PENSION UPDATION: APPEAL FILED BEFORE HON SUPREME COURT AGAINST VERDICT OF P & H. HC

[PM]

Dear Friends,                              As informed earlier, few retiree comrades of 6 public sector banks have been fighting legal case in Punjab & Haryana High Court on the issue of Updation of Pension.                               Finally as we know,the above case was dismissed by the Division Bench  on 9th Sept 2015.                               The pertinent point to be noted here is,the court has viewed that "A perusal of Clause 12 of the settlement makes it abundantly clear that it only provides for further negotiations as regards “applicability,qualifying service, amounts of pension, payment of pension, commutation of pension, family pension, updating and other general conditions etc.” and cannot be read to provide for updation of pension."                                  Often the above clause of settlement 1993 was quoted by retirees in favour of our demand  for updation of pension.( Few says 'implementation' instead of demand)                              As we have discussed earlier,in fact this is a major set back to one of our long pending major demands and unless we could secure a favourable verdict from apex court  on this issue ,IBA may continue to pin point on the same fact as in the case of another appeal pending on 100% DA issue.                              As against the above verdict petitioners have filed Appeal before Hon.Supreme court, the status of which is furnished here under for information :  ***                                    ***                                                 *** SUPREME COURT OF INDIA

Case Status PENDING

Status of : SLP (Civil) CC    3099    Of   2016

M.C. SINGLA AND ORS.   .Vs.   UNION OF INDIA AND ORS.

Pet. Adv. : MR. SUNNY CHOUDHARY

Subject Category : LABOUR MATTERS - OTHERS

Last Listed on : / /

[Atul Mangla]

Dear Mr.Mohan,
As per the update with the group of Retired Bank Employees from All
Over the World at facebook, this appeal has been admitted by the
Honourable Supreme Court of India after arguments on 22-02-2016.
With Regards
Atul Mangla

On 2/24/16, PM <moha...@gmail.com> wrote:
>
> Dear Friends,
> As informed earlier, few retiree comrades of 6
>
> public sector banks have been fighting legal case in Punjab & Haryana High
> Court on the issue of Updation of Pension.
> Finally as we know,the above case was
> dismissed by the Division Bench on 9th Sept 2015.
> The pertinent point to be noted here is,the

> court has viewed that *"A perusal of Clause 12 of the settlement makes it

> abundantly clear that it only provides for further negotiations as regards
> “applicability,qualifying service, amounts of pension, payment of pension,
> commutation of pension, family pension, updating and other general

> conditions etc.” and cannot be read to provide for updation of pension**."*

>
> Often the above clause of settlement 1993
> was quoted by retirees in favour of our demand for updation of pension.(
> Few says 'implementation' instead of demand)
> As we have discussed earlier,in fact this is a
>
> major set back to one of our long pending major demands and unless we could
>
> secure a favourable verdict from apex court on this issue ,IBA may
> continue to pin point on the same fact as in the case of another appeal
> pending on 100% DA issue.
> As against the above verdict petitioners have
> filed Appeal before Hon.Supreme court, the status of which is furnished
> here under for information :
>
> ****

> *** ****
>
>
> *SUPREME COURT OF INDIA*
>
> Case Status PENDING
>
>
> *Status of **: **SLP (Civil) CC **3099 **Of * *2016*
>
> *M.C. SINGLA AND ORS. ** .Vs. * *UNION OF INDIA AND ORS.*
>
> *Pet. Adv.** : **MR. SUNNY CHOUDHARY*
>
> *Subject Category** : **LABOUR MATTERS **- **OTHERS*
>
>
> *Last Listed on : / /*
>
> --
> Visit our blog site http:://bankpensioner.blogspot.com
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>

[Narinder]

Tnx

Sent from my iPhone

[Roshan Lal]

[bhaskara sarma]

Nowadays many High court Judgements are reversed by Supreme Court.There are judgements in case of Jaya Lalitha and Salman Khan which surprised everybody.So one need not think much about it.

P B Sarma.

--

[imsharma9]

PM jee--Namaskar.

Earlier, here in these esteemed columns, I have dwelt upon the imperative of  a forceful and cogent presentation of our case by a top notch lawyer of the apex court.

