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              We have received the following documents from aigboo.co@gmail.com.  The same are being shared with our readers

 

                   ALL INDIA GRAMIN BANK WORKERS ORGANISATION          
                   ALL INDIA GRAMIN BANK OFFICERS ORGANISATION

         (Industrial Federation of Bhartiya Mazdoor Sangh)

                  Central Office : BMS, 2426, Ram Naresh Bhawan, Tilak Gali, Chuna Mandi, Paharganj, New Delhi - 110055

CIRCULAR LETTER No. 13/2011                                                                   Dated : 02-10-2011

  Dear Friends,                                                                                        

                                                                                

                           RAJASTHAN HIGH COURT ORDER MUCH CLEAR AS MILESTONE

                      DIRECTED GOVERNMENT TO EXTEND COMPUTER INCREMENTS &

                      PENSION IN TERMS OF PENSION AGREEMENT DATED 29-10-1993.

 

 CONGRATULATIONS !

 Hon’ble High Court of Rajasthan has disposed off the Writ Petition No.4366 of 2005 on 15^th September,2011 filed by Pensioners Samiti an affiliate of AIGBWO&AIGBOO through it’s General Secretary Shri N.L.Yogi, who had been a founder member of AIGBWO and President of Jaipur Nagaur Gramin Bank Unit of AIGBWO.

 Hon’ble High Court of Rajasthan, Judicature at JODHPUR, in the order dated 15-09-2011, directed the Union Government to extend Computer Increments to the member employees of the petitioner samiti. Hon’ble High Court did not agree to the contention of the respondents denying benefits of  computer increment in view of NABARD Circular of the year 1993. Hon’ble High Court has also maintained that while RRBs have been fully computerized and  the benefit of computer allowance has also been extended denial of Computer Increment is unreasonable.

 

Relevant Para(s) of High Court Order is as under :-

 “In-so-far as the claim for Computer increment is concerned, the objection by the respondents to the same on the ground that in terms of Circular of the year 1993, since the NABARD was of the view that a computer programme in RRBs is planned for 50% of its branches and that infrastructure available in all branches is poor and inadequate cannot be ground for denial of the same. The respondent bank has not indicated the reason why it has not extended the increment that there is full admitted circumstance that there is full computerisation of the bank since May 2007 and that is has extended the benefit of Computer allowance while denying the Computer Increment from that date. Therefore, the petitioners have made out a case for receiving the benefit of Computer increment which was provided to the employees of the sponsor banks. In this view of the matter no discrimination can be made by this Court to deny the said benefit to the member employees of the petitioner Samiti, therefore, while following the said judgment and Verdict of the Hon’ble Supreme Court given in South Malabar Gramin Bank case (supra) this writ petition deserves acceptance.”

In regard to Pension to RRB Employees Hon’ble High Court further maintained that :-

 “ The respondents are directed to take steps to ensure that the modalities are worked out for a pension scheme in line with the pension scheme formulated for the employees of the 58 nationalized banks in terms of the Memorandum of Settlement dated 29.10.1993 at Annexure-3 to the writ petition with such changes as would be appropriate and keeping in line with the present circumstances, including such other relevant criteria that could be reasonably agreed upon in consultation with the employees. Since the petition is pending since the year 2005, the respondents are directed to expedite the process and implement the same within a period of six months from the date of receipt of a copy of this order.”

 

The Orders of Hon’ble High Court are complete and clear in all respects which the Government of India should honour and implement at their earliest. It’s earlier Hon’ble High Court of Karnataka had not passed  order specifically in case of Computer Increment as per GOI view point but now the  Union Government  has nothing to say for denial of the benefit of Computer Increment to RRBs Staff.

 

We have requested the Union Government to implement the order of Hon’ble High Court of Rajasthan at earliest to resolve this long standing demand of the Employees of RRBs keeping in mind that parity could be maintained.

