Deepak Ramakrishna Kastoori and others

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TRANSFER PETITION IN SUPREME COURT (Extracts)

VENKATESH SHRIYAN shriyanvenky@yahoo.com has sent us the copy of the transfer petition filed in Supreme Court by advocate Jyoti so that the cases pending in various High Courts can be heard at Supreme Court and time being gained by IBA and Government of India is reduced and a decision is arrived at an early date

IN THE SUPREME COURT OF INDIA

ORDINARY ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. _________ OF 2011

(UNDER ARTICLE 139 A OF THE CONSTITUTION OF INDIA)

In the matter of

Deepak Ramakrishna Kastoori and others … Petitioners

Versus

Union of India and Others … Respondents

SYNOPSIS AND LIST OF DATES

The present Transfer Petition is being filed by the Petitioner seeking transfer of seven petitions pending before different High Courts to this Hon’ble Court and hear the petitions together since the issues involved in these petitions are the same and the question of law raised in these petitions are also the same. This transfer petition is being seek to transfer Writ Petition No 12269 of 2010 titled Canara bank Workers Union (Regd.) and others versus Union of India and others pending before Hon’ble High Court of Judicature at Madras; S.B. Civil Writ Petition No 11861 of 2010 titled All Bank Employees PF optees Society and others versus Union of India and others pending before Hon’ble High Court of Judicature for Rajasthan at Jaipur; Civil Writ Petition No 6008 of 2010 titled Ajit Puri and others verus Uco Bank and others pending before Hon’ble High Court of Himachal Pradesh at Shimla; PIL No 99 of 2010 pending titled Deepak Ramakrishna Kastoori versus Union of India and others before Hon’ble High Court of Judicature at Bombay; Writ Petition No 21505 (W) of 2010 titled Bank Employees’ Unity Forum of West Bengal and others versus Union of India and others pending before Hon’ble High Court at Calcutta; Writ Petition No 35355 – 35361 titled G Channaramakrishna and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Bengaluru; Writ Petition No 1772 (S/B) of 2010 titled Akhil Bhartiya Bank Karmi Jagruk Sagharsh Sangh and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court of Judicature at Allahabad, Lucknow Bench; Writ Petition No 64 (W) of 2011 titled Sri Chitta Ranjan Sen versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Calcutta.

These petitions impugn clause 1 of the “Terms of Settlement” arrived at between Indian Bank Association and the representatives’ of the workers union, which is part of Memorandum of settlement dated 27.0.2010; and clause 1 of the Joint Note of agreed conclusions between the Indian Bank Association and representatives of the Officers’ Associations. These Petitions also impugn clause 32 of the 9^th Bipartite wage Settlement dated 27.04.2010 between the Managements of 46 banks represented by Indian Banks’ Association and their workmen represented by the All India Bank Employees’ Association, National Confederation of Bank Employees, Bank Employees’ Federation of India, Indian National Bank Employees’ Federation and National Organisation of Bank Workers 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; and the Joint Note on agreed conclusions dated 27.08.2010, reached between Indian Banks’ Association on behalf of the management of 46 banks and All India Bank Officers’ Confederation, All India Bank Officers’ Association, Indian National Bank Officials’ Congress and National Organisation of Bank Officers.

These clauses require the bank employees- workers and officers alike- who had earlier opted for Contributory Provident Fund Scheme and subsequently opted for Pension scheme after the date of settlement dated 27.04.2010; to contribute 2.8 times of their revised pay payable for the month of November 2007 to the corpus created for the benefit of pension whereas the earlier pension optees does not have to contribute towards the said corpus in addition to surrendering of entire Banks’ Contribution to Provident Fund. The said clause also requires the retired employees to pay an additional contribution of 56% over and above the amount of Bank’s contribution to the Provident fund.

By way of the petitions filed in different High Courts, the Petitioners therein, have sought the directions in the nature of writ of mandamus to quash the clauses of the 9^th Bipartite wage Settlement dated 27.04.2010 and the Joint Note on agreed conclusions dated 27.04.2010.

The Petitions filed by various Petitioners in different High Courts deal with same issue and the legal issue involved are also same. In order to avoid any conflicting decisions on this issue and to seeing the nationwide implication of the settlement note throughout the country affecting the bank employees of different banks, the issue requires to be heard and decided by this Hon’ble Court. Hence the Petitioner seeks to transfer all these petitions to be transferred to this Hon’ble Court and heard together.

