( An Open appeal to Prime Minster of India and Finance Minister of India)
Subject: Illegal recovery from PF optees in PSU Banks
And
Misuse of usual delay in judicial process
I would like to draw your kind intervention in the matter of second offer of pension being given to bank employees who did not accept pension offer in 1993/95 when pension scheme was first introduced in banks in lieu of contributory provident fund.
After prolonged movement by bank employees for almost 15 years and after 30 months agitational programme, Indian banks Association (IBA) signed an agreement with United Forum of Bank Employees (UFBU) on 27th of April. Till 25th of April 2010 there was never a talk among leaders during last 15 years that there will be recovery from PF optees from their arrear if they are given second option for pension. But in the eleventh hour, union leaders who are mostly retired employees were ill motivated by IBA and it is they played a mischievous role to introduce a discriminatory clause in the agreement which enables banks to recover 2.8 times of revised salary of November 2007 from such employees who opts for pension.
Obviously those who opted for pension in 1993/95 got free option for pension whereas those who will opt for the same benefit after 15 years prolonged movement will have to purchase the same by paying Rs.50000 to more than one lac rupees. This discrimination is clearly in violation of spirit of Equality of Law granted under Indian Constitution.
Since the agreement was signed by a few say 20 union leaders on behalf of eight lac bank employees IBA got an upper hand in executing even legally invalid clause. In such position bank employees all over the country started condemning the said bipartite settlement, formed fresh unions and finally filed writs in various high courts.
On 24th June 2010 Madras High Court granted interim stay on recovery from PF optees.
But IBA and bank management in nexus with mischievous union leaders filed another writ in the same court for vacation on stay on the false but emotional plea that retired employees are on the verge of death and banks are unable to start pension payment to them because they have no fund and they not got refund from retired employees.
Court due to its busy schedule heard the petition on 10th of August 2010, considered the pain of retired employees and vacated the stay.
IBA and union leaders in particular and people of India understand it very well that once the court case is filed in any Indian court, it will take a decade or two decade in getting final judgment on any issue. In such situation banks can execute the disputed agreement.
It is open secret now that banks will not only spend lavishly on advocate to prolong the hearing , torture the fighting employees and but also try its best to weaken the fighting intensity of employees who have moved courts in the large interest of three lac retired and three lac serving employees.
Obviously bank employees for none of their fault will have to pay Rs.50000/ to more than one lac to purchase pension offer which is absolutely illegal and not reasonable from any angle of consideration. Such discriminatory recovery never occurred in any department in our country. This historic blunder is going to be committed by bank management and bank employees will become victim of faulty judicial process as everyone knows that it takes High courts and Supreme Court two to three decades in deciding any case.
I therefore make an earnest appeal to you to advise finance ministry, banking division, law ministry and IBA to bring about necessary change in the agreement or else government of India should promulgate an ordinance and make bank employees at par with Central government employees and nullify the said discriminatory agreement. In the recent past when dispute arose between IRDA and SEBI government of India with the help of ordinance nullified the effect of court case filed by IRDA against SEBI.
Alternately you can ensure expeditious judicial process by appointing special bench in Supreme Court combining writs filed at various High courts to decide the issues of writ in fixed time frame of 30 days. .
It is the most disheartening and sad story of Indian judicial system that courts are used in general and in practice not to get justice but to perpetuate reign of injustice. Courts seldom award punishment to guilty person in time but spend so much time in the process of judgment that the victim is either extinguished or the very purpose of filing a case is defeated or loses physical, mental and financial energy to such a pitiable extent that the case filed for justice is ultimately left unattended and become useless and endless. Even the veteran criminals get relief once the police files case in any court. It is very easy to prolong the judicial process as per whims and fancies of the criminal and at least till all witnesses or all plaintiffs are finished or become ineffective.
For your ready reference and to enlighten you more on the subject I submit hereunder some important points related to pension rules and subsequent agreement prevalent in banks.
1. In the Pension Regulations 1993/1995 there is no provision for collecting money from employees to make up the short-fall in pension fund. If at all any short fall is faced it should be made good by the banks themselves. Then on what basis banks are now asking employees to contribute for short fall?
2. In 7th, 8th, 9th bi-partite settlements 8.25%, 9.25%, 13% of additional cost of pension was carved out of wage load and given to banks to make-up the shortfall in pension fund. This amount belongs to both Pension Optees and PF optees, but used for paying pension to Pension Optees only. Therefore is there any logic in asking funds now from PF optees only?