 

We are forwarding herewith the copies of our representation sent to  Ministry of Finance, Government of India and order dated 15-09-2011 of Hon’ble High Court of Judicature for Rajasthan at Jodhpur. Units should also contact their local MP to send their letter to Finance Minister regarding implementation of Pension Scheme 29-10-1993 in RRBs. 
                

                                       VANDEMATARAM !

                                   BHARAT MATA KI JAI

 Brotherly Yours,

(DC SHARMA)

President-AIGBOO

 

**************************************

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
S.B.CIVIL WRIT PETITION NO. 4366 / 2005

PETITIONERS:
1. Gramin Bank Pensioners Samiti
Through its Secretary
Shri N. L. Yogi S/o G. N. Yogi
R/O 115 Raghunath Puri, Kalward Road
Jhotwara, Jaipur , Rajasthan.
2. Krishan Pareek S/o Shri Hari NarainJi Pareek,
Kalyan Kunj, Near Old Bus Stand
Nawa City District Nagaur
VERSUS
RESPONDENT:
Union of India
Through its Secretary
Government of India, Ministry of Finance
Banking Division, Jeevan Deep Building
Parliament Street, New Delhi

2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
: ORDER:
Gramin Bank Pensioners Samiti & Another
Vs. 
Union of India
(S.B. Civil Writ Petition No. 4366/2005)
Date of Order September 15, 2011

PRESENT :
HONBLE MR. JUSTICE GOPAL KRISHAN VYAS

Mr. M. Mridul , Sr. Advocate With Mr. Vinay
Jain for the petitions.
Mr. Kuldeep Mathur for the respondent
 

BY THE COURT:
In this writ petition filed by the petitioners,
Following relief is prayed for:

a) Issue Writ of Mandamus Commanding the respondent to implement the settlement dated 29-10-93 entered into between the Indian Bank Association and Trade Union of the Sponsor Bank to the petitioners who are the retired employees of Regional Rural Banks.
b) Pass any such further order and issue any such directions as this Honble Court may deem fit, proper and just in the special circumstances of the petitioners case.

3 c) Cost of the writ petition may be awarded,

Learned Senior Advocate Mr. M. Mridul , assisted by Mr. Vinay Jain, submits that a bipartite settlement was made on 29.10.1993 between management of 58 nationalized Banks and workmen of All India Bank Employees Association which is Annex.-3 on the record and the said settlement was implemented by 58 Banks. However, the said settlement was not implemented for Regional Rural Banks of the 58 Banks. The Petitioner Samiti and retired employees of Regional Rural Banks of other States preferred writ petitions directly before the Supreme Court under Article 32 of the Constitution of India and petition filed by the petitioner Samiti was registered as Writ Petition (c) No. 199/2005, Gramin Bank Pensioners Samiti Bs. Union of India, in which, on 09.05.2005 Honble Supreme Court passed an order that the petitioners may approach the High Court for redressal of the grievance raised in the petition.
Learned counsel for the petitioners submits that not only the petitioners association by the other association of other States including the All India Rural Banks Employees Association of Kolkata and others preferred Writ petition before the Honble Supreme Court but Honble apex Court declining to interfere in exercise of jurisdiction under Article 32 of the Constitution of India granted opportunity to approach the respective for redressal of the grievance.

Learned counsel for the petitioners submits that in identical situation a petition was filed at Karnataka High Court by All India Regional Rural Banks Employees Association & other , the same was registered as Writ Petition No.20034 of 2003 (S-RES) , in which, final adjudication has been made by the High Court of Karnataka vide Judgment dated 22.03.2011 whereby directions for implementation of the memorandum of settlement dated 29.10.1993, which is Annex.-3 to this writ petition has been made. Further, it is pointed out by Senior Advocate Mr. Mridul that as per verdict of the Honble Supreme Court in the case of South Malabar Gramin Bank Vs. Co-ordination Committee of South Malabar Gramin Bank Employees Union & South Malabar Gramin Bank Officers Federation & Others, reported in (2001) 4 SCC 101, the respondents are under obligation to grant all the benefit of bi-partite settlement to employees of Regional Rural Banks Banks also , therefore , the controversy in the petition is also identical with regard to implementation of the settlement dated 20.10.1993 therefore, same directions as passed by the Karnataka High Court may also be given in this writ petition.