LIST OF DATES

Date		Event
1995	:	Exercising the powers conferred under section 19 (2) (f) of the Banking Companies (acquisition and transfer of Undertakings) act, 1970/1980, 20 nationalised banks framed their respective Employees’ Pension Regulation Scheme, 1995 after consulting the Reserve Bank of India. All these Pension schemes were identical.
1999	:	The Pension Schemes by the banks were amended accordingly to forego the provision of forfeiture of the past service in case of the employee having gone on strike. As a result, very few employees got the benefit of the Pension Scheme.
27.03.2000	:	In terms of the settlement between the employees unions/associations and the Indian Banks Association, even non- pension optees were made to contribute to the pension fund from their wages with effect from March 1997.
2000	:	Voluntary Retirement Scheme was floated by all Nationalised banks covering all employees who have completed 15 years of service.
1999-2000	:	7^th Bipartite settlement was entered into.
2005	:	8^th Bipartite settlement was entered into.
27.11.2009	:	Memorandum of Understanding between Indian Bank Association and United Forums of Bank Unions was signed to give fresh opportunity to the bank employees to opt for the second option for pension.
27.04.2010	:	9^th Bipartite settlement was entered into. Indian Bank Association and the various Employees Unions entered into a fresh settlement, which is the subject matter of these petitions, by which the employees were to be given another chance to opt for the second option for pension under Regulation of 1995. According to the Settlement and the Joint Note, both dated 27.04.2010, the employees to whom the option for pension has to be extended has to pay an additional amount of 2.8 times of the revised pay of November 2007 to the contributory pension fund in addition to surrendering of entire Banks’ Contribution to Provident Fund. By way of the settlements, those, who have already retired had to pay an additional contribution of 56% over and above the amount of Bank’s contribution to the Provident fund.
07.06.2010	:	Challenging the agreements, Writ Petition No 12269 of 2010 titled Canara bank Workers Union (Regd.) and others versus Union of India and others was filed and is currently pending adjudication before Hon’ble High Court of Judicature at Madras.
August, 2010	:	Challenging the agreements, S.B. Civil Writ Petition No 11861 of 2010 titled All Bank Employees PF optees Society and others versus Union of India and others was filed and is currently pending adjudication before Hon’ble High Court of Judicature for Rajasthan at Jaipur.
19.09.2010	:	Challenging the agreements, Civil Writ Petition No 6008 of 2010 titled Ajit Puri and others verus Uco Bank and others was filed and is still pending adjudication before Hon’ble High Court of Himachal Pradesh at Shimla.
27.09.2010		Challenging the agreements, PIL No 99 of 2010 pending titled Deepak Ramakrishna Kastoori versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court of Judicature at Bombay.
06.10.2010		Challenging the agreements, Writ Petition No 21505 (W) of 2010 titled Bank Employees’ Unity Forum of West Bengal and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Calcutta.
08.11.2010		Challenging the agreements, Writ Petition No 35355 – 35361 titled G Channaramakrishna and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Bengaluru.
15.11.2010		Challenging the agreements, Writ Petition No 1772 (S/B) of 2010 titled Akhil Bhartiya Bank Karmi Jagruk Sagharsh Sangh and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court of Judicature at Allahabad, Lucknow.
24.12.2010		Challenging the agreements, Writ Petition No 64 (W) of 2011 titled Sri Chitta Ranjan Sen versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Calcutta.
	:	Hence this Transfer Petition is filed before this Court to bring all these petitions together to the Hon’ble Supreme Court to avoid any conflicting decisions by different High Courts on the same issue.

IN THE SUPREME COURT OF INDIA

ORDINARY ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. _________ OF 2011

(UNDER ARTICLE 139 A OF THE CONSTITUTION OF INDIA)

In the matter of

Deepak Ramakrishna Kastoori

17/01/01, Bhawani Nagar,

Marol- Maroshi Road,

Andheri (E), Mumbai- 400059

Petitioner No. 1

Prakash G Vichare

2, Pallavi Appartments

Near Fish Market, Kajupada

Borivali (E), Mumbai- 400066

Petitioner No. 2

Vasant A Savant

B/401, Anand Shivalaya CHS Ltd.

N L Comples Anand Nagar

Dahisar (E), Mumbai- 400068

Petitioner No. 3

Venkatesh S Shriyan

Chhya Shanti Nagar CHS

Sector No 2 B/5, Flat No. 103,

Shanti Nagar, Mira Road (E),

Maharashtra- 401107

Petitioner No. 4

Dattattrey K Kulkarni

101, Abhay Deep CHS

Behind DNC School

Nandivali Road, Dombivali (E)- 421201

Petitioner No. 5

Navinkumar Sunder Amin

3, Shanti Nivas (Ground Floor)

Dr. Atmaram Rangnekar Marg

(French Bridge), Mumbai- 400007

Petitioner No. 6

Pradeep Achyut Joshi

B/5 Durankur CHS

Plot No. RX 31 & 32

MIDC Residential Zone

Dombivali, Dist.: Thane- 421203

Petitioner No. 7

Lata Vithal Sable

Dattatrey Colony

Chawal No. 9, Room No. 9

Near Birla College

Kalyan E) Thane

Petitioner No. 8

G Channaramakrishna

83, Old Channasandra Road

Doddabansawadi

Bangalore- 560043

Petitioner No. 9

10.

K R Srinivasa

Kamasamudram

Bangarapet Taluk

Kolar- 563129

Petitioner No. 10

11.

P A Jos

No. 375, 12^th Cross, Pilliana Garden,

3^rd Stage, Bangalore- 560045

Petitioner No. 11

12.

H N Suresh Moorthy

No. 63 3^rd Cross

RMS Layout, Sanjaynagar

Bangalore-560094

Petitioner No. 12

13.

G Shivakumar

24, Anjumane

1^st Cross, Pashim County

Abbigere, Bangalore- 560090

Petitioner No. 13

14.

Barnard Fonseca

2, Raghavappa gardens

Cox Town, Jeevanahalli

Bangalore- 560005

Petitioner No. 14

15.

Smt Chandrika

17/12, 9^th Main

Kallapa Block, Srinagar

Bangalore- 560050

Petitioner No. 15

Versus

Union of India

(Through its Secretary)

Ministry of Finance

North Block, New Delhi-110001

Respondent No. 1

Secretary, Financial Services,

Ministry of Finance,

Govt. of India, Jeevan Deep Building,

Parliament Street, New Delhi 110001

Respondent No. 2

Governor, Reserve Bank of India,

Central Office

Shaheed Bhagat Singh Road

Mumbai- 400001

Respondent No. 3

Indian Banks Association,

(Rep. by its Chairman)

World Trade Centre,

6th Floor, Centre 1, Cuffe Parade,

Mumbai - 400005

Respondent No. 4

All India Bank Employees' Association (AIBEA),

Rep. by its General Secretary,

Singapore Plaza

164, Linghi Chetty Street, Chennai - 600 001

Respondent No. 5

National Confederation of Bank Employees (NCBE),

Rep. by its General Secretary,

C/o State Bank of India-L H O, 3rd Floor

Bhadra, Lal Dharwaja

Ahmedabad - 380 001

Respondent No. 6

Bank Employees' Federation of India (BEFI),

Rep. by its General Secretary,

Naresh Paul Centre

53 Radha Bazar Lane (First Floor)

Kolkota - 700 001

Respondent No. 7

Indian National Bank Employees' Federation (INBEF),

Rep. by its General Secretary,

Bajaj Bhawan- I Floor

Nariman Point, Mumbai - 400 021

Respondent No. 8

National Organisation of Bank Workers' (NOBW),

Rep. by its General Secretary,

Ram Naresh Bhawan, Tilak Gali

Chuna Mandi, Pahar Ganj

New Delhi - 110 055

Respondent No. 9

10.

