KOLKATTA HIGH COURT DIVISION BENCH JUDGEMENT ON 100% DA -REVIEW PETITION

PM

unread,

Dec 15, 2016, 11:41:40 AM12/15/16

to bankpensioner

Dear Friends,

Copy of Cir No.Ref:2016/606,dated:12.12.2016 issued by GS AIBRF,to its office bearers on Kolkatta High Court Division Bench Judgment on 100% DA Review Petition is furnished here under for information:

Dear Comrades,

Re: Kolkata High Court, Division Bench Judgement on

100 Percent Dearness Allowance- Review Petition

We request you to refer our circular No. 2016/601 dated 08.12.2016 advising that our affiliate and petitioner in the case, United Bank of India Retirees’ Welfare Association had moved review petition in the division bench with the request it to make some corrections/typographical errors in the judgement delivered on 26^th September, 2016 in the matter of 100 percent Dearness Allowance to pre-November,2002 retirees. As advised earlier the judgement was in favour of the retirees.

2. Now we are pleased to inform you that the corrections sought by the petitioner(us) have been accepted by the bench and passed the necessary order in this regard on 05.12.2016. With these modifications, the judgement on the subject has become free from any ambiguity and strengthen hands of the retirees in its implementation. Copy of the order passed by the court on 05.12.2016 is enclosed for your ready reference.

3. Your attention is drawn on the following modifications

(a) In Para 3 of the judgement, the word Pension Regulations has been replaced with the clause 6^th of the Bipartite Settlement dated 29^th October, 2016. It means that clause 6 where in it is written that DA formula for pensioners will be at par with RBI formula should be implemented and DA should be paid accordingly to those retired before November 2002 irrespective of whatever written in Pension Regulations. This is very important and welcome modification.

(b) In paragraph No18, new sentence has been added giving specific direction to the bank to comply with Regulation No 37 and pay DA to pre-2002 retirees at par with those enjoyed by the post 2002 retirees.

4. We hope now IBA/ Bank managements will take the judgement in proper sprit and implement it without any further delay. We are taking up the matter with IBA/ Government for Its immediate implementation.

5. We hope Unions will also take up the issue with IBA/ Government for implementation of the judgement. We seek their support in this regard. This has been the demand of UFBU and its constituents. We hope Unions will show unity and solidarity with the retirees by writing suitable letter to IBA/ Govt. in this regard.

6. We shall also raise the issue in the forthcoming meeting with RLC.

7. We congratulate Comrade Debesh Bhattacharya, General Secretary, United Bank of India Retirees’ Welfare Association and his team for this successful fight.

With Warm Greetings

Yours Sincerely,

( S.C.JAIN )

GENERAL SECRETARY.

*** *** *** *** ***

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction

Original Side

G.A.NO.3353 OF 2016

RVWO 57 OF 2016

APO 315 of 2015

WP 507 of 2012

United Bank of India Retirees Welfare Association & Ors.

Vs.

United Bank of India & Ors.

AND

G.A.NO.3399 OF 2016

G.A.No.3400 of 2016

RVWO 58 OF 2016

APO 316 of 2015

WP 507 of 2012

United Bank of India

Vs.

United Bank of India Retirees Welfare Association & Ors.

BEFORE:

The Hon'ble ACTING CHIEF JUSTICE NISHITA MHATRE

The Hon'ble JUSTICE TAPABRATA CHAKRABORTY

Date : 5th December, 2016.

Mr. Swapan Kumar Dutta, Advocate

Mr. Dipankar Dasgupta, Advocate

….. for the applicants.

Mr. R.N. Majumdar, Advocate

Mr.S.Chakraborty,Advocate

Mr.S.Dutta,Advocate for the Bank.

The Court : The review application has been filed contending that

certain changes are required to be made in the judgement and order dated 26th

September, 2016 passed by us. There was no need to file review petition for this

purpose.

We have perused the judgment and considered the submissions of

the learned counsel for the parties. The following changes are made in the

judgment and order dated 26th September, 2016 :

a) In paragraph-3, after the second sentence, a new sentence be added as

follows :

“Prior thereto, the payment of pension to the employees was governed

by 6th Bipartite Settlement dated 29th October, 1993.”

b) In the sentence following the above new sentence in paragraph-3, the

words “Bipartite Settlement” be inserted in place and stead of the words

“Pension Regulations”.

c) In the fourth sentence of paragraph-16 the words “Regulation-37” be

inserted in place and stead of “Clause-6”

.

d) In the fourth sentence of paragraph-16, the following words be deleted :-

“of the member banks in consonance with that paid by the Reserve

Bank of India to its employees.”

e) In place and stead of the fourth sentence in paragraph-18 the following

sentence be inserted :

“Therefore, we direct the bank to comply with Regulation-37 of the

Pension Regulations and to pay dearness relief to the Pre-2002

retirees at the same rate as enjoyed by the post-2002 retirees.”

