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Danendra jain (manager)     28 June 2010

Equality before law is at stake in bank

It is a matter of great pleasure that Madras High court has granted interim stay on the clause authorizing banks to deduct 2.8 times of November revised salary from the arrear of PF optees who are likely to opt for second option of Pension, an opportunity granted under 9th Bipartite Settlement signed between IBA and leaders of unions of various banks. I congratulate officers of Canara Bank unit who initiated the legal battle against discriminatory settlement signed by union leaders in banks and I take this opportunity to condemn IBA team under the leadership of Mr. M V Nair who left no stone unturned to divide the officer’s fraternity by introducing various discriminatory and unconstitutional clauses in the said settlement.

 

It is open secret that bank management is made of flatterers and yes-men who are least bothered of ethics or constitutional values or even the quality of assets of banks. They are least bothered of genuine grievance of loyal and devoted workers who think, act and even dream for the benefit of banks they are associated with. It is banks where even posting and promotions are effected not based on merit but on the strength of  an officer in yesmanism and his  ability to flatter his bosses and capability in earning illegal money and sharing with the same with the bosses.

 

In such position officers annoyed with discriminatory elements of the said settlement have got a great relief after the stay granted by Madras High Court .I hope even now our Finance Minister and Prime Minister will understand the facts related to agreement mentioned above and perpetual  reign of injustice prevailing in banking industry particularly PSU banks. I hope Government of India will act against dirty elements in Banking industry and especially in IBA and get rid of them before it is too late.

 

I would like to add here that if justice is not delayed in courts and good advocates become available at reasonable cost in all towns and cities I think thousands of cases will be filed against reign of injustice perpetuated by bank management.

 

I am ready to extend my whole hearted support to all those who have initiated legal battle against the bank and who have contributed directly or indirectly in the fight to get justice. I pray judges to quicken the process at their best so that bank management may not take advantage of judicial delay in carrying out their whimsical decisions based on vested self interest.

 

If finally high court scraps the clause of discriminatory recovery from PF optees the signatories of the said settlement should own responsibility and resign on moral ground. When a mistake is committed by a staff in a branch of a bank, the branch head of that branch is held responsible and punished suitably by higher management of the bank. Then why not top officials who signed the said 9th Bipartite Settlement which is found to be illegal, unconstitutional (violation of fundamental right of equality before law enshrined in the Constitution) should be punished suitably by Ministry and Government of India. The higher officials must have vision and future repercussion of illegal and discriminatory clause of the agreement they sign.

 

I congratulate organizers of website Allbankingsolution.com who have been extending  their best cooperation in serving the cause of bank employees in general and PF optees in particular who have been given discriminatory treatment by signatories of the said 9th Bipartite settlement for bank employees in April 2010.



Learning

 9 Replies

SHARAD CHANDRA DANEJ (Asstt. Manager)     29 June 2010

Dear Danendra Jain,

Thanks for writing about High Courts decision and thanks to those who came out as winners against the Banks management decision.

I also take this opportunity to bring to your knowledge about the enhanced gratuity of Rs. 10 lacs which has been made available to non-govt from 24.5.2010 instead of 01.01.06 as done for Cent. Govt. employees. All concerned trade unions, associations of banking and insurance sectors have written to govt to review the effective date of enhanced gratuity be made applicable from 1.1.06. But still no decision from the Labour Ministry.

I request the bravado of Canara Bank to fight this also combinedly with other similar trade unions, banking & insurance sectors unions/associations.

Thanking you.

 

S C DANEJ

Danendra jain (manager)     10 July 2010

IBA in its affidavit has stressed on the point that the trade union representing 95% of bank employees signed the agreement and hence Canara Bank petition filed by a union representing only 244 members should be ignored is not acceptable to any one who believes in justice.

 

Suppose if majority union decides that female employees will be given three increments less than male employees though they male and female perform same duty in the bank. , Can such unconstitutional agreement be treated as valid only because the same has been signed by a union representing majority of members?

 

Are we living in a jungle of sheep?

 

Another point is that the disputed agreement was signed by leaders of majority union. If leaders become victim of management, if leaders become hostile to members due to self interest, if leader’s intention become malicious there is all possibility of betrayal such as anti-member decision, divisive wage agreement, discriminatory treatment to divide them, sacrificing  the interest of members to serve self interest etc. There is country wide protest and several writs have been filed in various courts of the country against the disputed clause which shows that the said agreement signed by leaders of majority union is not liked by majority of members. When leaders found that member can now resign or revolt against the union, they thought it better to release the arrear in hurry and recover the contribution from PF optees so that intensity of revolt is diluted. Further pension optees who are getting better treatment and who are getting full arrear will not support PF optees. This is called “Divide and Rule” policy. Leaders further took support of management in making recovery of Levy directly from arrear or pay slip to avoid the risk of member not paying levy in anger. All these fact reveal that union leaders realize from the core of their heart that they members are not happy with them.