Canara Bank Workers Union (Regd.)

Rep. By its General Secretary,

Chennai Office: 34/1 North Mada Street,

Nungambakkam, Chennai – 600 034

Respondent No. 10

11.

All Bank Employees PF Optees Societies

(through its Secretary R.P. Purohit)

R/o 2/297, Vidyadhar Nagar, Jaipur.

Presently working as Dy. Manager, SBBJ,

LCPC, SMS Highway, Jaipur.

Respondent No. 11

12.

All India Bank Officers’ Confederation (AIBOC),

(Represented by its General Secretary)

State Bank Building,

St. Marks Road, Bangalore – 560001

Respondent No. 12

13.

All India Bank Officers’ Association (AIBOA),

(Represented by its General Secretary)

A.K. Nayak Bhawan,

14 IInd Line Beach, IInd Floor,

Behind G.P.O., Chennai – 600001

Respondent No. 13

14.

Indian National Bank Officers Congress (INBOC)

(Represented by its General Secretary)

C/o Bank of Baroda,

3, Walchandra Hirachandra Marg,

Ballard Estate, Mumbai – 400001

Respondent No. 14

15.

National Organisation of Bank Officers (NOBO)

(Represented by its General Secretary)

03 Nakshatra Apartment

Plot No. 22, Sriram Society,

Warje, Pune - 41 1058

Respondent No. 15

16.

State Bank of Bikaner & Jaipur,

(Represented by its Chairman)

Head Office Tilak Marg, Jaipur

Respondent No. 16

17.

Bank of Rajasthan Ltd.,

(Represented by its Chairman)

Head Office Patel Marg,

‘C’ Scheme, Jaipur

Respondent No. 17

18.

Central Bank of India,

(Represented by its Chairman)

Head Office Chandra Mukhi,

Nariman Point, Mumbai

Respondent No. 18

19.

Bank of Baroda,

(Represented by its Chairman)

Corporate Centre, C-28, Block,

Bandra Kurla Complex,

Bandra East, Mumbai – 400 051

Respondent No. 19

20.

Union Bank,

(Represented by its Chairman)

Head Office, 239, Vidhan Bhawan Marg,

Nariman Point, Mumbai

Respondent No. 20

21.

Syndicate Bank,

(Represented by its Chairman)

Head Office: Manipal – 576104. (Karnataka)

Respondent No. 21

22.

Punjab National Bank,

(Represented by its Chairman)

Head Office, 7, Bhikaji Cama Place,

New Delhi – 110066

Respondent No. 22

23.

Allahabad Bank,

(through its Chairman and Managing Director),

Head Office, Netaji Subhash Road, Kolkata.

Respondent No. 23

24.

Andhra Bank,

(through its Chairman and Managing Director)

Head Office, Dr. Pattabhi Bhawan,

5-9-11-Secretariat Road, Sai, Hyderabad

Respondent No. 24

25.

Bank of India,

(through its Chairman and Managing Director)

Head Office, Star House,

C-5, G-Block, Bandra Kurla Complex,

Bandra, Mumbai

Respondent No. 25

26.

Bank of Maharashtra,

(through its Chairman and Managing Director)

Head Office Lok Mangal,

1501 Shivaji Nagar, Pune

Respondent No. 26

27.

Canara Bank,

(through its Chairman and Managing Director)

Head Office, 1 12, Jayacharamarajendra Road,

Banguluru

Respondent No. 27

28.

Corporation Bank,

(through its Chairman and Managing Director)

Head Office, Mangal Devi Temple Road,

Pandeshwar, Mangalore (Karnataka)

Respondent No. 28

29.

Dena Bank,

(through its Chairman and Managing Director)

Dena Corporate Centre,

C-10, G-Block, Bandra Kurla Complex,

Bandra East, Mumbai

Respondent No. 29

30.

Indian Bank,

(through its Chairman and Managing Director)

Head Office, 66 Rajaji salai

Chennai

Respondent No. 30

31.

Indian Overseas Bank,

(through its Chairman and Managing Director)

Central Office, 63, Annasalai,

Chennai

Respondent No. 31

32.

Punjab National Bank,

(through its Chairman and Managing Director)

Head Office, 7, Bhikaji Cama Place,

R.K. Puram, New Delhi

Respondent No. 32

33.

Punjab and Sindh Bank,

(through its Chairman and Managing Director)

Head Office, Rajendra Place, New Delhi

Respondent No. 33

34.

UCO Bank

(through its Chairman and Managing Director)

Head Office, 10 BTN Snrani,

Brabourne Road, Kolkata

Respondent No. 34

35.

Zonal Manager

Uco Bank,

Zonal Office Shimla,

Himland Hotel Building, Shimla, (H. P)

Respondent No. 35

36.

United Bank of India,

(through its Chairman and Managing Director)

Head Office, United Bank of India Building,

5lh Floor, 11, Hemant Basu,

Sarani, Kolkata

Respondent No. 36

37.

