ACTION PROGRAMMES OF AIBRF -UPDATION OF PENSION AND OTHER ISSUES

[PM]

Dear Friends,
The text of circular issued BY GS,AIBRF on action programmes to resolve our issues like Pension Updation,Improvement in Family Pension etc vide their circular No.
Ref. No 019/288 dated 16.06.2019 is furnished here under for information:


Dear Sir,

Re: Action Programs on pending demands of bank retirees

As you may be aware that talks on wage negotiation will resume after gap of 3months on 19th
June 2019. We hope and expect that pending issues of retirees will also come for discussion
during various rounds of talks on wage settlement in coming months. At apex level we are in
touch with UFBU and its constituents to persuade them to take our issues forcefully and
effectively for favorable solution. We have taken note that AIBOC has decided not to
participate in the talks of 19th June as the mandate issue for officer are yet to be resolved and
its likely consequence on retiree issues.

2. At the organisation level, in coming months we have to take various steps to keep our
issues alive and launch swift and effective action programs as and when needed .

3. As per the unanimous decision taken in the 5th Nation Conference held in March, 2019 , we
have identified the following 3 major demands to be taken up for solution during the
forthcoming wage settlement

(a) Updation of pension as per RBI formula

(b) Improvement in family pension at per with RBI

(c) Reduction in insurance premium for group insurance for retirees.

4. After the conference, Core committee meeting was convened in Delhi on 2nd May 2019 to
draw strategy to achieve the above demands. We have circulated proceedings of the meeting
vide circular no. 2019/69 dated 8.5.2019.

5. One of the decisions taken was to do geographical allocation of the area among Deputy
General Secretaries to ensure effective implementation of organisational decisions in the area
and coordinate activities of state committees/ affiliates.

6. In view of the above developments, now time has come to carry out the following action
programs during the months of June & July and DGs are requested to take the following steps
in this regard

(a) To hold meetings of members at the identified centers to create awareness among
members on retiree issues in particular on updation issue and its details. You are therefore
requested to identify such centers in consultation with state committees/ affiliates

(b) Kindly arrange the meetings and explain in detail RBI formula on updation and other issues
and make them to be ready for Dharna and Rallies as and when needed.

(c) In such meetings suitable resolution as per the enclosed format may be passed under the
signatures of the members present.

(d) This resolution may be submitted to the following authorities (i) Commissioner/ Collector
of the city/ area in delegation with the request to forward to PMO (ii) Local Member of
Parliament in delegation (iii) to send by post to Chairman IBA Mumbai (iv) to send PMO
Delhi by post

(e) To organize Dharna during such meetings wherever possible.

(f) You may invite UFBU leaders/ leaders of sister retiree organisations of the of the area to
seek their support on pending issues of retirees.

7. We request you to advise names of the centers once finalized and details of the meeting
once held.

8. We have recently submitted representation on updation to IBA. Copy of the same is
enclosed for your information and record.

9. It may be mentioned that first meeting of this nature was organized in Kolkata by Bengal
Provincial State Committee on 13th June 2019 where about 900 retirees were present and the
hall was overflowing. It was addressed by the President AIBRF & the undersigned. It was highly
successful meeting.

10 It may also be mentioned such meetings are scheduled to be held in Indore (M.P.) on
18.06.19 , Jabalpur (M.P.) on 30.06.2019 & Bhopal M.P. in second week of July 2019.

11 Any suggestions from you in this regard are welcomeWith Revolutionary Greetings

Yours Sincerely,
(S.C.JAIN)
GENERAL SECRETARY
C.C. to Office Bearers/ Central Committee Members/ State Body Chiefs.
‌

[PM]

Text of letter written by GS,AIBRF to IBA vide Ref. No 019/287 dated 16.06.2019 is furnished here under for information:


Shri K.V. Kannan
Chief Executive
Indian Banks’ Association
Mumbai

Dear Sir

Re: Updation of Basic Pension

As you are aware, bank retirees under the banner of AIBRF have been raising demand of updation of basic
pension for bank retirees for last several years. Our this demand is based on the basic principles of social
security and social welfare as laid down in the famous Supreme Court judgment in Nakara V/s Union of India
case as well as specific provision for periodical updation made under regulation No. 35(1) of Pension
Regulations, 1995 which was incorporated by way of government gazette in 2003.