I reiterate this submission here as the courts do deal with such presentations by reputed lawyers with care and attention. We are thus assured of a patient hearing and a considered judgment 

from the court.

Secondly, I have earlier pleaded that the AIBRF must lend help to the litigating friends, with facts, legalese and arguments. I believe their legal cell could play their part here.

These two submissions i trust will receive due consideration at AIBRF level which will give our litigating friends and in turn us the satisfaction of having meaningfully contested the issue.

Kind regards.  

On Wednesday, February 24, 2016 at 8:56:13 AM UTC+5:30, PM wrote:

[L S RAMAN]

!993 settlement as been modified in the 19995 regulations .Further the settlement between the IBA(with out a mandate to discuss pension isues, and UFBU with no membership of pensioners can not  be the exclusive document to decide issues relevant to pensioners rights to secure the benefits as provided for in the constitution and the extant law of the land regarding pension issues.

Dr.Raman.L.S.

--

[KLRao , Amnesty International Member]

Dear Sharma garu,  Supreme Court Verdict dt 01/07/2015

says Pension is wages paid to The retirees, hence, wage revision should lead to Pension Revision, more over, there is no discretion to employer or Government in Pension matters. Banks should implement without any devation. Regards. - KLRao, ThnkTank Mobile 08179731467 

On Mon, Mar 7, 2016 at 6:22 PM, 'imsharma9' via bankpensioner <bankpe...@googlegroups.com> wrote:

--

[Inder Mohan Sharma]

Raman jee--namaskar.

Let us pay attention to the court's observations that the 1993 mou only provides for further negotiations and does not confer any right to the retirees.

Under the circumstances, a prudent course appears to be to approach the apex or high court for directions to IBA to enter into negotiations with the retiree associations ( in place of AIBEA)) and arrive at a settlement within a specified period. 

Kind regards.

 

  I M Sharma

[L S RAMAN]

I agree with tyhe observation of Sharmajee,

The court observations are positive and it is for the IBA to initiate follow up  actio, failing which we can seek specic orders in the matter seeking negotiations ti settle pensioners issues with the pensioners organisations.

Dr.Raman.l.S.

[Bharat B. Sahni]

Here are the details of Case No.
Supreme Court of India which is still waiting for further listings after 15-05-17

Diary No.- 4295 - 2016
M.C. SINGLA . vs. UNION OF INDIA AND ORS.
Case Details
Diary No.    
4295/2016 Filed on 03-02-2016 03:54 PM
PENDING
   [SECTION: IV-B]
Case No.    
SLP(C) No. 005561 / 2016  Registered on 13-02-2016
S.L.P.(C)...CC No. 003099 / 2016  Registered on 13-02-2016

Last Listed on 15-05-2017 & the Orders were here as under;

ITEM NO.40 REGISTRAR COURT. 2 SECTION XV

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

RECORD OF PROCEEDINGS

BEFORE THE REGISTRAR MR. M V RAMESH

Petition(s) for Special Leave to Appeal (C) No(s). 5561/2016

M.C. SINGLA AND ORS. Petitioner(s)

VERSUS

UNION OF INDIA AND ORS. Respondent(s)

WITH

SLP(C) No. 8455/2016

SLP(C) No. 22266/2016

(With Office Report)

Date : 07/12/2016 This petition was called on for hearing today.

For Petitioner(s)

Mr. Sunny Choudhary,Adv.

For Respondent(s)

Mr.Rajesh Kumar,Adv.

M/s Mitter & Mitter Co.,Adv.

Mr.Jagat Arora,Adv.

Mr. Anuvrat Sharma,Adv.

UPON hearing the counsel the Court made the following

O R D E R

SLP(C) No.5561/2016 & 8455/2016

Service of notice is complete on the respondent No.1, but no

one has entered appearance on his behalf.

The respondent Nos.2-4 have already filed the counter

affidavit. Viewed thus, the matters shall be processed for listing

before the Hon'ble Court as per rules.

SLP(C) No. 22266/2016

Service of notice is complete on the respondent No.1, but no

one has entered appearance on his behalf.

...

.....2

ITEM NO.40 -2- SC5561/2016

The respondent No.2 has failed to file the counter affidavit

within the period stipulated under the rules.