Union Bank of India,

(through its Chairman and Managing Director)

Head Office, Union Bank Bhawan

239 Vidhan Bhawan Marg,

Nariman Point, Mumbai

Respondent No. 37

38.

Vijaya Bank,

(through its Chairman and Managing Director)

Head Office, 41/2, MG Road,

Trinity Circle, Banguluru

Respondent No. 38

39.

Oriental Bank of Commerce,

(through its Chairman and Managing Director)

Head Office: E Block, Connaught Place, New Delhi

Respondent No. 39

40.

Akhil Bhartiya Bank Karmi Jagruk Sangharsh Sangh, (throrgh its treasurer Siddharth Nath)

1,-1/114, Vincet Khand,

Gomti Nagar, Lucknow-226010, Uttar Pradesh

Respondent No. 40

41.

P.K. Mohanty

S/o Late Shri Nityanand Mohanty,

A-14, SBBJ Officers Flat,

Jyoti Nagar, Jaipur

Presently working as Chief Manager,

State Bank of Bikaner and Jaipur (SBBJ),

Head Office, Jaipur

Respondent No. 41

42.

Lalit Kumar Sharma

S/o Late Shri Ramji Lal Sharma,

R/o C-196, Shashtri Nagar,Jodhpur.

Presently working as Dy. Manager,

State Bank of Bikaner and Jaipur (SBBJ),

Reg-3, 20, Jodhpur

Respondent No. 42

43.

Gopal Lal Morya

S/o Shri Dhanna Lal Morya,

4/43, Jagannath Puri,

Kalwar Road,

Jhotwara, Jaipur

Respondent No. 43

44.

Arvind Pareek

S/o Shri Durga Prasad Pareek,

C-25, Vikas Marg, Sethi Colony,Jaipur.

Presently working as Officer,

The Bank of Rajasthan Ltd.,

Mansarovar Branch, Jaipur

Respondent No. 44

45.

Umesh Papdiwal

S/o Late Shri Nathu Lalji Papdiwal,

2363, Moti Singh Bhomiyon Ka Rasta

IInd Cross, Johri Bazar, Jaipur.

Presently working as C.T.O.,

Bank of Baroda, 22 Godown, Jaipur

Respondent No. 45

46.

Ravi Yadav

S/o Karan Singh Yadav,

87, Vivek Vihar, Sodala, Jaipur.

Presently working as Computer Operator,

Union Bank of India, Overseas Branch, Jaipur

Respondent No. 46

47.

Ashok Kumar Papdiwal

S/o Late Shri Surajmal Papdiwal,

R/o A-286, Triveni Nagar, Jaipur.

Presently working as C.T.O.,

Syndicate Bank, Sethi Colony, Jaipur

Respondent No. 47

48.

Santosh Kumar Gupta

S/o Goverdhan Prasad Gupta,

R/o 10/1195, Joshion Ka Mohalla,

Kalwar Road, Jaipur

Presently working as Officer,

Syndicate Bank, Ser Branch, Jaipur

Respondent No. 48

49.

Satish Sharma

S/o Shyam Sunder Sharma,

R/o 367-A, Rajni Vihar,

Hirapura, Jaipur.

Presently working as C.T.O.

Punjab National Bank, Tonk Road, Jaipur

Respondent No. 49

50.

Thawar Mal

S/o Late Shri Udmi Ram,

R/o B-84, Budh Vihar, Alwar.

Presently working as Officer

Punjab National Bank,

Tonk Road, Jaipur

Respondent No. 50

51.

Sudhir Miglani

S/o Suraj prakash Miglani,

R/o 312, Raja Park,

Gali No.6, Jaipur.

Presently working as Special Assistant,

UCO Bank, Jawahar Nagar, Jaipur

Respondent No. 51

52.

Rajendra Kumar

S/o Manphool Singh,

R/o House No. 50,

Near Ram Nagar, Goner Road, Jaipur.

Presently working as Head Cashier,

UCO Bank, Agra Road, Jaipur

Respondent No. 52

53.

Rama Kant Sharma

S/o Shri Jagdish Prasad Sharma,

R/o 65/341, Ganga Marg,

V.T. Road, Mansarovar, Jaipur

Respondent No. 53

54.

Rajeev Mohan,

S/o Shri Shiva Mohan,

R/o C-1 089, Mahanagar,

Sector-A, Lucknow

Respondent No. 54

55.

Anil Kumar Bajpai,

S/o Shri K..S. Bajpai,

R/o 2/74, Vijyant Khan

Goomti Nagar, Lucknow.

Respondent No. 55

56.

Vilas Moghe,

S/o Late Shri J.P. Moghe,

R/o H-13-D sector D,

LDA Colony, Kanpur Road, Lucknow

Respondent No. 56

57.

Ajit Puri

S/o Sh. Dharam Vir Puri

R/o Kandhaghat

Tehsil – Kandhaghat, District Solan, H.P.

Respondent No. 57

58.

Nandi Ram Kashyap

S/o Sh. Durga Ram

R/o Kandhaghat

Tehsil- Kandhaghat, District Solan, H.P.

Respondent No. 58

59.

Khem Ram Sharma

S/o Sh. Salig Ram

R/o Chandni Bhawan

Tank Road, Solan, H.P.

Respondent No. 59

60.

Ranjeet Singh Katoch

S/o Sh. P. C. Katoch,

R/o Kandhaghat

Tehsil Kandhaghat,

District Solan, H. P.

Respondent No. 60

61.

Kamal Verma

S/o Sh. M. R. Verma

R/o Verma Kutir,

Kachi Ghati Shimla,

Tehsil and District Shimla.

Respondent No. 61

62.