2. All bank unions under the banner of UFBU have also not only been supporting demand of pension updation
but also raising it forcefully during negotiations on wage settlement from time to time. Because of efforts and
struggle of bank retirees and support of unions, Record Note dated 25.05.2015 was signed between parties to
the settlement agreeing in principle to examine demand of updation and further agreeing that IBA would
carry out cost study for this purpose.

3. AS you know, in Reserve Bank of India too retirees with the support of employee unions were
simultaneously raising the demand of pension updation and fighting for it in courts and also at organisational
level for last several years. They were raising the demand based on principles of social security and social
justice. Till recently Government of India has been rejecting the demand on the plea that there is no specific
provision of updation in RBI pension regulations and if agreed, similar demand will have to be considered for
retirees of financial sector and if sanctioned will have adverse impact on their functioning.

4. However, as you know, Government of India has now sanctioned updation of basic pension for all categories
of pensioners in RBI as per its notification dated 05.03.2019 modifying its earlier stand expressed by it from
time to time in courts as well as in other forums. This notification reflects basic and fundamental change in the
stand of the government on updation of pension in banking industry. It has now been unambiguously agreed by
the government that there is need for periodical pension updation along with wage settlements in banking
industry too on the lines of Pay Commission exercise done for government pensioners to preserve the
principles laid down in famous Naka case. This stand of the government also clearly indicates that primary and
basic criteria for consideration of updation in banks will be principles of social security and welfare and not
pension fund position alone.

5. We heartily welcome this bold decision of the government on the issue of pension updation and congratulate
Honorable Prime Minister and Finance Minister for sanctioning pension updation for RBI pensioners.

6. We demand that pension updation should be sanctioned for bank pensioners on the lines of RBI formula. We
find that very favorable atmosphere have been created for updation of pension in banks with basic change in
attitude and stand of the government on the issue. We also find that IBA has already agreed to examine demand
of pension updation as per the provisions of Record Note dated 25.05.2015. Now in view of favorable
atmosphere prevailing , IBA should complete the cost study and submit the proposal of updation to the
government for favorable consideration and sanction without delay.

7. We would like to invite your kind attention on the facts that position of pension funds in banks are quite
comfortable and according to us can take load of updation burden without difficulty. We also suggest that if
need be accounting method amortization may be adopted as done in 2010 at the time of granting pension option
to left overs.

8. It will not be out of place to mention that in RBI updation has been sanctioned though there are no specific
provision for it their regulations. But in Pension Regulations applicable in banks there is specific provision of
periodical updation under regulation no. 35(1). Therefore we are of the view that bank pensioner case on this
issue is equally strong legally too.

9. We request you that our this representation will be favorably considered by managing committee of IBA and
will be sent for sanction. It may be mentioned for your information that AIBRF has not submitted any other
representation on updation in the recent past singly or jointly with any other organisation.

With Respectful Regards.

[SUMAN KUMAR Suman]

DEAR SIR,

ITS GOOD 

BUT HOW ABOUT RESIGNEES

SUMANKUMARSINGH

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[Srinivasa Murti Devulapalli]

My Dear Friends,

It has been  well within the knowledge of every one that the  "Pension Updation Clause" which was present in the draft pension regulations  incorporated in the joint note  as signed by IBA & UFBU was deliberately removed  subsequently while adopting the same as regulations under the  ID act , for the best reasons known to themselves - A Historical Blatant Blunder .

I along with a few veteran leaders  have directly taken up the issue in 2017 itself,  with the Law Ministry for their intervention  to adivse MOF suitably as to its legal implications, which will have a strong bearing when the matters reach Court Halls. 

This was what exactly happened in the case of RBI Retirees where the Courts have passed strictures on the Govt. for its its  unethical over ruling the statutory provisions .  The entire  RBI workforce unitedly reacted and  fought on organisational front also  "WITH A THREAT TO STRIKE WORK "which has ultimately forced the Government to come to its senses to RESTORE PENSION UPDATION IN RBI. 

