
                       Mr. A. Venayagam Balan,Adv.

                       Ms. Liz Mathew,AOR

           UPON hearing the counsel the Court made the following
                              O R D E R

           Arguments in the matter heard, which remained

inconclusive. The matter remained part-heard.

           For further hearing, the case be listed again on

13.11.2014, as agreed between the learned counsel for the rival

parties.


(Parveen Kr. Chawla) (Phoolan Wati Arora)
    Court Master Assistant Registrar

Notice for Strike 12 Nov 2014

Notice for Strike year 2014

                                                                  airrbea1@rediffmail.com,
        airrbea1@yahoo.com
Phone 033 - 25734176
                                                                                                Fax No.033-2573 3252  
Mobile 9831233798 / 9434007694
All India Regional Rural Bank Employees Association
(A Coordinating Body of National Federation of RRB Officers & National Federation of RRB Employees)
Adviser: Ajit Kumar Ghosh GOLDERS GREEN
President: C. Rajeevan Ground Floor F-G Block
Secretary General: A. Sayeed Khan 1 Nazrul Islam Avenue (VIP ROAD)
           Kaikhali Kolkata –700 052

Ref.No.157 Date: -25-10-2014

Dr. G S Sandhu
Secretary,
Department of Financial Services,
Ministry of Finance,
Government of India
Parliament Street, New Delhi.
secy-fs@nic.in

Sir,

Sub: - Notice of Strike.

In support to the agitational programmes adopted by the UFBU in regard to the subject matter (demand mentioned here below) and in accordance with the provisions contained in Sub-section 1 of Section 22 of the ID Act, 1947, we hereby give you notice that the members of both the constituents of the AIRRBEA (NFRRBO & NFRRBE) propose to go on one day strike on the 12th November, 2014 in all the RRBs:

Demanding –
IMMEDIATE SETTLEMENT OF 10th BIPARTITE WAGE REVISION.

This may kindly be treated as NOTICE on behalf of the National Federation of RRB Officers and National Federation of RRB Employees.

With regards
Yours faithfully

(A Sayeed Khan)
Secretary General

 Copy for information to-
The Chairman, NABARD HO, Mumbai.
The General Manager, all Sponsor Banks.
The Chairman, all RRBs.
Our all Units.
The General Secretary, NFRRBO/NFRRBE

(A Sayeed Khan)
Secretary General

Struggles for Demand of early 10th Bipartite Settlement

                                                                     airrbea1@rediffmail.com,
        airrbea1@yahoo.com
Phone 033 - 25734176
                                                                                                Fax No.033-2573 3252  
Mobile 9831233798 / 9434007694
All India Regional Rural Bank Employees Association
(A Coordinating Body of National Federation of RRB Officers & National Federation of RRB Employees)
Adviser: Ajit Kumar Ghosh                                  GOLDERS GREEN
President: C. Rajeevan                     Ground Floor F-G Block
Secretary General: A. Sayeed Khan 1 Nazrul Islam Avenue (VIP ROAD)
                 Kaikhali Kolkata –700 052

Circular No. 55                                                                                   Date: - 17-10-2014

To
All Units/State Federations/C.C. Members/
Office Bearers/ All others concerned

Dear comrades,

Sub: - Struggles in the matter of demand of early 10th Bipartite Settlement – Circular           of UFBU.

Ref: - UFBU Circular no. UFBU/2014/30 dated 13-10-2014.

We reproduce below the text of the above mentioned UFBU circular for your information and doing the needful.

We shall issue our circular advising details of our stand in the strike and our related task, shortly.

With greetings
Comradely yours

(A Sayeed Khan)
Secretary General

Text of the above said UFBU Circular –


“We had informed our Units; vide our Circular dated 26-09-2014 about the negative approach of the IBA in the negotiations for wage revision. Having regard to the need to express our strong resentment and protest, UFBU has already given the call for observing certain agitational programmes including demonstrations on 17th October, 2014 and for holding Dharnas in various States between 18th and 31st October, 2014. In view of the intermittent festival holidays in various parts of the country, the dates for the strike actions were decided to be finalized later.