Y. K. Vaidya

S/o Sh. K. B. Vaidya

R/o G-4, Knolls Wood,

H. P. Housing Board Colony,

Shimla – 2 (H. P.)

Respondent No. 62

63.

Suresh Sood

S/o Sh. Amar Nath Sood

R/o 54 A, Sector 1,

New Shimla, Tehsil and District Shimla (H. P.)

Respondent No. 63

64.

Shri Chitta Ranjan Sen

S/o Late Gunadhar Sen,

R/o 33/B, Chakraberia Road (South),

Police Station Bhawanipore,

Calcutta – 700 025

Respondent No. 64

65.

Bank Employees’ Unity forum, West Bengal,

having its Registered office at

77/2/1, Lenin Sarani

Kolkata – 700 013

Respondent No. 65

66.

General Secretary, Bank Employees’ Unity forum,

West Bengal, having its Registered office at

77/2/1, Lenin Sarani, Kolkata – 700 013

Respondent No. 66

67.

All India Uco Bank Employees’ Unity Forum

having its office at 77/2/1. Lenin Sarani

Kolkata – 700 013

Respondent No. 67

68.

General Secretary

All India Uco Bank Employees’ Unity Forum

having its at 77/2/1, Lenin Sarani

Kolkata – 700 013

Respondent No. 68

69.

Krishna Gouranga Saha

Computer Operator (since retired)

Bank of Baroda

Residing at 1, Nepal Bhattacharya Street

Kolkata – 700 026

Respondent No. 69

70.

Mahadev Ghosh,

Computer Operator (Since retired)

United Bank of India

Residing at 14D, Jahura Bazar Lane

Kolkata – 700 042

Respondent No. 70

71.

Binoy Kumar Ganguly,

Computer Operator

UCO Bank

Residing at 31, School Road

Kolkata – 700 093

Respondent No. 71

72.

Amareshwar Bhattacharjee

Special Assistant (since retired)

UCO Bank

Residing at 74, Debia

Puskar Road Hind Motor

Hooghly Pin Code – 712 233

Respondent No. 72

73.

Purnendu Biswas,

Clerk UCO Bank

Residing at 526, Provash Pully

P.O. – Ichapur,

Dist. North 24 Parganas Pin – 743144

Respondent No. 73

74.

Sri R Radhakrishnan,

S/o Sri N.S. Rajabathar

34 North Mada Street, Nungambakkam

Chennai-600 03

Respondent No. 74

75.

Ms Bharti Umesh Naik

1/1 Sumer Nagar

S V RoaD, Borivali (West)

Mumbai- 400092

Respondent No. 75

All are contesting respondents

TRANSFER PETITION UNDER ARTICLE 139A OF THE CONSTITUTION OF INDIA READ WITH SECTION 25 OF THE

CODE OF CIVIL PROCEDURE, 1908

Hon’ble Chief Justice of India and

His Companion Justices

Supreme Court of India

THE HUMBLE PETITION OF

THE PETITIONER ABOVE NAMED

Most Respectfully showeth:

1. The present Transfer Petition is being filed by the Petitioner seeking transfer of eight petitions pending before different High Courts in different states to this Hon’ble Court and hear these petitions together since the issues involved in these petitions are the same and the question of law raised in these petitions are also the same. This transfer petition is being seek to transfer to this Hon’ble Court, inter alia, following petitions filed in different High Courts in different states seeking same relief impugning clause 32 of the 9^th Bipartite wage Settlement dated 27.08.2010:

i. Writ Petition No 12269 of 2010 titled Canara bank Workers Union (Regd.) and others versus Union of India and others pending before Hon’ble High Court of Judicature at Madras

ii. S.B. Civil Writ Petition No 11861 of 2010 titled All Bank Employees PF optees Society and others versus Union of India and others pending before Hon’ble High Court of Judicature for Rajasthan at Jaipur

iii. Civil Writ Petition No 6008 of 2010 titled Ajit Puri and others verus Uco Bank and others pending before Hon’ble High Court of Himachal Pradesh at Shimla

iv. PIL No 99 of 2010 pending titled Deepak Ramakrishna Kastoori versus Union of India and others before Hon’ble High Court of Judicature at Bombay

v. Writ Petition No 21505 (W) of 2010 titled Bank Employees’ Unity Forum of West Bengal and others versus Union of India and others pending before Hon’ble High Court at Calcutta

vi. Writ Petition No 35355 – 35361 titled G Channaramakrishna and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Bengaluru

vii. Writ Petition No 1772 (S/B) of 2010 titled Akhil Bhartiya Bank Karmi Jagruk Sagharsh Sangh and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court of Judicature at Allahabad, Lucknow Bench

viii. Writ Petition No 64 (W) of 2011 titled Sri Chitta Ranjan Sen versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at CalcuttaWrit Petition No 12269 of 2010 pending before Hon’ble High Court of Judicature at Madras

2. These petitions impugn clause 1 of the “Terms of Settlement” arrived at between Indian Bank Association and the representatives’ of the workers union, which is part of Memorandum of settlement dated 27.0.2010; and clause 1 of the Joint Note of agreed conclusions between the Indian Bank Association and representatives of the Officers’ Associations. These Petitions also impugn clause 32 of the 9^th Bipartite wage Settlement dated 27.04.2010 between the Managements of 46 banks represented by Indian Banks’ Association and their workmen represented by the All India Bank Employees’ Association, National Confederation of Bank Employees, Bank Employees’ Federation of India, Indian National Bank Employees’ Federation and National Organisation of Bank Workers 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; and the Joint Note on agreed conclusions dated 27.08.2010, reached between Indian Banks’ Association on behalf of the management of 46 banks and All India Bank Officers’ Confederation, All India Bank Officers’ Association, Indian National Bank Officials’ Congress and National Organisation of Bank Officers. True copy of the Joint Note dated 27.04.2010 and true copy of the 9^th Bipartite wage Settlement dated 27.04.2010 is annexed herewith and marked as Annexure P-1 (Colly) (Page ___ to ____).

