Government of India does not listen without Strike, Bharat Bund or violent agitation programmes disturbing public. Government does not understand the language of peaceful protest or peaceful movement, or letters to Prime Minister or Finance Minister or even President of India. Ministers are awakened from their deep slumber only by agitations, arsoning, loot, strike, violant agitation, burning of shops ad buses, stopping of train services etc.....There are hardly a few hundred internet viewers out of ten lac bank employees who are aware of what is happening in various courts. Even IBA is least bothered of interim stay granted by Madras High Court.
Bank employees who struggled for 30 months to get second option for pension and for their wage revision are subjected to huge loss by ill-motivated trade union leaders and visionless officials of IBA team who participated in 30 month long process of negotiation.
This agreement has almost cheated PF optees on the plea of second option of Pension and IBA is almost ready to go against the MOU signed months ago. They are obviously bent upon putting into action the discriminatory, unjustified and divisive clause of Bipartite Settlement against the interest of three lacs employees called PF optees . Their main motto is to divide the United Forum of Union of Bank employees and dilute the intensity of bank unions and militancy of bank employees.
Some of the Bank unions filed a writ in Madras High court and also in various other high courts. Madras High court granted stay on execution of recovery clause no. 32 of the said Bipartite Settlement which was signed at Industry level on 27th April 2010 by Indian Bank’s Association and United Forum of Bank Unions.
But Banks are bent upon making a recovery of 2.8 times of November 2007 salary from those employees who will get second offer of pension (not yet served by any bank) after 15 year long struggle. In defiance of stay granted by Madras High Court.
Banks have not released arrear and not submitted second option of pension to all employees as per spirit of the said agreement. On the contrary banks without any fear of court are going against the spirit of stay order of Madras High Court and making forceful recovery from three lacs employees.
Are they not committing contempt of court?
Media is silent and least bothered of fate of three lac employees.
Opposition parties, ruling party all are silent.
Why?
Do they want violent movement?
The president of India,
India
Sir,
Reg.: Witholding the payment of an amount equivalent to 2.8 times of revised Salary for the Month of November 2007
We, the following members of the staff, jointly and severally, irrespective of their union affiliation wish to lodge our strongest protest on the subject under reference and over the way management has withhold the amount to the detriment and disadvantage of the employees.
It may be recalled that two distinct and separate settlements have signed at the apex industry level i.e. (a) Settlement on revision of pay scales and other terms and conditions and (b) Settlement for providing Second Option of Pension. These two settlements are distinct and separate and cannot and should not be clubbed with each other.
Consequent upon the signing of the Settlement on Second Option of Pension, there has been mass resentment amongst the bank employees over the terms and conditions on which Second Option has been offered and over the way a sizable portion has been agreed to be recovered and transferred to pension fund thereby discriminating similarly placed employees in identical situation and violating the provisions of Clause 14 and 16 of the Constitution of India.
In order to ventilate the grievances of the employees, Writ Petitions have been filed in various Hon’ble High Courts>The First Writ Petition was filed before the Hon’ble Andhra High Court bearing number Writ Petition No. 8237 of 2010 where in Hon’ble Court has passed following orders:
“ORDER: Interim order dated 13-04-2010, to continue, subject to final orders to be passed in this WPMP. Any settlement also, shall be subject to final orders in this WPMP.
Post after Summer Vacation, 2010.”
Subsequent to the above writ petition, more writ petitions have been filed before various Hon’ble High Courts challenging Clause No. 32 of the industry level Wage Revision Settlement dated 27.04.2010 and also clause (1) of the Pension Settlement of even date. Writ Petition No. (C) No.3729/2010 has been filed before Hon’ble Delhi High Court, where Hon’ble Court has passed following Orders on 28.05.2010:
“Issue notice to the respondents to show cause as to why rule nisi
be not issued, returnable on 30.07.2010. Necessary steps be taken within seven
days.”
Subsequently, Division Bench of Hon’ble Allahabad High Court while disposing Special Appeal No. 947 of 2010 passed following orders Orders :
“Issue notice.
Respondents are allowed three weeks time to file counter
affidavit.
List thereafter”
And now recently a Writ Petition bearing no. WP 12269/2010 has been filed before Hon’ble High Court of Judicature at Madras, in the matter of Clause No. 32 of the industry level Wage Revision Settlement dated 27.04.2010 and also clause (1) of the Pension Settlement of even date, seeking a direction from the Hon’ble Court to quash the above clauses only in so far as the said clauses require the provident fund optees now in service to contribute 2.8 times of the Nov 2007 revised pay, if they want to opt for the pension scheme.
Hon’ble Justice K Venkataraman, who heard the matter has ordered an interim stay and the next date of hearing has been fixed on 06 July 2010. A copy of this order is enclosed.
From what is stated here in above, it is evidently clear that Clause 32 of Settlement dated 27.04.2010 and Clause (1) of Pension Settlement dated 27.04.2010 has become subject matter of judicial scrutiny by the Hon’ble Courts and Hon’ble Madras High Court has passed orders to stay the operation of these clauses.
We are stunned and surprised to find that bank has deducted an amount equivalent to 2.8 times the Nov 2007 pay from the amount of arrears payable in so far as it concerns the present PF optees, even though no offer has been made to the present PF optees by the Bank on the Pension Option , as provided in Clause (2) of the Pension Settlement dated 27.04.2010 nor has any of the individual PF Optees given their acceptance.
Under the circumstances we find the propriety of our Bank in withholding a certain amount of wage revision arrears, obviously with the knowledge of the position of the pending court cases appears to be an act of unfair labour practice bordering on contempt of court, which is likely to be fraught with serious consequences, as it drives the serving PF optees to accept the settlement in its present form under duress and coercion, especially in view of the fact that none of the PF optee retirees or resignees have been paid any such arrears duly earned by them on account of the wage revision.
While condemning, deploring and denouncing the above mentioned action of the management of withholding the payment of an amount equivalent to 2.8 times of revised pay of November 2007 in the strictest terms, we call upon you to take due notice of our concerns expressed above and make payment of amount wrongfully withheld.
Signed today i.e…… day of July 2010 by following staff members
Sl. No. Name Designation Signature