 

Mr. M. Mridul, Sr. Advocate submits that as per judgment of the Supreme Court the respondents are under obligation to implement the settlement dated 29.10.1993 which is arrived at in between 58 nationalized Banks and Union of India for the employee of Regional Rural Banks of the State of Rajasthan also. While inviting attention of this Court towards the decision of the Karnataka High Court upon similar issue it is argued that the judgment of the Karnataka High Court is based upon the 4 judgment of the Supreme Court given in the case or South Malabar Gramin Bank (supra), therefore, the same directions may be issued to the respondents to implement the settlement dated 29.10.1993 for retired employees of Regional Rural Banks of Rajasthan State also. 
Learned Counsel for than the petitioner association is representing the employees of the Regional Rural Banks and settlement Annex.-3 dated 29.10.1993 was arrived at in between nationalized Banks and Union of India , therefore, petitioners cannot claim parity for implementation for the award dated 29.10.1993 for the employees of the sponsored Banks.
After hearing learned counsel for the parties, I have perused the judgment dated 22.03.2011 rendered by the Karnataka High Court in Writ Petition No. 20034 of 2003 (S-RES), so also, judgment of the Honble Supreme Court in South Malabar Gramin Banks case, reported in (2001) 4 SCC 101 and the judgment of All India Regional Rural Banks Officers Federation & Others Vs. Government of India, reported in (2002) 3 SCC 2559.
After perusing aforesaid judgments, I am in full agreement with the adjudication made by the Karnataka High Court in the case of All India Regional Rural Banks Employees Association (supra). While following the judgment of the Supreme Court in South Malabar Gramin Banks case (supra ) and the case of All India Regional Rural Banks Officers Federations case(supra) for implementation of the memorandum of settlement in respect of employees of the sponsored Banks, following direction were given in para 6 for the judgment dated 22.03.2011:

In the light of the above facts and Circumstances, it cannot be said that the endeavour undertaken by the National Industrial tribunal and the opinion expressed by the Supreme Court was to be restricted to bringing about parity in the pay, allowances and other benefits of the employees of RRBs on par with the employees of the sponsor banks. It necessarily would include pensionary benefits as well. It is patent that the employees of the RRBs would derive greater benefit if there is a pension scheme in lieu of the Employees Contributory Provident Fund and the Scheme there-under. But, this would require the Central Government to pass an order apart from the modalities of any such pension scheme being worked out by the management of the RRBs. In the present scenario, when the management in reluctant to formulate any such scheme and pleads that there is no obligation on its part to extend such benefit to the employees of the RRBs, it would be necessary for this Court to direct the Central Government to pass appropriate orders in order to set right the anomaly pertaining to the retirement benefits, availed by the RRBs vis-à-vis the employees of the sponsor banks. It would certainly be justified if the RRBs are exempted from the provisions of the Employees Provident Fund Act, 1952 to bring about parity in pension and other benefits. The effort of the National Industrial Tribunal and the 5 repeated directions of the apex court would not be completely implemented unless this is also carried out.

 

Insofar as the claim for Computer increment is concerned, the objection by the respondents to the same on the ground that in terms of Circular of the year 1993, since the NABARD was of the view that a computer programme in RRBs is planned for 50% of its branches and that infrastructure available in all branches is poor and inadequate cannot be ground for denial of the same. The respondent bank has not indicated the reason why it has not extended the increment that there is full admitted circumstance that there is full computerisation of the bank since May 2007 and that is has extended the benefit of Computer allowance while denying the Computer Increment from that date. Therefore, the petitioners have made out a case for receiving the benefit of Computer increment which was provided to the employees of the sponsor banks.
In this view of the matter no discrimination can be made by this Court to deny the said benefit to the member employees of the petitioner Samiti, therefore, while following the said judgment and Verdict of the Honble Supreme Court given in South Malabar Gramin Bank case (supra) this writ petition deserves acceptance.