3. These clauses require the bank employees- workers and officers alike- who had earlier opted for Contributory Provident Fund Scheme and subsequently opted for Pension scheme after the date of settlement dated 27.04.2010; to contribute 2.8 times of their revised pay payable for the month of November 2007 to the corpus created for the benefit of pension whereas the earlier pension optees does not have to contribute towards the said corpus in addition to surrendering of entire Banks’ Contribution to Provident Fund. The said clause also requires the retired employees to pay an additional contribution of 56% over and above the amount of Bank’s contribution to the Provident fund.

4. Challenging the agreements, Writ Petition No 12269 of 2010 titled Canara bank Workers Union (Regd.) and others versus Union of India and others was filed and is currently pending adjudication before Hon’ble High Court of Judicature at Madras. A copy of the Writ Petition No 12269 of 2010 titled Canara bank Workers Union (Regd.) and others versus Union of India and others pending before Hon’ble High Court of Judicature at Madras dated 07.06.2010 is annexed herein and marked as Annexure P-2 (Page ___ to ____).

5. Challenging the agreements, S.B. Civil Writ Petition No 11861 of 2010 titled All Bank Employees PF optees Society and others versus Union of India and others was filed and is currently pending adjudication before Hon’ble High Court of Judicature for Rajasthan at Jaipur. A copy of the S.B. Civil Writ Petition No 11861 of 2010 titled All Bank Employees PF optees Society and others versus Union of India and others pending before Hon’ble High Court of Judicature for Rajasthan at Jaipur dated August 2010 is annexed herewith and marked as Annexure P-3 (Page ___ to ____).

6. Challenging the agreements, Civil Writ Petition No 6008 of 2010 titled Ajit Puri and others verus Uco Bank and others was filed and is still pending adjudication before Hon’ble High Court of Himachal Pradesh at Shimla. A copy of the Civil Writ Petition No 6008 of 2010 titled Ajit Puri and others verus Uco Bank and others pending before Hon’ble High Court of Himachal Pradesh at Shimla dated 1.09.2010 is annexed herewith and marked as Annexure P-4 (Page ___ to ____).

7. Challenging the agreements, PIL No 99 of 2010 pending titled Deepak Ramakrishna Kastoori versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court of Judicature at Bombay. A copy of the PIL No 99 of 2010 pending titled Deepak Ramakrishna Kastoori versus Union of India and others before Hon’ble High Court of Judicature at Bombay dated 27.09.2010 is annexed herewith and marked as Annexure P-5 (Page ___ to ____).

8. Challenging the agreements, Writ Petition No 21505 (W) of 2010 titled Bank Employees’ Unity Forum of West Bengal and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Calcutta. A copy of the Writ Petition No 21505 (W) of 2010 titled Bank Employees’ Unity Forum of West Bengal and others versus Union of India and others pending before Hon’ble High Court at Calcutta dated 06.10.2010 is annexed herewith and marked as Annexure P-6 (Page ___ to ____).

9. Challenging the agreements, Writ Petition No 35355 – 35361 titled G Channaramakrishna and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Bengaluru. A copy of the Writ Petition No 35355 – 35361 titled G Channaramakrishna and others versus Union of India and others pending before Hon’ble High Court at Bengaluru dated 08.11.2010 is annexed herewith and marked as Annexure P-7 (Page ___ to ____).

10. Challenging the agreements, Writ Petition No 1772 (S/B) of 2010 titled Akhil Bhartiya Bank Karmi Jagruk Sagharsh Sangh and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court of Judicature at Allahabad, Lucknow Bench. A copy of the Writ Petition No 1772 (S/B) of 2010 titled Akhil Bhartiya Bank Karmi Jagruk Sagharsh Sangh and others versus Union of India and others pending before Hon’ble High Court of Judicature at Allahabad, Lucknow Bench is annexed herewith and marked as Annexure P-8 (Page ___ to ____).

11. Challenging the agreements, Writ Petition No 64 (W) of 2011 titled Sri Chitta Ranjan Sen versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Calcutta. A copy of the Writ Petition No 64 (W) of 2011 titled Sri Chitta Ranjan Sen versus Union of India and others pending before Hon’ble High Court at Calcutta dated 24.12.2010 is annexed herewith and marked as Annexure P-9 (Page ___ to ____).

12. By way of the petitions filed in different High Courts, the Petitioners therein, have sought the directions in the nature of writ of mandamus to quash the clauses of the 9^th Bipartite wage Settlement dated 27.04.2010 and the Joint Note on agreed conclusions dated 27.04.2010.These petitions impugns the clause 32 of the 9^th Bipartite wage Settlement dated 27.04.2010 between the Managements of 46 banks represented by Indian Banks’ Association and their workmen represented by the All India Bank Employees’ Association, National Confederation of Bank Employees, Bank Employees’ Federation of India, Indian National Bank Employees’ Federation and National Organisation of Bank Workers 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; and the Joint Note on agreed conclusions dated 27.04.2010, reached between Indian Banks’ Association on behalf of the management of 46 banks and All India Bank Officers’ Confederation , All India Bank Officers’ Association, Indian National Bank Officials’ Congress and National Organisation of Bank Officers.

13. The Petitions filed by various Petitioners in different High Courts deal with same issue and the legal issue involved are also same. In order to avoid any conflicting decisions on this issue and to seeing the nationwide implication of the settlement note throughout the country affecting the bank employees of different banks, the issue requires to be heard and decided by this Hon’ble Court. Hence the Petitioner seeks to transfer all these petitions to be transferred to this Hon’ble Court and heard together.