In this background, UFBU meeting was held today in Bengaluru to chalk out the programmes and after due deliberations, the following further Programmes have been decided upon:

29th October, 2014Press Meet at all State Capitals and major centers

(Press Note of UFBU, to be released by all the
constituent unions, will be sent in due course)30th October, 2014All India Protest Day
Badge Wearing
Demonstrations/Rallies at all Centers11th November, 2014Centralized Demonstrations at all Centers12th November, 2014ALL INDIA ONE DAY PROTEST STRIKE2nd December, 2014 to
5th December, 2014Relay Zonal StrikesTo be followed byFurther Strikes including Indefinite Strike
It was also decided unanimously by the UFBU to withdraw all types of extra co-operation by workmen/officers with immediate effect and to boycott all meetings called for by the bank managements after normal office hours. The meeting also decided against work.

The schedule of Relay Zonal Strikes is as under:

02.12.2014Southern Zone consisting States of Andhra Pradesh,
Karnataka, Kerala, Tamil Nadu, Telengana and Union
Territories of Lakshadweep and Puducherry.03.12.2014Northern Zone consisting States of Chattisgarh,
Haryana, Himachal Pradesh, Jammu & Kashmir, Madhya
Pradesh, New Delhi, Punjab, Uttar Pradesh, Uttaranchal,
Rajasthan and Union Territory of Chandigarh04.12.2014Eastern Zone consisting States of Bihar, Jharkhand,
Odisha, Sikkim, West Bengal, North Eastern States and
Union Territory of Andaman & Nicobar Islands05.12.2014Western Zone consisting States of Goa, Gujarat,
Maharashtra and Union Territories of Daman & Diu
It is two years since we submitted our charter of demands. While 13 rounds of negotiations have taken place, there is no satisfactory progress in the talks because of the negative attitude of the IBA/Government. Everyone is aware that employees and officers in the banking sector are doing their best to serve the customers and implement various schemes of the Government despite innumerable hardships and difficulties. Yet, the genuine demand for adequate wage revision is being delayed and denied.

Even though we have shown our willingness to adopt a flexible approach in order to finalize the settlement expeditiously, the same is not being reciprocated by the IBA. Thus, once again, we have been pushed to the path of agitation and struggle. We call upon all our unions and members to manifest their resentment and protest through effective implementation of the programmes.

Better and early wage revision – We demand - We deserve.”
With greetings,
Sd/-
(M.V.MURALI)
CONVENOR

UFBU Press Release

                                                                     airrbea1@rediffmail.com,
        airrbea1@yahoo.com
Phone 033 - 25734176
                                                                                                Fax No.033-2573 3252  
Mobile 9831233798 / 9434007694
All India Regional Rural Bank Employees Association
(A Coordinating Body of National Federation of RRB Officers & National Federation of RRB Employees)
Adviser: Ajit Kumar Ghosh                                  GOLDERS GREEN
President: C. Rajeevan                     Ground Floor F-G Block
Secretary General: A. Sayeed Khan 1 Nazrul Islam Avenue (VIP ROAD)
                 Kaikhali Kolkata –700 052

Circular No. 56                                                                                   Date: - 18-10-2014

To
All Units/State Federations/C.C. Members/
Office Bearers/ All others concerned

Dear comrades,

Sub: - UFBU press release to be issued by UFBU constituents on 29-10-2014.

We are forwarding herewith the copy of press statement to be issued by the constituents of the UFBU at important centers of the Country on 29-10-2014 for your information and record.

As stated in our earlier circular our stand on the Strike will be communicated shortly.

With greetings
Comradely yours

(A Sayeed Khan)
Secretary General


UFBU Centre ………..…. / Date: 29-10-2014

All India Bank Strike on 12th November 2014
Relay Zonal Strikes from 2nd to 5th December 2014
DEMANDING IMMEDIATE SETTLEMENT OF WAGE REVISION

Wages and service conditions in the banking sector are governed by the industry-level bipartite settlements signed between the Indian Banks’ Association (IBA) and the workmen unions and officers’ associations operating in the banking industry. All the banks which have given mandate to IBA to negotiate on behalf of them are parties to the settlements. United Forum of Bank Unions (UFBU), representing five workmen unions and four officers’ associations, is currently negotiating with IBA for revision of wages to bank workmen/officers.