 

When late Indira Gandhi, exPrime Minister of India  lost her temper, she lost her conscience, she put all her opponents in jail, imposed emergency and without any fear of legal consequences or political reaction she misused the majority of her party in the Parliament to change the basic structure of the constitution. Similarly IBA has divided the bank employees in two segments, one pension optee and another PF optee and there is no doubt that bank management will use this division for imposing illegal recovery on PF optees. To add fuel to fire, IBA has created division even among various union leaders. This is why powerful protest against illegal recovery is not visible and management is taking advantage of this division and submitting illogical plea in the court to defend the discriminatory clause of the Bipartite Settlement. Those employees who are raising voices against misrule of IBA and union leaders are facing threatening of transfer or rejection in promotion process or posting at critical place or transfer from east to west or from north to south. Obviously reign on injustice will continue unabated until courts impose some punitive action against erring officials and leaders.

 

One more point raised by IBA in their affidavit filed in Madras High Court is that the second option of pension is not mandatory and employee at his will to opt or not to opt for pension. Days are not far when bank will curtail salary of all employees by 50% and give option to employee to continue in service or leave the job. In the initial offer for pension bank did not put any condition and hence there is no logic to put condition of recovery in the present offer of pension.

 

 Union leaders have got no right to damage career of any individual or cause financial loss to any single person, not to speak of 3 lacs employees PF optees. When PF optees have also contributed in pension fund along with pension optees in the past during 7th and 8th  Bipartite Settlement, there is no question of making recovery this time only from PF optees only to bridge the gap of 1800 crores. It is worthwhile to mention here that bank management has saved interest to the tune of 1800 crores by merely delaying the settlement for 30 months. Further bank will earn interest on money recovered from PF optees (total of 1800 crores from PF optees) till the court finally stops such illegitimate deduction.

 

Further when these union leaders called for strike or agitational programme, the same was put in action by all the employees including PF optees and not by PF or pension optees alone. Never in the past, had these union leaders ever told that second option for PF optees will be purchased by paying three months salary to pension fund. Had it been so there was no need to wait for 15 to 17 years, it could have been easily offered by PBA in 1995 itself.

 

When union leaders and IBA both had unanimous view of 1.6 times recovery and they have expressed the same in their separate affidavits, what happened during last two three days that both parties changed their view and agreed for recovery from only PF optees. Such discriminatory agreement pass the test of existing laws and the provision of constitutionally granted fundamental right called as Equality before law.

 

Already bank management has been violating spirit of transfer policy and promotion policy just to please union leaders and to conceal the misdeeds of corrupt executives. Management even does not hesitate to compromise lending policy or ethics behind waiver or comprise settlement with willful defaulters.

 

80% of officers belonging to the state of Jharkhand, Bihar,Orrisa and a few other states are posted outside their parent state and transferred whimsically frequently whereas those of the state of Maharashtra, Tamilnadu  and West Bengal are seldom transferred outside their state for three decades and more. In the name of exigencies of work officers are transferred from one corner to other in clear cut violation of transfer policy. Similarly in the name of interview in promotion processes, higher management in nexus with union leaders promote or reject officers as per their sweet will and thus perpetuating arbitrary rule and reign of injustice.

 

 Now they have jointly committed fraud with PF optees, they have cheated PF optees, they have extended biased benefits to scale four officers at the cost of junior level officers, they have caused loss to senior officers by stagnating them and depriving them of annual increments and what not.......

 

 How long such cruelty will be tolerated is a million dollar question?


How long top executives and CEOs forming IBA will kill their own conscience and commit unethical acts and work against all moral values.

 

 I ask IBA team leaders and veteran trade union leaders to peep into their own mind and heart, try to affirm and reaffirm whether core of their heart permits such divisive and discriminatory agreement. If their heart and soul, their conscience do not allow discrimination , they should at least now rectify their error . It is never too late.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 July 2010

You people are already highly paid and in addition every now and than keep the general public in ransom for demanding more and more. Why you are misusing this site for your personal ends.