BACKGROUND OF THE CASE

14. In the year 1995, exercising the powers conferred under section 19 (2) (f) of the Banking Companies (acquisition and transfer of Undertakings) act, 1970/1980, 20 nationalised banks framed their respective Employees Regulation Scheme, 1995 after consulting the Reserve Bank of India. All these Pension schemes were identical. One of the provisions of the pension scheme was that the employees will forfeit her past services, if they go on any strike. Hence, this pension scheme was not opted by many of the employees.

15. In 1999, the Pension Schemes by the banks were amended accordingly to forego the provision of forfeiture of the past service in case of the employee having gone on strike. As a result, many other employees got the benefit of the Pension Scheme.

16. On 27.03.2000, in terms of the settlement between the employees’ unions and the Indian Banks, even non- pension optees were made to contribute to the pension fund from their wages with effect from March 1997.

17. In the year 2000, voluntary Retirement Scheme was floated by all Nationalised banks covering all employees who have completed 15 years of service.

18. Sometimes in the years 1999-2000, 7th bipartite settlement was entered into. In the year 2005, 8th Bipartite settlement was entered into.

19. On 27.11.2009, Memorandum of Understanding between Indian Bank Association and United Forums of Bank Unions was signed to give fresh opportunity to the bank employees to opt for the second option for pension by sharing Rs.1800 crores (30% of the pension cost) equally by all the working employees and Rs 966 crores by the retired employees.

20. On 27.04.2010, 9th Bipartite settlement was entered into. Indian Bank Association and the various Employees Unions entered into a fresh settlement, which is the subject matter of these petitions, by which the employees were to be given another chance to opt for the second option for pension under Regulation of 1995. According to the Settlement and the Joint Note, both dated 27.04.2010, the employees to whom the option for pension has to be extended has to pay an additional amount of 2.8 times of the revised pay of November 2007 to the contributory pension fund in addition to surrendering of entire Banks’ Contribution to Provident Fund. By way of the settlements, those, who have already retired had to pay an additional contribution of 56% over and above the amount of Bank’s contribution to the Provident fund.

21. Soon after the settlements, in 2010-2011, various petitions filed in different High Courts challenging the said clause of the Settlement and the Joint Note and also denying the pension option to compulsory retirees and also to the retirees who voluntarily retired as per the service regulations. Whereas these categories were eligible for pension under Pension Regulation 1995 they have been made ineligible under the 2^nd Pension option. VRS 2001 categories are eligible eevn if they have put only 15 years of service, the CRS/VRS optees other than VRS 2001 and resignees who have resigned for genuine financial/medical reasons are denied pension even if they have put in 36 years of service.

22. Hence this Transfer Petition is filed before this Court to bring all these petitions together in the Hon’ble Supreme Court and being heard together to avoid any conflicting decisions by different Courts on the same issue.

PRAYER

23. In view of the averments made here-above, the Petitioner prays as under:

a. Pass an order to transfer Writ Petition No 12269 of 2010 titled Canara bank Workers Union (Regd.) and others versus Union of India and others pending before Hon’ble High Court of Judicature at Madras; S.B. Civil Writ Petition No 11861 of 2010 titled All Bank Employees PF optees Society and others versus Union of India and others pending before Hon’ble High Court of Judicature for Rajasthan at Jaipur; Civil Writ Petition No 6008 of 2010 titled Ajit Puri and others verus Uco Bank and others pending before Hon’ble High Court of Himachal Pradesh at Shimla; PIL No 99 of 2010 pending titled Deepak Ramakrishna Kastoori versus Union of India and others before Hon’ble High Court of Judicature at Bombay; Writ Petition No 21505 (W) of 2010 titled Bank Employees’ Unity Forum of West Bengal and others versus Union of India and others pending before Hon’ble High Court at Calcutta; Writ Petition No 35355 – 35361 titled G Channaramakrishna and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Bengaluru; Writ Petition No 1772 (S/B) of 2010 titled Akhil Bhartiya Bank Karmi Jagruk Sagharsh Sangh and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court of Judicature at Allahabad, Lucknow Bench; Writ Petition No 64 (W) of 2011 titled Sri Chitta Ranjan Sen versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Calcutta to this Hon’ble Court and hear the matters together, and

b. Pass any other order that this Court may deem fit in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER IS DUTY BOUND SHALL EVER PRAY.

(Jyoti Mendiratta)

Advocate for Petitioners

Drawn by: Mr Divya Jyoti Jaipuriar, Adv.

Place: New Delhi

Filed on:

IN THE SUPREME COURT OF INDIA

ORDINARY ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. _________ OF 2011

(UNDER ARTICLE 139 A OF THE CONSTITUTION OF INDIA)

In the matter of

Deepak Ramakrishna Kastoori and others … Petitioners

Versus

Union of India and Others … Respondents

CERTIFICATE

Certified that the Transfer Petition is filed seeking transfer of eight petitions pending before different High Courts in different states to this Hon’ble Court and hear these petitions together since the issues involved in these petitions are the same and the question of law raised in these petitions are also the same. This transfer petition is seeking to transfer to this Hon’ble Court, inter alia, petitions filed in different High Courts in different states seeking same relief impugning clause 32 of the 9^th Bipartite wage Settlement dated 27.08.2010. It is further certified that the copies of the documents/annexures attached to the Special Leave Petition are necessary to answer the question of law raised in the Petition or to make out grounds urged in the Special Leave Petition for consideration of this Hon’ble Court. This certificate is given on the basis of instructions given by the petitioner/ person authorized by the petitioner whose affidavit is filed in support of the Transfer Petition.