The wage revision for bank employees is due from 01.11.2012 subsequent to the expiry of the last Bipartite Settlement on 31.10.2012. The common charter of demands, separately for workmen and officers, were submitted by UFBU to IBA on 30.10.2012 i.e., before the expiry of last bipartite settlement.

UFBU has been requesting, since the start of negotiations, for a time-bound approach to hold the negotiations on its demands and for conclusion of wage settlement within a reasonable time. But the recalcitrant and callous attitude of IBA has inordinately delayed the negotiation process and there is no significant progress in the wage negotiations despite a lapse of nearly two years’ time. The formal negotiations have started in February 2013 and hardly around 13 rounds of discussions have so far taken place between IBA and UFBU resulting in one round of discussion once in two months.

IBA is quoting the reason of non-affordability of banks and is stubborn in its offer of 11% increase in pay slip components, as against the demand of UFBU for a respectable settlement with due consideration of the difficulties that are faced by the employees on account of high rate of inflation, which has eroded the salaries of the employees to a great extent.

Bank employees, workmen and officers, have been performing well despite severe stress due to substantial increase in workload in the banks due to inadequate staff strength and on account of opening of many branches under Financial Inclusion and so on. Bank employees never lagged behind in the successful implementation of all Government sponsored programmes/schemes, including the recently implemented Prime Minister’s Jan Dhan Yojna. In spite of their wholehearted support in implementation of the Government schemes announced from time to time even at high discomfort levels, the bank employees are not being comparatively paid adequately.

Even though the UFBU has shown its willingness to adopt a flexible approach in order to finalise the settlement expeditiously, the same is not being reciprocated by IBA. Thus, once again, bank employees are pushed to the path of agitation and struggle. In the said circumstances, DEMANDING IMMEDIATE SETTLEMENT OF WAGE REVISION FOR BANK EMPLOYEES, it has been decided by UFBU to observe ALL INDIA ONE DAY PROTEST STRIKE ON 12TH NOVEMBER 2014 and RELAY ZONAL STRIKES AS UNDER:

02.12.2014Southern Zone - Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telengana and Union Territories of Lakshadweep and Puducherry.03.12.2014Northern Zone - Chattisgarh, Haryana, Himachal Pradesh, Jammu & Kashmir, Madhya Pradesh, New Delhi, Punjab, Uttar Pradesh, Uttaranchal, Rajasthan & Union Territory of Chandigarh04.12.2014Eastern Zone - Bihar, Jharkhand, Odisha, Sikkim, West Bengal, North Eastern States & Union Territory of Andaman & Nicobar Islands05.12.2014Western Zone - Goa, Gujarat, Maharashtra and Union Territories of Daman & Diu
We sincerely regret the inconvenience caused on account of strike by bank employees to the esteemed customers / general public and appeal for their moral support to our just cause as the demand of bank employees for adequate wage revision is not only genuine but also most deserving.

Incentive to Officers Posted to North Eastern Region-Revision

Transfer of Female Employee in RRBs

Incentives to officers posted to North Eastern Region – revision thereof –

                                                                    airrbea1@rediffmail.com,

            airrbea1@yahoo.com

Phone 033 - 25734176

                                                                                                Fax No.033-2573 3252  

Mobile 9831233798 / 9434007694

All India Regional Rural Bank Employees Association

(A Coordinating Body of National Federation of RRB Officers & National Federation of RRB Employees)

Adviser: Ajit Kumar Ghosh                                      GOLDERS GREEN

President: C. Rajeevan                                            Ground Floor F-G Block  

Secretary General: A. Sayeed Khan                         1 Nazrul Islam Avenue (VIP ROAD)

                                                                                Kaikhali Kolkata –700 052

 

Ref.No.147                                                                                                    Date: -09-10-2014

To

Sri A K Dogra

Deputy Secretary

Department of Financial Services

Ministry of Finance

GOI, Jeevan Deep Building

New Delhi – 110001

dogra.ak@nic.in

Respected Sir,

Sub: - Incentives to officers posted to North Eastern Region – revision thereof –

Ref: - F.No.4/4/2/2001-IR, Government of India, Ministry of Finance, Department of           Financial Services dated 26-09-2014 addressed to the Chairman, SBI/IDBI and           CMDs of all PSBs.