3. In the Pension Regulation 1993/1995 there was a clause stating that pension will not be paid to those employees who participates in any strike. In 1999, this clause has been removed, but no fresh option is given to PF optees to join pension scheme then. Why?
4. In Railways and RBI fresh options were given to employees to join Pension Scheme several times without asking single paisa. Then why in Banks, Employees are asked to contribute towards Pension Fund?
5. If all the employees would have opted for Pension in 1996/1995 itself, how banks would have managed Pension Fund?
6. In State Bank of India three retirement benefits are being given to employees. viz. PF+Pension+Gratuity. In Public Sector Banks only two benefits are available. Even for that second benefit Employees have to pay in every wage revision settlement. Does it mean Bank Employees are not given two retirement benefit, but they are given only 1.5 benefits i.e., half of what SBI employees are getting?
7. When SBI associate banks are merged with SBI, Govt. is ready to extend Pension Benefit to those Employees of associate banks without asking anything from employees. Where from money comes to meet this additional expenditure?
8. Banks are ready to incur expenditure to the extent of 14% (10% of B.P. +D.A) towards PF for new recruits from 01.04.2010, but not ready to pay more than 10% for PF optees. Why?
9. Pension Regulation 1993/1995 provides for paying pension only on superannuation, i.e. after 60years of age only, but at the time of VRS2000 it is modified /amended to give pension to even employee of 40years. Because of this act of Banks only, Pension fund dried up. Is it not true?
10. Hence, we PF optees feel principle of natural Justice is denied to us and it is clear cut violation of fundamental Law of Equality before justice granted by Constitution of India to each citizen of India.
I am fully confident you will take all possible steps to give justice to six lac bank employees who have been badly affected by said agreement. It is worthwhile to mention here that bank management has already recovered Rs.1800 crores from serving employees who will be given second offer for pension as per said Agreement. Not only this , even trade unions participating in the said agreement has realized more than two hundred crores from bank employees as Levy or their remuneration or fee for negotiating with IBA and for signing on the said agreement.
dkjain49709@rediffmail.com
Thursday, August 12, 2010
Sunday, August 8, 2010
Few questions before IBA and Union Leaders of PSU banks
QUESTION EVERYTHING!....SAID SOCRATES! WE THE PF OPTEES QUESTION THE PENSION SETTLEMENT!
1. In the Pension Regulations 1993/1995 there is no provision for collecting money from employees to make up the short-fall in pension fund. If at all any short fall is faced it should be made good by the banks themselves. Then on what basis banks are now asking employees to contribute for short fall?
2. In 7th, 8th, 9th bi-partite settlements 8.25%, 9.25%, 13% of additional cost of pension was carved out of wage load and given to banks to make-up the shortfall in pension fund. This amount belongs to both Pension Optees and PF optees, but used for paying pension to Pension Optees only. Therefore is there any logic in asking funds now from PF optees only?
3. In the Pension Regulation 1993/1995 there was a clause stating that pension will not be paid to those employees who participates in any strike. In 1999, this clause has been removed, but no fresh option is given to PF optees to join pension scheme then. Why?
4. In Railways and RBI fresh options were given to employees to join Pension Scheme several times without asking single paisa. Then why in Banks, Employees are asked to contribute towards Pension Fund?
5. If all the employees would have opted for Pension in 1996/1995 itself, how banks would have managed Pension Fund?
6. In State Bank of India three retirement benefits are being given to employees. viz. PF+Pension+Gratuity. In Public Sector Banks only two benefits are available. Even for that second benefit Employees have to pay in every wage revision settlement. Does it mean Bank Employees are not given two retirement benefit, but they are given only 1.5 benefits i.e., half of what SBI employees are getting?
7. When SBI associate banks are merged with SBI, Govt. is ready to extend Pension Benefit to those Employees of associate banks without asking anything from employees. Where from money comes to meet this additional expenditure?
8. Banks are ready to incur expenditure to the extent of 14% (10% of B.P. +D.A) towards PF for new recruits from 01.04.2010, but not ready to pay more than 10% for PF optees. Why?
9. Pension Regulation 1993/1995 provides for paying pension only on superannuation, i.e. after 60years of age only, but at the time of VRS2000 it is modified /amended to give pension to even employee of 40years. Because of this act of Banks only, Pension fund dried up. Is it not true?
10. Hence, we PF optees feel principle of natural Justice is denied to us and it is clear cu violation of fundamental Law of Equality before justice granted by Constitution of India to each citizen of India. We appeal to both IBA AND UNIONS to re-open the settlement and take corrective measures.
We hope BANKS AND UNIONS WILL ANSWER THESE QUESTIONS!