(JYOTI MENDIRATTA)

COUNSEL FOR PETITIONER

New Delhi

Dated:

IN THE SUPREME COURT OF INDIA

ORDINARY ORIGINAL JURISDICTION

I.A. No. ________ OF 2011

TRANSFER PETITION (CIVIL) NO. _________ OF 2011

(UNDER ARTICLE 139 A OF THE CONSTITUTION OF INDIA)

In the matter of

Deepak Ramakrishna Kastoori and others … Petitioners

Versus

Union of India and Others … Respondents

APPLICATION FOR STAY OF PROCEEDINGS

Hon’ble Chief Justice of India and

His Companion Justices

Supreme Court of India

THE HUMBLE PETITION OF

THE PETITIONER ABOVE NAMED

Most Respectfully showeth:

1. The present Transfer Petition is being filed by the Petitioner seeking transfer of eight petitions pending before different High Courts in different states, viz Writ Petition No 12269 of 2010 titled Canara bank Workers Union (Regd.) and others versus Union of India and others pending before Hon’ble High Court of Judicature at Madras; S.B. Civil Writ Petition No 11861 of 2010 titled All Bank Employees PF optees Society and others versus Union of India and others pending before Hon’ble High Court of Judicature for Rajasthan at Jaipur; Civil Writ Petition No 6008 of 2010 titled Ajit Puri and others verus Uco Bank and others pending before Hon’ble High Court of Himachal Pradesh at Shimla; PIL No 99 of 2010 pending titled Deepak Ramakrishna Kastoori versus Union of India and others before Hon’ble High Court of Judicature at Bombay; Writ Petition No 21505 (W) of 2010 titled Bank Employees’ Unity Forum of West Bengal and others versus Union of India and others pending before Hon’ble High Court at Calcutta; Writ Petition No 35355 – 35361 titled G Channaramakrishna and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Bengaluru; Writ Petition No 1772 (S/B) of 2010 titled Akhil Bhartiya Bank Karmi Jagruk Sagharsh Sangh and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court of Judicature at Allahabad, Lucknow Bench; Writ Petition No 64 (W) of 2011 titled Sri Chitta Ranjan Sen versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Calcutta to this Hon’ble Court and hear these together since the issues involved in these petitions are the same and the question of law raised in these petitions are also the same. The facts and circumstances of the petition are not repeated herein for the sake of brevity.

2. The Petitioners seek the direction of this Hon’ble Court to stay the proceedings in the matters of Writ Petition No 12269 of 2010 titled Canara bank Workers Union (Regd.) and others versus Union of India and others pending before Hon’ble High Court of Judicature at Madras; S.B. Civil Writ Petition No 11861 of 2010 titled All Bank Employees PF optees Society and others versus Union of India and others pending before Hon’ble High Court of Judicature for Rajasthan at Jaipur; Civil Writ Petition No 6008 of 2010 titled Ajit Puri and others verus Uco Bank and others pending before Hon’ble High Court of Himachal Pradesh at Shimla; PIL No 99 of 2010 pending titled Deepak Ramakrishna Kastoori versus Union of India and others before Hon’ble High Court of Judicature at Bombay; Writ Petition No 21505 (W) of 2010 titled Bank Employees’ Unity Forum of West Bengal and others versus Union of India and others pending before Hon’ble High Court at Calcutta; Writ Petition No 35355 – 35361 titled G Channaramakrishna and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Bengaluru; Writ Petition No 1772 (S/B) of 2010 titled Akhil Bhartiya Bank Karmi Jagruk Sagharsh Sangh and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court of Judicature at Allahabad, Lucknow Bench; Writ Petition No 64 (W) of 2011 titled Sri Chitta Ranjan Sen versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Calcuttatill the pendency of this Petition before this Hon’ble Court; on the ground, inter alia, to avoid conflicting decisions of the Hon’ble High Courts on the issue involved in these petitions.

3. This application is being fled in the interest of justice.

4. In light of facts and circumstances of the case, Petitioners herein prays as under:

a. Stay the Proceedings in the matters of Writ Petition No 12269 of 2010 titled Canara bank Workers Union (Regd.) and others versus Union of India and others pending before Hon’ble High Court of Judicature at Madras; S.B. Civil Writ Petition No 11861 of 2010 titled All Bank Employees PF optees Society and others versus Union of India and others pending before Hon’ble High Court of Judicature for Rajasthan at Jaipur; Civil Writ Petition No 6008 of 2010 titled Ajit Puri and others verus Uco Bank and others pending before Hon’ble High Court of Himachal Pradesh at Shimla; PIL No 99 of 2010 pending titled Deepak Ramakrishna Kastoori versus Union of India and others before Hon’ble High Court of Judicature at Bombay; Writ Petition No 21505 (W) of 2010 titled Bank Employees’ Unity Forum of West Bengal and others versus Union of India and others pending before Hon’ble High Court at Calcutta; Writ Petition No 35355 – 35361 titled G Channaramakrishna and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Bengaluru; Writ Petition No 1772 (S/B) of 2010 titled Akhil Bhartiya Bank Karmi Jagruk Sagharsh Sangh and others versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court of Judicature at Allahabad, Lucknow Bench; Writ Petition No 64 (W) of 2011 titled Sri Chitta Ranjan Sen versus Union of India and others was filed and is still pending adjudication before Hon’ble High Court at Calcuttatill the pendency of this Petition before this Hon’ble Court,

b. Pass any other order or direction hat this Hon’ble Court may deem necessary in the interest of justice.

AND FOR ACT OF KINDNESS AND JUSTICE THE PETITIONER SHALL EVER PRAY AS IN DUTY BOUND.

Filed by

(JYOTI MENDIRATTA)

Filed on: Advocate for the Petitioners

Place: New Delhi