Danendra jain (manager)     11 July 2010

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

 

Danendra jain (manager)     17 July 2010

How many Banks have obeyed the stay order of Madras High Court and not recovered 2.8 times of November 2007 salary from PF optees?

 

How many banks have not yet started paying arrears as per 9th BP.?

 

How many banks have issued pension offer till date and if not why have they recovered from PF optees? Already three months are likely to complete after the date of settlement. Why bank is so slow on the issue of pension offer and so fast on the matter of recovery and similarly why union leaders are so anxious on recovery of levy of Rs.3000/ from their members? Union leaders are getting farewell gift of five lacs or ten lacs on their retirement from Union Fund. Is this the way to use hard earned contribution made to Unions and Associations by poorly paid bank employees?

 

Why are employees keeping mum on illegitimate recovery and bent upon getting arrear at the earliest even if it is discriminatory? Why are they afraid of even lodging their protest before accepting arrear payment ?

 

Bank management has signed a historic victory agreement when they have vertically divided the employees in two segments and created an unbridgeable split in banking unity and created dilution in their intensity to fight against the reign of injustice perpetuated by management.

 

And Bank union leaders on the contrary has committed a historic blunder by signing a discriminatory and divisive agreement on 27.04.2010 for some or the other vested interest and clearly betrayed the cause of unity for which they used to struggle under the banner of communist parties.

 

At least pension optees are now in support of the agreement. It hardly matters to most of them how loudly PF optees cries and weeps though in the past they all  always used to be on the same platform and UFBU was also formed for the same purpose. Banking unity was an example in the community of labour class or working class.

 

Banks are not in the grip of flatterers. Those who are yes-men are getting timely promotion and getting best posting and in this way a team of flatterers are generated by bank management who blindly support of all action of the management right or wrong. Even union leaders do not fight against such lollipop like promotions and transfers because they say that ultimately their members are getting promotions and cream posting or choice posting though the same may be at the cost of others genuine right. At least veteran union leaders are enjoying posting in Metros and capital towns, they need not perform bank’s job, they may do their side business, they may take share from dirty dealings in credit decision or contract offers corruption and they may get sweet request from corrupt officers for reduction of punishment and so on. Lastly they may get huge gifts from top branch managers, big bribe earners, big customers and last but not the least huge money from union fund on their retirement and on attending an inquiry from Union Fund.   Similarly union leaders now plead that the said agreement is good in the light of social security though they know and understand from the core of their heart that recovery from PF optees is not justified from any angle of consideration.

 

This is called divide and rule policy. Intelligent, talented, experienced, valued and visionary leaders of bank management who occupy the important seats of core committee of IBM as also that of United Forum of Bank Unions are very well aware and they all realize from the core of their heart that injustice has occurred with PF optees, retirees and those who have resigned. They all know very well that courts cannot deliver justice in decades and decades and this is why they are least bothered of courts also.  They have gained sufficient experience by giving undue promotions to even charge sheeted officers and by rejecting even good officers. In every circular enlisting name of officers getting promotion they used ot mention “subject to court decisions on various writs going on in various courts”

 

In the same way IBA is bent upon making recovery from PF optees subject to court decisions. But at the same time God knows whether they will issue pension offer or not. Reason for not issuing pension offer, bank will say they are waiting decision from courts. It is not surprising at least for me that even so called union leaders are also keeping mum on this matter for which they feel proud and say that the agreement is historic.