1. In the Pension Regulations 1993/1995 there is no provision for collecting money from employees to make up the short-fall in pension fund. If at all any short fall is faced it should be made good by the banks themselves. Then on what basis banks are now asking employees to contribute for short fall?
2. In 7th, 8th, 9th bi-partite settlements 8.25%, 9.25%, 13% of additional cost of pension was carved out of wage load and given to banks to make-up the shortfall in pension fund. This amount belongs to both Pension Optees and PF optees, but used for paying pension to Pension Optees only. Therefore is there any logic in asking funds now from PF optees only?
3. In the Pension Regulation 1993/1995 there was a clause stating that pension will not be paid to those employees who participates in any strike. In 1999, this clause has been removed, but no fresh option is given to PF optees to join pension scheme then. Why?
4. In Railways and RBI fresh options were given to employees to join Pension Scheme several times without asking single paisa. Then why in Banks, Employees are asked to contribute towards Pension Fund?
5. If all the employees would have opted for Pension in 1996/1995 itself, how banks would have managed Pension Fund?
6. In State Bank of India three retirement benefits are being given to employees. viz. PF+Pension+Gratuity. In Public Sector Banks only two benefits are available. Even for that second benefit Employees have to pay in every wage revision settlement. Does it mean Bank Employees are not given two retirement benefit, but they are given only 1.5 benefits i.e., half of what SBI employees are getting?
7. When SBI associate banks are merged with SBI, Govt. is ready to extend Pension Benefit to those Employees of associate banks without asking anything from employees. Where from money comes to meet this additional expenditure?
8. Banks are ready to incur expenditure to the extent of 14% (10% of B.P. +D.A) towards PF for new recruits from 01.04.2010, but not ready to pay more than 10% for PF optees. Why?
9. Pension Regulation 1993/1995 provides for paying pension only on superannuation, i.e. after 60years of age only, but at the time of VRS2000 it is modified /amended to give pension to even employee of 40years. Because of this act of Banks only, Pension fund dried up. Is it not true?
10. Hence, we PF optees feel principle of natural Justice is denied to us and it is clear cu violation of fundamental Law of Equality before justice granted by Constitution of India to each citizen of India. We appeal to both IBA AND UNIONS to re-open the settlement and take corrective measures.
We hope BANKS AND UNIONS WILL ANSWER THESE QUESTIONS!
Thursday, August 5, 2010
Injustice with bank employees
I submit some points hereunder highlighting reign of injustice in banks perpetuated by team of officers sitting at the helm of affairs in collusion wit union leaders.
There is practically no stagnation for central government employees as per last pay commission recommendation and as accepted by government of India.
Why is there stagnation for bank employees particularly when bank is not in a position to accommodate so many candidates in higher scale, when there are fewer vacancies?
For none of fault of senior officers, they are denied promotion as also annual increment. It is really a fun that they are not given even full terminal benefits when they resign at their own.
When banks do not find such senior officers for promotions, bank should not hesitate in accepting resignation of such officers and allow full pension and retirement benefits. Why officers who resign are not allowed pension, leave encashment or refund of accumulated bank's contribution in PF etc. Bank can remove an officer as per its choice but staff cannot leave the job without loosing his rightful terminal benefits.
Officers who have transferred from outside states to North East States were getting so many incentives as per 1984 circular or as per guidelines of IBA as prevalent for central government employees working in other sectors in eighties. Why these incentives have not been revised during last 25 years?
Special allowance fixed Rs.1200/ or Rs.1500/ for specified area is common for all staff posted in North East region. What about additional benefits for those who are transferred from other states to North East?
For outsiders, there was a provision of Rs.1500. p.m. in 1984 when Rs.1500/ was a significant amount compared to prevailing scale of pay for officers at that time. Now even that Rs.1500/ (it should be at least 10000 in view of price rise and scale rise during last 25 years) or 12.5% of pay has been abolished.
Originally North East posting policy was framed for enthusing employees to serve in north eastern based branches for two years and then they were given preferred posting. Unfortunately this holy policy is now misused by greedy and corrupt executives to sideline good officers from their path of earning illegal money and golden gifts.
Incentives of NE posting have also been snatched and left on whims and fancies of executives. Preferred posting after completion of two years tenure also lies on the mercy of top officials. ED or top executives in banks do not have fear in mind in violating the existing policy or misusing the same in the name of bank’s exigencies.
After all what union leaders are doing?
There are lacs of bank employees who are continuously working in rural areas, say for one or two decades or even more.
On the other hand there a few lacs of bank employees who are continuously posted in Metros and Urban areas.