We draw your kind attention to the above order issued to the PSBs and SBI including the IDBI, but not to the RRBs, in spite of the fact that all the States in the North Eastern Region of our country are covered by Regional Rural Banks, and large number of employees and officers are performing their duties in the hard environment like those in other Commercial Banks/PSBs/SBI.

The above order relates to the incentives to officers posted in NE Region which is revised with immediate effect, and naturally delay in issuing the orders to RRBs will result in delay in releasing the benefits to the RRB staff for no fault of them.

We would therefore request you Sir, to kindly see that the above benefits are extended to the RRB staff simultaneously with those in other banks in the light of the NIT Award accepted by the Government, and the successive orders of the Hon’ble Supreme Court, in the matter of Parity of Pay Allowances and other benefits with those in NCBs/Sponsor Banks.

Expecting your necessary action at the earliest.

With regards

Yours faithfully

(A Sayeed Khan)

Secretary General

Copy for kind information and necessary action to –

-         The Chief General Manager, IDD, NABARD, HO, Mumbai

(A Sayeed Khan)

Secretary General

Attachment –

-         Copy of order no. F.No.4/4/2/2001-IR, Government of India, MOF, DFS, dated 26-09-2014.

NATIONAL PROTEST DAY ON 05-12-2014

 airrbea1@rediffmail.com,

            airrbea1@yahoo.com

Phone 033 - 25734176

                                                                                                Fax No.033-2573 3252  

Mobile 9831233798 / 9434007694

All India Regional Rural Bank Employees Association

(A Coordinating Body of National Federation of RRB Officers & National Federation of RRB Employees)

Adviser: Ajit Kumar Ghosh                                      GOLDERS GREEN

President: C. Rajeevan                                            Ground Floor F-G Block  

Secretary General: A. Sayeed Khan                         1 Nazrul Islam Avenue (VIP ROAD)

                                                                                Kaikhali Kolkata –700 052

 

Circular No. 52                                                                                   Date: - 09-10-2014

To

All Units/State Federations/C.C. Members/

Office Bearers/ All others concerned

Dear comrades,

Sub: - National Convention of Workers held on 15-09-2014 at New Delhi – call of NATIONAL           PROTEST DAY ON 05-12-2014

Our leaders Com Shiv Karan Dwivedi and Com Banwari Lal attended the above Cxonvention on behalf of the AIRRBEA.

We reproduce below the text of the declaration adopted from the Convention on 15-09-2014 for your perusal, wide circulation and implementation of the programmes jointly with fraternal Trade Unions as far as possible.

With greetings

Comradely yours

(A Sayeed Khan)

