AIBOC issued its circular No. 106 on implementation of 2nd option on pension and the hurdles of litigation in implementation of the agreement. We are reproducing the same here for our readers.
CIRCULAR NO:106 DATE: 24.07.2010
TO ALL AFFILIATES/MEMBERS:
2ND OPTION ON PENSION – IMPLEMENTATION OF AGREEMENT HURDLES OF LITIGATION ETC.
We have been receiving anxious enquiries from the entire bank officers’ fraternity all over the country as to the process of the implementation of the 2nd option on Pension as agreed at the industry level between the Constituents of the United Forum of Bank Unions and the Indian Banks’ Association. Our comrades may recollect that, the issue was being pursued by the Confederation and it was taken up with the Indian Banks’ Association as well as the Government authorities for speeding up the entire process of issuance of notification and extension of offer of the scheme as required under the agreement. However, in the meanwhile, some of the CPF Optees have approached the Hon’ble High Court of Madras for bringing stay on the grounds that the contribution of 2.8 times of the “pay” as on 01.11.2007 as per the agreement dated 27.04.2010 by the P.F.Optees alone is discriminatory and hence the Court should stay the operation of the agreement. The Court has granted a temporary stay on 29.06.2010 against recovery of 2.8 times of pay from the arrears of salary and allowances from CPF optees subject to the hearing of the case.
The case is getting listed but could not reach the stage of hearing so far. We have been in touch with the Indian Banks’ Association and the Government authorities for early moving of the court to get the matter resolved so that the implementation of the agreement can be smooth one. Unfortunately, there are certain developments in between. The payment of arrears in Canara Bank took place after the temporary stay was granted by the Court; the petitioners have raised the issue of contempt of court and compelled the Management of Canara Bank to refund the amount recovered. Fearing the contempt proceedings Bank has returned the amount recovered from the award staff. As the Confederation or any other Officers’ organization is not a party to this petition, they have not returned the amount recovered from the Officers concerned.
It is in this background we have taken up the matter with the IBA for immediate action on their part. We are now given to understand that in view of the inordinate delay and the frustration it is causing to the entire workforce, the IBA is now planning to go before the Bench of Hon’ble High Court of Madras, raising the issue of urgency in getting the agreement implemented and seeking quashing of the case. We are confident that the issue is expected to be sorted out by the end of next week.
We are in touch with the Convener of United Forum of Bank Unions and he is also seized of the matter and had a detailed discussion with the Indian Banks’ Association. We have also decided to raise the issue in the meeting of the United Forum of Bank Unions which is scheduled on 26th of July 2010 at Mumbai to deliberate on all these developments and take appropriate decision in the matter.
We have been receiving a number of communications and anxious enquiries from different parts of the country. Our affiliates should keep a close watch about these developments and should ensure that the interests of the Officers are protected. If there are any unsavory developments they should be in touch with the leadership of the Confederation for necessary guidance. They should also convey to their respective management that as regards the Officers the status will continue and there is no question of return of the contribution.
We note to keep advised of further developments in the matter.
With greetings,
Sd/-
(G.D. NADAF)
GENERAL SECRETARY
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