Unfortunately residual a few of employees are facing frequent transfers from one corner to the other corner of the country.
It clears defeats the very purpose behind rural posting policy and NE posting policy framed by government of India. Banks do not hesitate in violating its own transfer policy or promotion policy. Officers posted continuously in rural areas seldom get promotion because their fate depends not on performance but on whims and fancies of Interview panel. Members of Interview in general award marks based on merit of employees on points such as flattery, gifts and welcome kits. Justice is nowhere visible.
After all what union leaders are doing?
Answer is that they are also standing in the same que in which a team of flatterers are standing to get maximum benefit from higher bosses, cream posting, reckless earning through credit lending or waiver of loan without any fear of action from higher bosses and get preferred promotions for their flatterer members if they so like.
Why huge arrear to the amount of two lacs or three or four lacs are being paid to executives as per 9th Bipartite Settlement and only a few thousand to middle management officers considered senior officers. Even peons and junior clerks are getting arrear to the extent of one lac rupees. Even junior officers are getting more. Obviously pay scale fixed for various scales is not based on principals of equality but based on whims and fancies of IBA team and union leaders. Pension optees are getting more and PF optees are getting noting in comparison. Why discriminatory treatment is being allowed by union leaders even in fixation of revised pay in 9th BS, not to speak of discrimination with PF optees desiring to offer for pension.
Are senior officers in middle management so bad they are not fit for promotion, increment, pension and even equal rise in wage revision? If so why are they not given offer of VRS as given in the year 2000?
Why CMDs of various banks then talk of crisis of talented officer in bank and why do they express apprehension for painful future when a good number of officers will retire?
If there is a will there is a way. When government is formed of corrupt persons and that of flatterers, when administration is manned by corrupt and flatterers when judiciary is weak, ineffective, costly and centre of corruption, any one in Government cannot dream of taking step to reduce corruption in the system or to punish corrupt people.
And people who try to move against the main stream gets tired very soon and finally succumb to death.
It is therefore better to say All is Well sir, No problem sir, everything will be o.k. sir, I am there don't worry, I will manage it, I will manage media people, I will manage CBI people and so on. These wordings are a few permanent wording of flatterers.
Media men are not getting any interest or attractive news in the reign of injustice pervading and prevailing in banking industry. A few executives by using their mobile phones using some flatterer Branch Managers ges success in extending credit to unscrupulous borrowers and sacrificing huge amount in compromise and waiver of loan scheme just to earn some illegal money.
Banks assets worth thousands and thousand of crores of rupees are locked and lost in bad borrowers every year whereas government of India, RBI and all regulating agencies remain silent spectators. People have seen how NPA rose 500% this year in Indian Bank but regulating agencies are not ready to accept that similar pain will occur to other banks too in near future. There is in fact none to bell the cat.
Banks management, government of India and RBI loudly say with a sense of pride that Indian Banks are not affected by global slowdown or recession or sub prime crisis but IBA says that banks are not in a position to pay pension to bank employees and hence begging for sharing of pension cost from bank employees.
IBA has filed affidavit in Madras High Court that banks are facing fund crisis and not in a position to pay pension to retirees and hence praying for stay granted by the same court on 24th June 2010 on illegal and unjustified recovery from PF optees agreed in 9th Bipartite settlement .
How much shameful and painful it is that staff of banks who served banks for 30 to 35 years in bank and contributed his entire energy for growth of bank has now to run from pillar to post or knock the door of courts to stop reign of injustice.
Are Banks earning profits by simple exploitation of staff??
Danendra jain
06.08.2010
There is practically no stagnation for central government employees as per last pay commission recommendation and as accepted by government of India.
Why is there stagnation for bank employees particularly when bank is not in a position to accommodate so many candidates in higher scale, when there are fewer vacancies?
For none of fault of senior officers, they are denied promotion as also annual increment. It is really a fun that they are not given even full terminal benefits when they resign at their own.
When banks do not find such senior officers for promotions, bank should not hesitate in accepting resignation of such officers and allow full pension and retirement benefits. Why officers who resign are not allowed pension, leave encashment or refund of accumulated bank's contribution in PF etc. Bank can remove an officer as per its choice but staff cannot leave the job without loosing his rightful terminal benefits.
Officers who have transferred from outside states to North East States were getting so many incentives as per 1984 circular or as per guidelines of IBA as prevalent for central government employees working in other sectors in eighties. Why these incentives have not been revised during last 25 years?
Special allowance fixed Rs.1200/ or Rs.1500/ for specified area is common for all staff posted in North East region. What about additional benefits for those who are transferred from other states to North East?