 

Accordingly , the writ petition is allowed , The respondents are directed to take steps to ensure that the modalities are worked out for a pension scheme in line with the pension scheme formulated for the employees of the 58 nationalized banks in terms of the Memorandum of Settlement dated 29.10.1993 at Annexure-3 to the writ petition with such changes as would be appropriate and keeping in line with the present circumstances, including such other relevant criteria that could be reasonably agreed upon in consultation with the employees. Since the petition is pending since the year 2005, the respondents are directed to expedite the process and implement the same within a period of six months from the date of receipt of a copy of this order.

                Sd/-
(GOPAL KRISHAN VYAS) J.

 

************************

 

              ALL INDIA GRAMIN BANK WORKERS ORGANISATION  

              ALL INDIA GRAMIN BANK OFFICERS ORGANISATION

         (Industrial Federation of Bhartiya Mazdoor Sangh)

                  Central Office :  2426, Ram Naresh Bhawan, Tilak Gali, Chuna Mandi, Paharganj, New Delhi - 110055

Ref:  AIGBOO/ 141 -142/2011                                                                                Dated: 02-10-2011

 

SH. Pranab Mukherjee

Hon’ble Finance Minister,Govt.of India,

North Block, New Delhi – 110001

 

 

SH. Umesh Kumar

Joint Secretary,

Govt.of India,Ministry of Finance,

Department of Financial Services,

Jeevandeep Building,Parliament Street,

New Delhi – 110001.

 

 Reg.:  TO IMPLEMENT PENSION AGREEMENT 29^th OCTOBER 1993 IN RRBs –               

             ACCEPTING RAJASTHAN HIGH COURT ORDER Dated 15-09-2011.

Dear Sir,

        It is expected much in Regional Rural Banks that one day RRBs staff will be honoured by the Government with the Pension Scheme dated 29-10-1993 as existing in Nationalized Commercial Banks (Sponsor Banks of RRBs). After consideration of the issue by the JCC, Now, it is finally to be decided by the Ministry of Finance, Govt. of India. In recent days, GOI has given a sympathetic as well as genuine touch to this long standing demand of the Officers and Employees of RRBs.

 

       It is learnt from the outcome of the meetings going on in this regard at government levels that the Executives of Sponsor banks and the RRBs are showing adverse position of RRBs to bear exchequer arising on account of at par pension scheme to RRBs staff. In this regard, we would like to explain that up-to the year 1993 almost all RRBs were incurring losses. Now all RRBs are not only earning the profits but also have surpassed their accumulated losses to the tune of Rs.2782 Crore, though, few RRBs of North Eastern Region still have their accumulated losses under reasons.

 

   Respectfully, we would like to say that Profit/Loss is not in the hands of employees but it depends upon geographical conditions as well as policies and parameters as set out by the administration in this respect. Employees of RRBs are working hard in remote far-flung rural areas where even basic amenities are not available. Majority of rural branches of other commercial banks are also incurring losses which compensated by their urban/city branches. If, RRBs have been enshrined with special goal of the government, employees engaged for this purpose should not be deprived off to the benefits as are enjoying by their counterparts. However, we assure you that in near future RRBs will be in the position to bear the expenditure arising out of pension payment as has done in case of surpassing accumulated losses in the past.

                 

 We, humbly urge upon you that Pension case of RRB Employees may please be decided in terms with parity as has been decided by the National Industrial Tribunal  which has been further upheld by the Hon’ble Supreme Court of India vide Judgment dated 31-01-2001 & 07-03-2002.

 

 In this regard, recent order passed by Hon’ble High Court of Rajasthan on dated 15^th September, 2011 in W.P.No. 4366/2005 may also be taken into consideration and accordingly, Computer Increment should also be released to RRBs staff. Copy of Rajasthan High Court Order dated 15-09-2011 is annexed herewith for your kind perusal and necessary action, accordingly.

 

With Regards

Yours Faithfully,

(DC SHARMA)

President-AIGBOO  09418064181