LETTER BY A PENSIONER TO CLC(C)

[MOHAN P]

Forwarded as received just for information:

10th October 2025

The Chief Labour Commissioner (C)

Ministry of Labour & Employment,

Shyam Shakti Bhawan,

Rafi Marg,

NEW DELHI - 110 001. 

Sub  :  Complaint against 9 Trade Unions of UFBU Unions dominating in Public Sector Banks.

     Appeal to cancel the registration of undernoted 9 Trade Unions (all UFBU constituents) to disqualify them for all Trade Union activities.

1.   All India Bank Employees  Association

2.   All India Bank Officers Confederation

3.   All India Bank Officers Association

4.   National Confederation of Bank Employees

5.   Indian National Bank Employees Federation

6.   Indian National Bank Officers Confederation

7.   Bank Employees Federation of India

8.   National Organization of Bank Workers

9.   National Organisation of Bank Officers

(a)   For trespassing the area of Pensioners lawful legitimate rights and benefits and causing huge monetary loss to all the Pensioners. 

(b)   Violation of Memorandum of Settlement dated 29.10.1993  and Minutes of Small Committee meeting dated  26.03 1994 and Bank Employees Pension Regulations, 1995.

(c)   Violating their own Constitution by taking decisions to curtail the existing benefits  of their members and members which no trade union act allows. 

Dear Sir, 

It is significant to note that the MEMORANDUM OF SETTLEMENT dated the 29th October, 1993 between the Managements of 58 Banks as represented by the Indian Banks Association and their workmen as represented by the All India Bank Employees Association, Under Section 2(p) and Section 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of the Industrial Disputes (Central) Rules, 1957. 

2.  Because of the fact that the Bank Employees Pension Regulations, 1995 is applicable only to the  Retired Employees i.e. both Award Staff members as well as Officers staff and adversely affected by their decisions. I have the right to lodge complaint against any unlawful acts of all these 9 Trade Unions. 

BRIEF OF COMPLAINT 

(1)     The aforesaid nine constituents of UFBU, in connivance with IBA have been taking unlawful and unconstitutional decisions right from 7th Bipartite Settlement deliberately to cause financial loss to the Pensioners. 

(2).    The Working Employees Unions has no right to negotiate on Pensioners issues with any Organisation i.e. I.B.A. or Banks etc. as the Pensioners being the third party are not their members. Once after signing the draft of Pension rules prepared by the Small Committee constituted to frame the Pension Regulations similar to Reserve Bank of India Pension Regulations and Central Civil Services Pension Rules and was adopted by Bank's and sent to Finance Ministry and then finally  passed by Parliament, the role of Working Employees Unions only ENDS there. 

 (3).    As soon as the Subordinate Act of Bank Employees Pension Regulations, 1995 came into existence, it became a legal document and the sole property of Pensioners. Hereafter none of Employees Unions have any right or mandates for Pensioners to negotiate to amend or alter any clause of these Pension Regulations especially which cause financial loss to Pensioners. 

(4)   I or any Bank Pensioner is not a member of any of the above 9 Working Employees Unions nor have given any mandate to them to negotiate our issues with IBA or Banks.

(5).    Only the Bank's Board of Directors have the right to propose any amendment for betterment of Pensioners cause to the Government under section 19 of the  Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 after consultation with the Reserve Bank of India and with the previous sanction of the Central Government.

(6).      I submit here under that  some unlawful adoptions have taken place by the negotiating committee during the last 30 years which are listed herebelow for your kind perusal :

(a).   First is the amendment made vide 7th BPS by the UFBU unions signed Agreements with IBA which is reproduced as under :

"In relation to an employee or retires or dies in service before 1st day of April, 1998 , "pay" for the purpose of pension shall be the aggregate of the basic drawn by the members of the award staff in terms of sixth Bipartite Settlement dated 14th February 1995 and dearness allowance thereon calculated upto1616 in the Indian Consumer Price index for industrial workers in the  series of 1960 = 100. This shall be subject to necessary amendments to be made in the relevant provisions of Bank (Employees) Pension Regulation Act, 1995."

This was perhaps the first amendment to cause financial loss to Pensioners because at that time the DA was 1684 points of CPI. This loss of 68  points had to be suffered upto 8th settlement signed on 2nd May, 2005.

 (b).   The other factor of discrimination is that the wage revision was with retrospective effect 1.11.2002 for employees with arrears but the employees who retired between 1.11.2002 to 1st May 2005 were refused arrears from the date of retirement to the date 1st May 2005 whereas employees were given arrears. 

The pre 2002 Retirees were also facing discrimination continuously right from the implementation of the Pension Scheme and were given tapered DA due to which they were suffering with continuos financial loss since long. This parity was ultimately rectified wef. 1st October, 2023 but we're not paid arrears for the period of 2002 to 2023.

(c).   Moreover, the new Basic Pay of Pensioners is not considered for deciding ex gratia amount. They are getting ex gratia on old Basic Pay. 

(d)    The next discrimination is in 10th BPS which is well known for the introduction of a new plan called Special Allowance attracting the Dearness Allowance but not counted for PF and Basic Pension including other superannuation benefits. Clause 12 of the 10 the BPS is reproduced here below:

"With effect from 1.11.2012, the workman employees should be paid special allowance at the rate 7.75 of basic pay with applicable DA  thereon. The special allowance with applicable DA will not be reckoned for HRA and other superannuation benefits viz. pension including contribution to NPS, PF and gratuity."

It is to be noted that only 2.0% two percent of the funds were  allocated for Wage Revision and the rest of 7.5% percent was subscribed for Special allowance with the only intention that Basic Pension of the employees who retired after 1.11.2012 get less in Basic Pension and applicable DA. Due to this introduction of Special Allowance the Pensioners have been suffering monetary loss every month  from Rs.3000/- to Rs.6000/-.

(e)   In the 11th BPS, this Special Allowance  of 7.5% percent was raised to 16.40%  percent of the Basic Pay which resulted in loss of monthly pension payment between Rs.5000/- to Rs.8000/-.

(f)     Further in the 12th BPS, the Special Allowance was raised from 16.40% to 26.50% percent of the Basic Pay causing net financial loss between Rs.7000/- to Rs.8000/- per month.

(g)    Because due to the effect of major portion of funds allotted for 10th, 11th and 12th BPS was added in Special Allowance and the remaining portion was added in Basic Pay,  the Basic Pay was reduced drastically in every BPS as mentioned above.

(h)    Furthermore, from November 1, 2022 for Bank Employees and Retirees, the 12th BPS and 9th Joint Note came into effect. These  Agreements shifted the DA calculations to new Consumer Price Index (CPI) series (2016=100). Earlier it was CPI series (1960=100) along with  construction of new pay scales after the merger of 8088 points of DA . This change is not for pre 1.11.2022 retirees. 

(i)   Last, but most important that the Working Employees Unions planted very serious conspiracy to use their power during every BPS . These Unions do not want the Pension Updation because if Pension Updation is implemented, they will have to lose some share of funds allotted for every Wage Revision, improvement in service conditions and superannuation benefits.

While concluding, I submit that the the Unions are constituted as per article 19 of the Constitution of India for the welfare and improvement of  wages and other benefits of their members. The Constitution of the unions does not allow them to reduce or curtail the existing benefits of members whether they are monetary benefit or service conditions or pensionary benefits. Thus their indulgence in non welfare activities of the above unions is an offence which is sufficient to cancel their registration  as trade union

But the above revelations proves beyond doubt that they are behaving discriminately against Pensioners and taking decision violating the provisions of BEPR, 1995 as well Article 19 of the Constitution of India and their own Constitution which allows negotiations only to increase in wages, improvement in service conditions and superannuation benefits. 

I, most humbly appeal to take notice of the above mentioned facts and cancel the Registration of all the above mentioned Nine Unions / Associations and also declare them disqualify for leadership to negotiate on any issue of Pensioners in the interest of justice and to ensure rule of law  may prevail in Public Banking Sector. 

Appealant

R K Bhateja

pensioner eSBBJ