In this connection, I annex my communication dated 28th.Oct.2017 to the Law Ministry the contents of which are self-explicit.

https://drive.google.com/file/d/0Bwlxk5JrNIM1VDYtSi1nVGJRUzQ/view?usp=sharing

Friends,  Let us , therefore, always remember the THREE  guiding principles of True Trade Union -  "AGITATION - LITIGATION - NEGOTIATION" which alone are our strong armory of weapons. 
in as much as,   the only language best known to the managements/govt. has always been  "OUR  WRITINGS ON THE WALL"

With Greetings and Regards

“|| यतो धर्मस्ततो जयः ||” IS THE ULTIMATE......
I remain - Yours,
దేవులపల్లి శ్రీనివాస మూర్తి/Devulapalli Srinivasa Murti.  

VIJAYAWADA   521108 :: 9989318300

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d s murti

[Rashmikant Bhatt]

I suggest that we should totally study how RBI retirees got updating in pension and we should follow those steps immediately. A thorough study as well as RBI retirees' main persons who made this possible should be contacted and detailed guidance and full support must be obtained. RKBHATT

[thirumalaisamy]

Comrade kindly include resignee pension option demand for coming talks.Number of resignee bank officers resigned due to medical reasons and also completed more than 25 years Till date not getting pension. Mr. Jain sir,Mr.Pathak kindly see the above mentioned issue.
With best wishes and prayers
Thirumalaisamy T

[KLRao,ResourcePerson]

Mr S.K.Jain and others,    Namasthe. I would like to suggest you 

To make an appeal to the Finance Minister . Let her know about the Bank Pensioners issues . She may empathise and instruct DFS and IBA to resolve , without any further delay.

To make a Petition to Parliament 

Kindly comply with my earnest request .

Dhanywad .

Best Regards. 

LakshmanRao Kantamsetti

Visakhapatnam

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[Kalyanasundaram Subramaniam]

Why there is no mention of 100 per cent DA neutralisation for pre-2002 retirees as part of demand? It seems that this demand is sacrificed now, for the reason best known to AIBRF. 

Even the curative petiton has not been filed in the Supreme Court by United Bank retirees (may be under the guidance of AIBRF again). 

Even if pention revision is considered, it will not be restrospective. Even in RBI it is only prospective. 

Hence there is no logic in leaving the 100 per cent DA case. 

AIBRF must explain their stand on this. 

S Kalyanasundaram

[Debasish Mukherjee]

17.6.2019.


BUT WHY THEN CBPRO ISSUED CIRCULAR STATING OTHERWISE ON THEIR DELEGATION DISCUSSION WITH IBA ON
26.5.2019?
------------------------------------------------------------------------------------------------

If the AIBRF letter has indeed been despatched to the IBA Mumbai address(I will trace with IBA if the
letter received by them) we the retirees will have reason to trust the AIBRF. But then suspicion comes
since another circular circulated by another retiree Association,CBPRO which stated about their three
member delegation met the IBA Officials and discussed retirees issues on 26.5.2019 and stated that IBA
Dy.Chief Executive Mr.K.Unnikrishnan stated that the IBA may not consider pension updation at present
though Mr.Unnikrishnan retired/left IBA sometime in 2016-17.Even then why the CBPRO Jt.convenor
Mr.A.Ramesh Babu issued such circular? I had sent a mail to Mr.Ramesh Babu ON 13.6.2019 requesting him
to clear the suspicion of the CBPRO's circular on discussion with the IBA and which IBA Official
informed that IBA may not consider pension updation at present since Mr.Unnikrishnan could not be the
person the CBPRO delegation discussed with on 26.5.2019 since he had already retired/left much earlier.
But Mr.Ramesh Babu did not reply till date. It gives suspicion that a ploy might have been playing by
the UFBU/AIBEA again in connivance with the IBA Officials to deceive the retirees and issued a hints in
advance using the CBPRO as their spokesperson.

Debasish Mukherjee,
Member-Bank Pensioner Google Groups,
E.mail- mumb...@rediffmail.com

On Mon, 17 Jun 2019 16:22:46 +0530 PM wrote
>Text of letter written by GS,AIBRF to IBA vide Ref. No 019/287 dated 16.06.2019 is furnished here
under for information:

atmosphere prevailing ,IBA should complete the cost study and submit the proposal of updation to the

government for favorable consideration and sanction without delay.



7. We would like to invite your kind attention on the facts that position of pension funds in banks are
quite

comfortable and according to us can take load of updation burden without difficulty. We also suggest
that if

need be accounting method amortization may be adopted as done in 2010 at the time of granting pension
option

to left overs.



8. It will not be out of place to mention that in RBI updation has been sanctioned though there are no
specific

provision for it their regulations. But in Pension Regulations applicable in banks there is specific
provision of

periodical updation under regulation no. 35(1). Therefore we are of the view that bank pensioner case
on this

issue is equally strong legally too.



9. We request you that our this representation will be favorably considered by managing committee of
IBA and

will be sent for sanction. It may be mentioned for your information that AIBRF has not submitted any
other

representation on updation in the recent past singly or jointly with any other organisation.



With Respectful Regards.

Yours Sincerely,

(S.C.JAIN)

GENERAL SECRETARY

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[bhaskara sarma]

The case was deliberately killed by some unscrupulous elements at various stages.You can forget about it.

With regards, 

P B Sarma.

2401

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[JSOMA SHEKARA]

We appreciate that AIBRF has taken up Updation issue also with IBA.

But the Himalayan task of  AIBRF is to convince both AIBOC and AIBEA to seriously take up Updation issue with IBA in present BPS.

Now no use of Dharna and demonstrations. All pensioners are fully aware of significance of Updation and also RBI updation order and it is now time for UFBU to make Updation demand  no 2 after wage revision and not include it as 5th or 6th in list. 

The most important priority of AIBRF and CBPRO is to invest all their energy,resources at their disposal to make sure that UFBU will present a strong case for Updation in this BPS.

AND ALSO BOTH AIBRF/CBPRO BE ALERT AND BE CAUTIOUS SO THAT UFBU DO NOT ONCE AGAIN SURRENDER PENSIONERS RIGHTS BY SIGNING RECORD NOTE

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[Kalyanasundaram Subramaniam]

Please check the date of discussion. It may be 26 05 2016 and not 26 05 2019. Some old circular is under circulation again under differnt whatsup group. 

S Kalyanasundaram

bankpe...@googlegroups.com.

[Mahalingam Krishnamurthy]

Pension for Resignees,  is more or less, the last priority and by the time,  some concrete decisions arrived at  how many will be alive.........many of us have reached fag end of our lives....

K. Mahalingam 

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[KUNAL SINGH KHARAYAT]

There are rumours, rumours and rumours.

 

Sent from Mail for Windows 10

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[NSS]

Friends

I have written more than once in this forum that Regulation No35 (1) of Bank Pension Regulations deals with revision of Basic Pension  of those who retired after the date of effect of a wage settlement but before the date on which the revised Basic Pay was introduced. This type of revision has been carried out for the following categories of retirees only so far.

1) All employees who retired from 01/01/1986 but before 31/10/1987.

2)  Workmen who retired from 01/11/1992 but before 01/09/1993

3) Officers who retired from 011/07/1993 but before 01/05/1994

The updation we are demanding is entirely different from the above and Regulation No.35 (1) will not help us in any way. On the other hand, the Minutes of the Small Committee, which contains the agreement between IBA and Unions/Associations that updating will be done by adopting the Formula existing in RBI should be the basis of our demand. 

I have enclosed the final paragraph of the P&H HC judgment in Mr.M.C.Singla's Writ Petition. Our case was dismissed stating that the Small Committee Minutes is not an agreement but only parleys before an agreement and RBI had withdrawn its circular allowing updation.

I have enclosed a table showing some of the points agreed in the Small Committee and how they have been incorporated in the Regulations. Therefore the minutes of the Small Committee are not just parleys as observed by the Court. It is an agreement which binds both the parties. Foreword to the Minutes state that the Committee was formed in pursuance of Clause 12 of the Pension Settlement which speaks about further negotiation and settlement of certain matters. As settlement is binding on the parties, the minutes of the Small Committee are also binding.  Besides there are a number of Supreme Court judgments based on the principle of promissory estoppel. Court has ruled that the Govt. cannot go back on its promise even though the agreement is not in the prescribed format. All that the petitioner has to prove is the existence of a promise by the Govt. and that the petitioner has acted on the promise. I have enclosed with one of my earlier posts the Court's judgment in Motilal Padampat Sugar Mills (P) Ltd. I

I am sending a copy of this mail to AIBPRC, AIBRF, and OBC Retiree Officer's Association . Members may take this up with Mr.Sidhdhu of OBCRA.

Regards

N.Sankarasubramanian 

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