3

The department is directed to effect the above corrections in the

judgment and order dated 26th September, 2016.

This order shall be treated as a part of the judgment and order

dated 26th September, 2016. Rest of the said judgment and order dated 26th

September, 2016 shall remain the same.

Accordingly, the review petitions and all applications are disposed of.

(NISHITA MHATRE, ACJ.)

(TAPABRATA CHAKRABORTY, J.)

Rishikesavan Sadhasivan

unread,

Dec 16, 2016, 5:31:17 AM12/16/16

to bankpensioner, Saravana Perumal, Sundararajan Se, ssankaran...@gmail.com

Revision petition admitted by kolkatta highcourt

Rishikesavan

Sent from Yahoo Mail on Android

On Thu, 15 Dec, 2016 at 22:11, PM
<moha...@gmail.com> wrote:

--
Visit our blog site http:://bankpensioner.blogspot.com
---
You received this message because you are subscribed to the Google Groups "bankpensioner" group.
To unsubscribe from this group and stop receiving emails from it, send an email to bankpensione...@googlegroups.com.
Visit this group at https://groups.google.com/group/bankpensioner.
For more options, visit https://groups.google.com/d/optout.

PM

unread,

Dec 16, 2016, 11:23:37 AM12/16/16

to bankpensioner

For Information:

Copy of letter addressed to AIBEA by GS,AIBRF vide their Ref:2016/608 dated:14.12.2016 is furnished here under for information:

The General Secretary,

All India Bank Employees Association (AIBEA)

Chennai

Dear Comrade,

Re: Kolkata High Court, Division Bench Judgement on 100 Percent Dearness Allowance- Review Petition

We hope that you are aware that Division Bench of Kolkata High Court has delivered a historical judgement on 100 percent Dearness Allowance to pre- November 2002 retirees in the month of September, 2016 followed by some modifications in it ,at our prayer, approved by the bench on 5th December, 2016.

2. AIBRF and its lakhs of members are fully conscious and aware that AIBEA played very crucial role in introducing guaranteed benefit pension scheme for the bank employees and signed historical agreement with IBA in 1993.

3. Clause 6 of the 1993 settlement signed by AIBEA on pension scheme stipulated that Dearness Allowance payable to pensioners will be at par with the DA formula applicable to RBI pensioners. However, this clause could not find place in the pension regulations finally adopted by banks because of the circumstances prevailing at that time.

4. As you know, in the wage settlement signed in 2005, Dearness formula was improved for the pensioners known as 100 percent DA. However, IBA through some administrative decision without specific clause in 2005 wage settlement in this regard decided to exclude pre- November, 2002 retirees from the benefit of this improved DA formula.

5. As you are aware, bank retirees under the banner of AIBRF have been fighting for last 10 years to remove this unconstitutional discrimination and demanding implementation of clause 6 of the settlement of 1993 by way of organisation action programmes as well as legal fights by our affiliates and cadre in different courts. Similarly, AIBEA and other constituents of UFBU have also been demanding for grant of 100 DA benefit to the pre-2002 retirees. In fact it was a major demand for retirees by AIBEA in its Charter of Demands submitted to IBA for the last wage settlement.

6. We believe that historical decision of division bench of Kolkata High Court upholding legal validity of clause no. 6 of 1993 settlement despite not finding specific place in pension regulations of 1995 should be movements of honour and pride for AIBEA and its leadership. It is not only victory for retirees but also for AIBEA and its leadership who fought for implementation of pension scheme in 80s and 90s.

7. On this occasion, it is our humble appeal and request to you to immediately write suitable letter to IBA/Government to implement the decision of Kolkata High court in all banks without preferring appeal in the Supreme Court and also take up the matter at other forums for necessary action and kindly express your solidarity and support towards retiree fraternity.

8 We enclose copies of the Judgement and order on modification for your ready reference.

9. As you are aware, bank retirees under the banner of AIBRF and its lakhs of members are on the street in support of their pending demands. Some time back, we had written to you seeking your support for our on- going struggle. We await response on it.

Satyanarayana Rao

unread,

Dec 16, 2016, 10:42:42 PM12/16/16

to bankpe...@googlegroups.com

Though AIBRF requested AIBEA for support and chv has made public statement in support of our demands at our conference nothing of such support has come from CHV AND UFBU. It is only a futile expectation from those who signed the illigal joint note on 25 th dec 2015.RETIREES HAVE TO FIGHT ON THEIR OWN.

On Friday, 16 December 2016 9:53 PM, PM <moha...@gmail.com> wrote: