CBOA-AP issued its circular No. 17 dated 19.07.2011 on fitment formula on promotion from Clerical Cadre to Officer Cadre Scale-I. We are placing the same here for our readers.
CIRCULAR NO.: GS: 2011: 017 Date: 19.07.2011
TO ALL OFFICERS PLEASE CIRCULATE
Dear Friends,
We reproduce hereunder the Circular No. CIRCULAR/GS/2011/14 dated 15-07-2011 received from our Federation for your information.
With best regards
Yours sincerely
Sd/-
(C.A.
GENERAL SECRETARY
………………………..............................................................................
"FITMENT FORMULA ON PROMOTION FROM CLERICAL CADRE TO
OFFICER CADRE SCALE I
We are happy to inform you that after a long drawn negotiation, the Federation has finally settled the Fitment Formula on promotion from clerical to officer cadre Scale I, with the management. A circular No.CO/IRP/358 dated 17th June 2011 has been issued by the management on this score.
28th May 2011 is one more important day in the history of our Federation when for the first time settlement has been reached on Fitment Formula for promotees to Scale I. This achievement is the result of a long drawn struggle in and outside the Court for more than 20 years.
Our Federation had objected to the Fitment Formula that was signed as a settlement with the workmen organization (AICBEF – AIBEA) in 1991, after the conclusion of the bipartite settlement/ Wage Revision for employees/officers covering the period of 1987 to 1992. There was an anomaly of loss of one or two increments for some of the promotee officers in that formula. Our Federation had discussed this matter on a number of times at various levels, but the management did not take any initiative to redress the problems of the officers who would substantially lose throughout their career. The Federation was forced to seek the intervention of the Hon’ble High Court of Bombay in the matter. The Hon’ble High Court had granted an ad-interim stay on the operation of the new Fitment Formula signed between the management and the workmen union in 1991. Thereafter the Writ Petition was admitted and ad-interim injunction was confirmed. The management appealed before the Hon’ble High Court for removal of the injunction which was not considered by the Court.
In accordance with the stay order, the bank was advised to continue the Fitment Formula of 1986 for officers who were promoted even after 1991. The promotees between 1986 & 1991 had already been given fitment in accordance with 1986 formula. The petition was disposed off in 1995 by a Single Judge Bench in favour of the Federation after several hearings. As per the judgement, the bank was advised to discuss the Fitment Formula with AICBOF for arriving at a negotiated Formula and until such time to continue to apply the 1986 Formula.
The management appealed against this judgement before the Division Bench of Hon’ble High Court of Bombay. The workmen union AICBEF (affiliated to AIBEA) impleaded in the case. After a number of hearings held in the matter the appeal was disposed off in 2003. The bench upheld the judgement of the Single Judge bench and dismissed the appeals of the bank and the workmen union (AICBEF-AIBEA).
On 30th January 2010 the first round of discussions was held for arriving at a Fitment Formula. Thereafter the discussions have been held on several occasions in May 2010, December 2010 etc. After protracted discussions, the Fitment Formula was signed on 28th
May 2011.
During the period 1991 and 2011 there has been a number of changes in the salary structure of officers and employees. There were 4 Industry-Wise Wage Settlements for Officers and Employees covering the period 1996 – 1997, 1997-2002, 2002-2007 and 2007-2011. At the time of filing the petition in 1991 there were 3 stagnation increments available to the clerical staff which were thereafter increased in successive Wage Settlements to 4, 5, 6 and 7. There were only 2 stagnation increments in Officer Grade Scale I which have now been increased to 4. The clerical staff promoted to officer cadre who were in the stagnation stage from 3 to 7 were given the same basic pay as of 2nd stagnation increment. In effect there was no fitment at all for such clerical staff on promotion. Similarly those clerical staff who had passed CAIIB Part I and/or Part II during the stagnation stages were also deprived of CAIIB increment on promotion to officer cadre Scale I. The present settlement of the Fitment Formula provides for a proper fitment to all such clerical staff who have been promoted between 3rd and 7th stagnation stages as well who have passed the CAIIB (Part I and Part II) during the stagnation stages.
After the last Bipartite Settlement/Wage Revision in 2010, IBA has also circulated a formula suggesting to the banks for fitment for promotees from clerical to officer cadre. However IBA has also advised the banks to arrive at a settlement with the concerned unions/Association.
The Fitment Formula now settled with the management is better than the IBA’s suggested formula.
There has been a long delay in the settlement of Fitment Formula, because the matter was in the Court and thereafter took a lot of time in negotiation. All the promotees to Scale I on or after 1st January 2010 shall be fitted as per this formula. All officers who are/were in the services of the bank and who were affected due to fitment as aforesaid ( 4th to 7th stagnation stages and CAIIB increment during stagnation) will now be provided relief/re-fitment but the arrears will be payable from 1st January 2010.
We advise all officers who were affected by the fitment on promotion to Scale I to make application to the branch and the Regional Office immediately. The officers may also contact our Unit General Secretaries/Federation’s Office, should they require any further clarification.
This is yet another historical event in the saga of our Federation. This was possible because of the unstinted support and confidence of the officers in the Federation. Let us continue our efforts in achieving better benefits for the officers.”
OFFICERS’ COMMUNITY …… ZINDABAD
A.I.B.O.C. …… ZINDABAD
A.I.C.B.O.F …… ZINDABAD
C.B.O.A. …… ZINDABAD
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