The respondent No.3 has already filed the counter affidavit.

Viewed thus, the matter shall be processed for listing before

the Hon'ble Court as per rules.

(M V RAMESH)

Registrar

[Manickam M]

Mr. Raman sir, after a long time,i am happy to see your mail. You are one of the learned person,in this matter and I am happy to see you again

[Krishnan]

13/02/18 SC judgement copy is available now?

Can any one share it

Regards

Krishnan

--

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[Dhamodharan R]

On Mar 8, 2016 9:15 AM, "'imsharma9' via bankpensioner" <bankpe...@googlegroups.com> wrote:

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PM jee--Namaskar.

Earlier, here in these esteemed columns, I have dwelt upon the imperative of  a forceful and cogent presentation of our case by a top notch lawyer of the apex court.

I reiterate this submission here as the courts do deal with such presentations by reputed lawyers with care and attention. We are thus assured of a patient hearing and a considered judgment 

from the court.

Secondly, I have earlier pleaded that the AIBRF must lend help to the litigating friends, with facts, legalese and arguments. I believe their legal cell could play their part here.

These two submissions i trust will receive due consideration at AIBRF level which will give our litigating friends and in turn us the satisfaction of having meaningfully contested the issue.

Kind regards.  

On Wednesday, February 24, 2016 at 8:56:13 AM UTC+5:30, PM wrote:

--

[Dhamodharan R]

On Feb 17, 2018 4:39 PM, "Manickam M" <mmanic...@gmail.com> wrote:

Mr. Raman sir, after a long time,i am happy to see your mail. You are one of the learned person,in this matter and I am happy to see you again

--
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[Krishnamurthy V]

subject category labour matters  amount to skipping of fundamental rights of a bank pensioner?

where as  the provisions are available to all central government employees, public sector banks

are also government institution for all the purpose.  This shall be raised as constitutional right

On Sat, Feb 17, 2018 at 2:57 AM, Dhamodharan R <dha...@gmail.com> wrote:

On Mar 8, 2016 9:15 AM, "'imsharma9' via bankpensioner" <bankpensioner@googlegroups.com> wrote:

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[NSS]

Friends

In the Updation case,  arguments from our side should include the following.

1) As observed by   P&H HC the settlement do not give us any right to demand updation. However the settlement provides for Updation of pension which is to be negotiated. Settlements are drawn up after discussion among the parties  and only those issues which are discussed and consensus arrived at by all the concerned parties are included in the settlement. The terms of the settlement shows that "Updation" was discussed and a consensus was arrived that it will be negotiated subsequently and settlement will be arrived at. IBA has simply turned down our request without negotiation. The Court has to advise IBA to negotiate and arrive at a mutually accepted settlement in this regard as was originally intended by the parties. If there  was no intention to update pension, the settlement would not have contained any mention about updation. The fact that the settlement provides for negotiation for updation of pension itself shows that the parties have intended to update pension though the exact terms could not be settled immediately.

2) As Unions and Associations have conflicting interests with the interests of pensioners,  they can not represent retirees. Court should advise IBA to negotiate with Associations representing Retirees. As the bargaining power of Retirees is zero, Court may direct IBA and banks to be reasonable.

3) Availability of Pension funds to meet the cost of updation has to be brought to the notice of the Court.

4)  The Supreme Court has ruled that Pension is a deferred wage and along with wage revision pension also should be revised. Also Court has ruled that pension drawn by a pensioner can not be lower than the pension drawn by a pensioner who has retired in a lower rank . Case Laws in this regard may be brought to the notice of the Court.

All the facts which are in our favour should be collected and included in our arguments. The appellant pensioners have a huge responsibility, as updation is an issue which affects all the pensioners regardless of their date of retirement.

N.Sankarasubramanian

5) Periodical salary revision is made in order to meet the increase in cost of living . Therefore this benefit should be passed on to Pensioners also. Supreme Court has ruled that Pension should be sufficient to maintain the standard of living which the pensioner was enjoying prior to retirement.

On Saturday, 17 February 2018 16:39:45 UTC+5:30, Dhamodharan R wrote:

On Mar 8, 2016 9:15 AM, "'imsharma9' via bankpensioner" <bankpe...@googlegroups.com> wrote:

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