For outsiders, there was a provision of Rs.1500. p.m. in 1984 when Rs.1500/ was a significant amount compared to prevailing scale of pay for officers at that time. Now even that Rs.1500/ (it should be at least 10000 in view of price rise and scale rise during last 25 years) or 12.5% of pay has been abolished.
Originally North East posting policy was framed for enthusing employees to serve in north eastern based branches for two years and then they were given preferred posting. Unfortunately this holy policy is now misused by greedy and corrupt executives to sideline good officers from their path of earning illegal money and golden gifts.
Incentives of NE posting have also been snatched and left on whims and fancies of executives. Preferred posting after completion of two years tenure also lies on the mercy of top officials. ED or top executives in banks do not have fear in mind in violating the existing policy or misusing the same in the name of bank’s exigencies.
After all what union leaders are doing?
There are lacs of bank employees who are continuously working in rural areas, say for one or two decades or even more.
On the other hand there a few lacs of bank employees who are continuously posted in Metros and Urban areas.
Unfortunately residual a few of employees are facing frequent transfers from one corner to the other corner of the country.
It clears defeats the very purpose behind rural posting policy and NE posting policy framed by government of India. Banks do not hesitate in violating its own transfer policy or promotion policy. Officers posted continuously in rural areas seldom get promotion because their fate depends not on performance but on whims and fancies of Interview panel. Members of Interview in general award marks based on merit of employees on points such as flattery, gifts and welcome kits. Justice is nowhere visible.
After all what union leaders are doing?
Answer is that they are also standing in the same que in which a team of flatterers are standing to get maximum benefit from higher bosses, cream posting, reckless earning through credit lending or waiver of loan without any fear of action from higher bosses and get preferred promotions for their flatterer members if they so like.
Why huge arrear to the amount of two lacs or three or four lacs are being paid to executives as per 9th Bipartite Settlement and only a few thousand to middle management officers considered senior officers. Even peons and junior clerks are getting arrear to the extent of one lac rupees. Even junior officers are getting more. Obviously pay scale fixed for various scales is not based on principals of equality but based on whims and fancies of IBA team and union leaders. Pension optees are getting more and PF optees are getting noting in comparison. Why discriminatory treatment is being allowed by union leaders even in fixation of revised pay in 9th BS, not to speak of discrimination with PF optees desiring to offer for pension.
Are senior officers in middle management so bad they are not fit for promotion, increment, pension and even equal rise in wage revision? If so why are they not given offer of VRS as given in the year 2000?
Why CMDs of various banks then talk of crisis of talented officer in bank and why do they express apprehension for painful future when a good number of officers will retire?
If there is a will there is a way. When government is formed of corrupt persons and that of flatterers, when administration is manned by corrupt and flatterers when judiciary is weak, ineffective, costly and centre of corruption, any one in Government cannot dream of taking step to reduce corruption in the system or to punish corrupt people.
And people who try to move against the main stream gets tired very soon and finally succumb to death.
It is therefore better to say All is Well sir, No problem sir, everything will be o.k. sir, I am there don't worry, I will manage it, I will manage media people, I will manage CBI people and so on. These wordings are a few permanent wording of flatterers.
Media men are not getting any interest or attractive news in the reign of injustice pervading and prevailing in banking industry. A few executives by using their mobile phones using some flatterer Branch Managers ges success in extending credit to unscrupulous borrowers and sacrificing huge amount in compromise and waiver of loan scheme just to earn some illegal money.
Banks assets worth thousands and thousand of crores of rupees are locked and lost in bad borrowers every year whereas government of India, RBI and all regulating agencies remain silent spectators. People have seen how NPA rose 500% this year in Indian Bank but regulating agencies are not ready to accept that similar pain will occur to other banks too in near future. There is in fact none to bell the cat.
Banks management, government of India and RBI loudly say with a sense of pride that Indian Banks are not affected by global slowdown or recession or sub prime crisis but IBA says that banks are not in a position to pay pension to bank employees and hence begging for sharing of pension cost from bank employees.
IBA has filed affidavit in Madras High Court that banks are facing fund crisis and not in a position to pay pension to retirees and hence praying for stay granted by the same court on 24th June 2010 on illegal and unjustified recovery from PF optees agreed in 9th Bipartite settlement .
How much shameful and painful it is that staff of banks who served banks for 30 to 35 years in bank and contributed his entire energy for growth of bank has now to run from pillar to post or knock the door of courts to stop reign of injustice.
Are Banks earning profits by simple exploitation of staff??
Danendra jain
06.08.2010
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