Danendra jain (manager)     18 July 2010

Division created by 9th bipartite settlement among bank employees are mostly due to paucity of proper knowledge. Pension optees or PF optees should understand it well that payment of pension is not a third terminal benefit as prevalent in RBI or SBI or other Public Sector Undertaking. Every bank or every public organization or private sector entity which is under obligation to deduct Provident Fund from the salary of their employee is also obliged to contribute equal amount from their expenditure or revenue account. This is called Bank’s contribution to PF in banking industry. Bank is making pension payment out of this fund and not from their pocket or their expenditure account. I do not agree if banks say that there was actual need of sharing the burden during 7th or 8th or 9th Bipartite Settlement. Since union leaders did not make proper calculation and analysis of the facts about the use of funds, they might have agreed to share the burden of pension out of proposed hike in salary during 7th, 8th or 9th Bipartite Settlement. Even if it is assumed that there was shortage of fund or even if banks apprehended that crisis of fund will emerge in future in making payment of pension, it is legal obligation of employer to arrange sufficient fund from their resources, from their expenditure account. Central government provide enough amount in Budget for payment of pension to employees and there was never any hue and cry for the same.Banks were nationalized to serve the society , to fulfill the social obligation ant not to merely earn profit in thousands of crores of rupees every year by exploitation of staff, by curtaining manpower, by stopping increment of employees or by imposing hidden charges on customers or by stopping social welfare lending and indulging in bulk financing to corporate sector. It is known to all that as soon as one employee opts for pension, Bank’s entire contribution made in PF account during entire tenure of one’s service is taken away by bank. Not only this bank is obliged to contribute towards pension fund every month on behalf of every pension optees the amount equal to what an employee contribute towards his PF account. .This accumulated fund from any mathematical angle will be more than enough to make payment of pension to all retirees as per prevalent rate of pension provided banks are honest enough to deposit their equal share regularly for all employees and use the accumulated fund for gain in profitable investment ventures and not loss the money by investing in share market or by keeping the fund idle. It is bitter truth that from any angle of consideration other than social security pension option for an employee was never and never an economically profitable venture and this is why there used to be prolonged debate on this issue in nineties and there was vertical split among employees on this issue. Employees had to resort to strike many times to protest imposition of pension and stopping of bank’s contribution towards PF fund as also return of accumulated PF to bank. Unfortunately Government of India adopted the policy of reformation, liberalization and globalization in the year 1991 and the basic purpose of nationalization of banks changed. Banks became a commercial entity and the element of profit became more important than that of social security. Banks started lending to rich person at low rate of interest and became hesitant to lend poor people even at their PLR or BPLR. They started reducing interest rates on deposits and hence PF optees started feeling or apprehending the pain when they retired. Not only this ,there are crores of senior citizens in our country who are sufferer of this policy of liberalization and due to low interest rate regime because their livelihood were dependent on interest income during their old age. Banks are no more inclined to lend to needy poor people but concentrating entire energy on corporate sector and bulk financing. Banks are no more interested to create employment opportunities. This is why actual number of employees during last twenty years has not gone up inspite of hundred times growth in business and equal growth in branch expansion and addition of non banking services in banks .Exploitation of labour has become a common feature in banking industry as it was prevalent before nationalization of banks. This is why United Forum of Bank Unions treats the 9th Bipartite Settlement as historic that they have won the second offer of pension from bank which has discarded its entire social obligation and adopted policy of looting the money as other private entrepreneurs are doing. It does not astonish to me that prices of all commodities are rising every day and government is finding it difficult to control it. The one and only one reason behind it is that they have given unlimited freedom to private sector and do not want to regulate price, profit makers, hoarders, and adulterators and even erring banks. Regulators of banks are least bothered of bank employees or social security, they also now a days fix profit target and attach much importance on profit and on Return on Assets. Government of India or for that matter, Finance Minister or RBI are least bothered of Quality of assets in banks or health of bank or health of bank employees. Administrators need flattery and gift in return of what they offer to banks and bank officials (including CEOs). We are living in Gift Raj. Banks are undoubtedly gainer only when all are pension optees.After completing 60 years of age in banks and after facing so much work load, so much stress and so much pains caused by corrupt system and corrupt team of officers, one officer will be hardly fit to survive for even five years after retirement. Bitter truth is that death before retirement is increasing year after year. Officers are finding it difficult to keep body fit even after 40 years of age. Officers in general at the age of 40 and above wait for VRS to get rid of tension they face in bank’s job. Even newly recruited employees in banks leave the job in a year of two and go for other job. There is love and dignity left in bank’s job as it earned during seventies and eighties. Union leaders are not that much devoted and not ready to sacrifice any thing for the sake of employees as they used to be before reformation era. Now leaders are always talking of LEVY or threatening members of expulsion from Association or Union if they do not pay levy out of arrear. God knows how union leaders will consume hundreds of crores of rupees collected through this LEVY in addition to normal union fees Time has changed completely. This is why learned advocate Sri Pradeep Yadav of Supreme Court has suggested employees to accept the agreement in present form and be ready for accepting pension and sacrificing what banks are bent upon making recovery from their arrears in lieu of offer of pension to PF optees. There is none to support the cause of PF optees or pension optees in real sense, not even union leaders, not to speak of government of India who won the public vote by making promise of social security. Only recourse to frustrated section of employees is court of law. Unfortunately this judicial course is also so prolonged, cumbersome and costly that one dies before getting justice, not to imagine of justice during service period. Union Fund is therefore growing, pension fund is growing, tax collection is increasing year after but the capacity of bank employees to buy goods is deceasing day by day, year after year. Union is becoming more and more powerful, management is gaining power but the position of employees of bank is becoming pitiable year after after. There is a proverb in Hindi “ Sanp (snake) ke muhan (mouth) me chhuchunder, na ugalte banta hai aur na nigalte banta hai

Danendra jain (manager)     21 July 2010

How many Banks have obeyed the stay order of Madras High Court and not recovered 2.8 times of November 2007 salary from PF optees?