Secretary General

---

NATIONAL CONVENTION OF WORKERS 15th September 2014, NEW DELHI DECLARATION - NATIONAL PROTEST DAY on 5th December, 2014 This National Convention of Workers being held under the banner of joint platform of all the Central Trade Unions of the country along with independent national federations/organizations from all the sectors and service establishments expresses deep concern at the unilateral move to amend the labour laws by a number of state governments and by the Central Govt. Most of the amendments sought to be done will have serious negative impact on the working conditions including trade union rights of the workers and the employees. It is unfortunate that in spite of the assurance given by the Labour Minister that Central Trade Unions will be consulted, these amendments in labour laws are being pushed through without any consultations with them. The amendments passed by Rajasthan Assembly on 31st July, 2014 in Industrial Disputes Act, Factories Act, Contract Labour (Regulation & Abolition) Act and Apprenticeship Act will make hire and fire much easier for the employers and will result in rampant casualisation of employment. Liberalising the provisions of Factories Act will imperil the safety at work place in small and medium scale enterprises and will push majority of factories out of its coverage. Similarly raising the threshold employment ceiling of 20 to 50 workers for registration of contractors will be principal employer and contractor to become unaccountable for service conditions of the workers in a large number of enterprises. It is unfortunate that the Govt. being model employer deploys the largest number of contract workers and thereby depriving them of the security of job, wage and social security benefits. The amendment Bills already introduced in Parliament by the Central Govt on Factories Act, Labour Laws (Exemption from Furnishing Returns and Maintaining Registers for certain Establishments) Act and Apprentices Act are also designed to bring about such changes which will adversely affect the service conditions of the workers throwing overwhelming majority of them out of the coverage of all basic labour laws. The Factories Act Amendment Bill introduced in Lok Sabha on 7th August 2014 further liberalises the coverage of factories under the Act as amendment proposed in definition of factories (Section 2m) authorizes States to fix number of workers for coverage under the Act. This will legitimize amendment already passed by Rajasthan Assembly on 31st July, 2014. The Central Govt. is also considering amendments in Minimum Wages Act and Industrial Disputes Act. The amendment to Apprenticeship Act will pave the way for replacement of the contract/casual/temporary workers and even regular workers by comparatively low paid apprentices. Moreover, these amendments will straightway empower and encourage the state governments to bring about pro-employer changes in labour laws as per the Rajasthan model. The process of amendments in labour laws is also aimed to do away with tripartite consultation mechanism. In essence, all moves of amendments in the labour laws, both by the central government and by the Govt in Rajasthan are aimed at empowering the employers to retrench/lay of workers or declare closure/shut down at will and also resort to mass scale contractorisation. These are also designed to push out more than seventy per cent of the industrial and service establishments in the country and their workers out of the purview of almost all labour laws, thereby allowing the employers a free hand to further squeeze and exploit the workers. The Convention also expressed dismay over the Govt’s total inaction in implementing the consensus recommendations of 43rd, 44th and 45th Indian Labour Conferences on formulation of minimum wages, same wage and benefits as regular workers for the contract workers and granting status of workers with attendant benefits to those employed in various central govt schemes. It is also noted with utter dismay that the present government is also continuing to ignore the ten point demands of entire trade union movement pertaining to concrete action to be taken for containing price-rise and aggravating unemployment situation, for strict implementation of labour laws, halting mass scale unlawful contractorisation, ensuring minimum wages for all of not less than Rs 15000 per month and universal social security benefits and pension for all including the unorganized sector workers etc. the demands also include compulsory registration of Trade Unions within 45 days and ratification of ILO Conventions 87 and 98. The National Convention also denounced the retrograde move of the Govt in hiking/allowing FDI in Defence sector, Insurance, Railways and other sectors and also its aggressive move for disinvestment in PSUs including financial sector which will be detrimental to the interests of the national economy, national security as well as mass of the common people. The Convention demands upon the Rajasthan Govt. to reverse the enacted amendments to the labour laws and urge upon the Central Govt. to desist from its unilateral move to amend labour laws and consult and honour the views of Central Trade Unions on the issue. The Convention also demands immediate steps to implement the consensus recommendations of successive Indian Labour Conference and also positive response to long pending ten-point demands of the entire trade union movement of the country. The Convention urges the Central Govt to desist from mindless drive to liberalise FDI in defence, insurance, Railways etc and instead reverse the direction of the ongoing economic policy regime which has landed the entire national economy in distress and decline affecting the working people most. The Convention calls upon all the trade unions, federations across the sector to widen and consolidate the unity at the grass-root level and prepare for countrywide united movement to halt and resist the brazen anti-worker and anti-people policies of the Govt and in preparation to the same undertakes unanimously the following programmes: 1. State level joint conventions during September-October; wherever possible initiative may be taken to hold district-level and industry-level joint conventions 2.  National Protest Day 5.12.2014 through massive joint demonstration in all state capitals. At Delhi Joint demonstration of workers from the neighbouring state will be held. The National Convention calls upon the trade unions and working people irrespective of affiliations to unite and make the above programme a massive success paving way for countrywide united struggle to resist the onslaught on the life and livelihood of working people throughout the country.           BMS             INTUC                   AITUC                   HMS            CITU AIUTUC                 TUCC           SEWA                    AICCTU                 UTUC           LPF And All India Federations of Banks, Insurance, Defence, Railways, Central/State Govt. Employees and other Service Establishments