 

Answer is none.

 

How many banks have not yet started paying arrears as per 9th BPS?

 

Answer is none.

 

How many banks have issued pension offer till date and if not why have they recovered from PF optees?

 

Answer: None have offered pension letter, but all have recovered 2.8 times towards pension fund from PF optees.

 

 Already three months are likely to complete after the date of settlement. Why bank is so slow on the issue of pension offer and so fast on the matter of recovery.

 

Similarly why union leaders are so anxious on recovery of levy of Rs.3000/ from their members and not worried for delay in offer of pension?

 

Union leaders are getting farewell gift of five lacs or ten lacs on their retirement from Union Fund. Is this the way to use hard earned contribution made to Unions and Associations by poorly paid bank employees?

 

Each Bank has been waiving hundreds of crores of rupees or sacrificing huge amount in compromise with borrowers who are not repaying loans willfully or who have settings with top officers of the bank. Banks are spending crores of rupees on advocates in contesting cases in courts.

 

But why are they not agreeable on bearing the imaginary load of pension? Please keep in mind that Banks are earning hundreds of crores of rupees as profit by curtailing expenses on manpower only

 

Days are not far when union leaders will distribute accumulated union levy amounting to hundreds of crores of rupees among themselves and ask for separate fee for each case they fight for any aggrieved employee. Union leaders are bigger blackmailers than officials of bank. Is it not true?

 

Are union leaders not more dangerous than our management bosses?

 

I say this because union leaders have threatened to expel officer from their association if they do not pay union levy of Rs.3000/ on account of so called successful historic agreement. Management never dared to issue dismissal threatening to officer employee if they fail to obey any instruction of boss.

 

Bank management has signed a historic victory agreement when they have vertically divided the employees in two segments and created an unbridgeable split in banking unity and created dilution in their intensity to fight against the reign of injustice perpetuated by management.

 

And Bank union leaders on the contrary has committed a historic blunder by signing a discriminatory and divisive agreement on 27.04.2010 for some or the other vested interest and clearly betrayed the cause of unity for which they used to struggle under the banner of communist parties.

 

At least pension optees are now in support of the agreement. It hardly matters to most of them how loudly PF optees cries and weeps though in the past they all  always used to be on the same platform and UFBU was also formed for the same purpose. Banking unity was an example in the community of labour class or working class.

 

Banks are now undoubtedly in the grip of flatterers. Those who are yes-men are getting timely promotion and getting best posting and in this way a team of flatterers are generated by bank management who blindly support of all action of the management right or wrong.

 

Even union leaders do not fight against such lollipop like promotions and transfers because they say that ultimately their members are getting promotions and cream posting or choice posting though the same may be at the cost of others genuine right.

 

At least veteran union leaders are enjoying posting in Metros and capital towns, they need not perform bank’s job, they may do their side business, they may take share from dirty dealings in credit decision or contract offers corruption and they may get sweet request from corrupt officers for reduction of punishment and so on. Lastly they may get huge gifts from top branch managers, big bribe earners, big customers and last but not the least huge money from union fund on their retirement and on attending an inquiry from Union Fund.   Similarly union leaders now plead that the said agreement is good in the light of social security though they know and understand from the core of their heart that recovery from PF optees is not justified from any angle of consideration.

 

This is called divide and rule policy.

 

Intelligent, talented, experienced, valued and visionary leaders of bank management who occupy the important seats of core committee of IBA as also that of United Forum of Bank Unions are very well aware and they all realize from the core of their heart that injustice has occurred with PF optees, retirees and those who have resigned.

 

Banks in general know very well that courts cannot deliver justice in decades and decades and this is why they are least bothered of courts also.  They have gained sufficient experience in Indian courts by giving undue promotions to even charge sheeted officers and by rejecting even good officers. They have invented one line to mention in all promotion letter o safeguard their skin i.e. in every circular enlisting name of officers getting promotion they used to mention “subject to court decisions on various writs going on in various courts”

 

In the same way IBA is bent upon making recovery from PF optees subject to court decisions. But God knows whether they will issue pension offer or not.

 

Reason for not issuing pension offer, bank will say they are waiting decision from courts. It is not surprising at least for me that even so called union leaders are also keeping mum on this matter for which they feel proud and say that the agreement is historic.

 

Last but not the least , banks are making recovery from PF optees for credit in pension fund without even offering pension offer as if employees will late refuse or fly away from bank. Anyway if they credit the said amount in pension fund pr provident fund, what is justification in deducting TDS on such amount because everyone knows very well that credit made in PF or pension fund is eligible for rebate under section 80C under Income tax act?

 

In short, “bank ke dono hath me laddu hai”

And  

PF optees ke muhan me chuchunder hai , na to negalte banta hai aur na ugalte banta hai.

 

I am however unable to understand why are employees keeping mum on illegitimate recovery and bent upon getting arrear at the earliest even if it is discriminatory and even when banks are willfully delaying offer of pension option against the spirit of the said agreement?

 

Why are they afraid of even lodging their protest before accepting arrear payment?

 

 

 

Bank Employee’s Unity Zindabad?

Or

IBA zindabad ?

 

People have killed their inner conscience, ignored moral values and they are fearlessly committing one after other fraud, mistakes and violation of laws only because our judiciary is weak and ineffective.

Satya Narayana Palukuru (Advocates & Mediators.)     23 July 2010

Jain sab

what has happened to ur Madras case after summer vacation?

Any further orders in your writ?

Danendra jain (manager)     25 July 2010

It is a great pleasure that Canara bank has at least and at last realized that they have committed contempt of court by recovering 2.8 times of November 2007 salary inspite of stay granted by Madras High court. It is astonishing that other banks are still silent spectator of what is happening in various courts and without any shame or hesitation filing one after other submission in courts justifying the unjustified, discriminatory, divisive and condemnable clauses of 9th Bipartite settlement which completely goes against the interest of PF optees, retired or serving or resigned ..

 

I take this opportunity to sincerely condemn union leaders who were shamelessly busy in recovery of levy from their members despite the fact that their major portion of arrear was looted by the makers of the said agreement. I once again condemn those union leaders who filed counter affidavit in Madras High court even after mass protest against the said agreement and focused entire energy in making money from their own members and who feel no shame in extending a Farewell gift of five lac rupees to one of union leaders who retired from one of PSU banks in the last month from the fund of union. I condemn union leaders who are growing richer and richer at the cost of hard working members.

 

That is why I like to say that the most painful and disgraceful story is that of union leaders. It is very much disheartening that union leaders  who are meant to fight for the welfare and benefits of employees in general are working against bank employees in nexus with top officials of bank management . A few union leaders sold their moral values in the hands of management and hijacked the unity integrity and militancy of bank employees. These so called protectors have become rather damagers, Munsi Prem Chand ji told " Jab Rakchak hi Bhakchak ban jaye to vinash nishchit hai".

 

Union leaders have damaged us to a great extent and it is their mischievous role that management succeeded in cheating a section of employees. There are many such leaders in banking industry who are earning money even in posting, transfers and in promotion by working in collusion with members of Interview panel. Bank employees have to exert their all efforts to weed out such mischievous leaders and select a really good team of devoted workers. Court cases are practically not possible by any individual when there is unjustified rejection in promotion process or undignified posting or transfer violating even existing transfer policy. But in te present case of whimsical decision in Bipartite Settlement tere aare almost three lac victims of discriminatory attitude of the management. Hence the battle may be long drawn and bitterness may also slowly grow widening the gap between the Pension optees and PF optees.

 

No doubt pension is a social security measure and bank employees fought a long battle for getting another option of pension and ultimately we got it. But none of employees ever thought or ever imagined that they will have to pay 1800 crores of rupees to purchase this option.

 

Anyway I once again salute canara bank employees who initiated the legal battle boldly in Madras, other forums formed to fight against the illegal clause of the said agreement and all employees who directly or indirectly supported the battle against injustice and organizers of various website who made the employees aware and polarized opinion of various stalwarts to make the matter more crystal clear. I hope wisdom and good sense will prevail upon other bank management also and they will also take initiative immediately to refund the recovered money.

 

When a branch head in a bank commits mistake he is punished. An officer in general my be punished even by giving him promotion or by upgrading him if he or she is not flatterer of his or her boss. I am unable to say what will be the suitable punishment for such CEOs, CMDs and GMs who willfully commits such horrendous mistake and who signed on the said agreement which tarnished the image of bankers. Let the punishment be decided by respected courts..


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