Leaders on whom lies the fate of an organisation or trade union or a state government or a country have become lover of flattery, have become lover of money and lover of high post without merit. Root cause of all mishappenings, irregularities, fraud or cheating lies in nothing but flattery which shuts the eyes, ears and mind & heart of leaders. Leaders become self cantered and sacrifice the interest of the masses for whom they are meant. They forget God and minimum moral and religious values. New record of corruption will precipitate if a total investigation is made into what Shiela Dikchit has done in Delhi. When a person becomes popular he becomes more prone to bad habits and there are more chances of committing fraud with the system.
Corruption cannot end in India until government takes harsh steps to stop flattery. Yes man and bribe give equally responsible for rampant corruption and for damaging the right course of action. Looting of money from a person through bribe is less harmful than looting of pride, self respect of service men or businessmen or professionals. All is well sir or No Problem sir culture is killing the enthusiasm of real workers, real Indians and real businessmen because flatterers by dint of their actions hypnotize the top officials and ministers and get success in getting undue benefit or up gradation in service or better posting and quick promotion in service at the cost of many genuine workers.
CVC as such cannot stop corruption said to be rampant in work done for Common wealth Games in Delhi because they also become victim of this disease. CVC has to survive in the same system where perpetuators or corruption are sitting at the helm of affairs. Officers at vulnerable and responsible post at CVC or CBI or audit offices are chosen from a team of best flatterers. CVC has to be bold enough and has to stop corruption in transfers, posting and promotion as also in recruitment processes of government employees and bring about maximum transparency, eliminate the channel of Interview which gives rise to whimsical and biased decision. When honest and sincere officers are shunted in remote areas or posted in insignificant corners it is but natural that such officers will prefer indulging in flattery than wasting energy in good work.
CVC or for that matter Government of India has to make judicial process quick, affordable effective and honest so that victim of the system may approach court without any fear of repercussion. Fear of punishment may only keep flatterers and corrupt person away from the system. Similarly media has to take pro active and innovative initiativesto expose corrupt practices, conduct sting operation and do all acts deemed fit to expose the mischievous elements occupying top posts in government offices, ministry , banks, insurance companies, CBI, vigilance department, judiciary, tax departments etc who sell transfer, posting and promotions in service sector or who willfully torture and blackmail a good businessmen who do not flatter or bribe an officer.
Dkjain49709@rediffmail.com
30.07.2010
Saturday, July 31, 2010
Friday, July 09, 2010
Flattery is root cause of misrule by IBA
IBA in its affidavit has stressed on the point that the trade union representing 95% of bank employees signed the agreement and hence Canara Bank petition filed by a union representing only 244 members should be ignored is not acceptable to any one who believes in justice.
Suppose if majority union decides that female employees will be given three increments less than male employees though they male and female perform same duty in the bank. , Can such unconstitutional agreement be treated as valid only because the same has been signed by a union representing majority of members?
Are we living in a jungle of sheep?
Another point is that the disputed agreement was signed by leaders of majority union. If leaders become victim of management, if leaders become hostile to members due to self interest, if leader’s intention become malicious there is all possibility of betrayal such as anti-member decision, divisive wage agreement, discriminatory treatment to divide them, sacrificing the interest of members to serve self interest etc. There is country wide protest and several writs have been filed in various courts of the country against the disputed clause which shows that the said agreement signed by leaders of majority union is not liked by majority of members. When leaders found that member can now resign or revolt against the union, they thought it better to release the arrear in hurry and recover the contribution from PF optees so that intensity of revolt is diluted. Further pension optees who are getting better treatment and who are getting full arrear will not support PF optees. This is called “Divide and Rule” policy. Leaders further took support of management in making recovery of Levy directly from arrear or pay slip to avoid the risk of member not paying levy in anger. All these fact reveal that union leaders realize from the core of their heart that they members are not happy with them.
When late Indira Gandhi, exPrime Minister of India lost her temper, she lost her conscience, she put all her opponents in jail, imposed emergency and without any fear of legal consequences or political reaction she misused the majority of her party in the Parliament to change the basic structure of the constitution. Similarly IBA has divided the bank employees in two segments, one pension optee and another PF optee and there is no doubt that bank management will use this division for imposing illegal recovery on PF optees. To add fuel to fire, IBA has created division even among various union leaders. This is why powerful protest against illegal recovery is not visible and management is taking advantage of this division and submitting illogical plea in the court to defend the discriminatory clause of the Bipartite Settlement. Those employees who are raising voices against misrule of IBA and union leaders are facing threatening of transfer or rejection in promotion process or posting at critical place or transfer from east to west or from north to south. Obviously reign on injustice will continue unabated until courts impose some punitive action against erring officials and leaders.
One more point raised by IBA in their affidavit filed in Madras High Court is that the second option of pension is not mandatory and employee at his will to opt or not to opt for pension. Days are not far when bank will curtail salary of all employees by 50% and give option to employee to continue in service or leave the job. In the initial offer for pension bank did not put any condition and hence there is no logic to put condition of recovery in the present offer of pension.
Union leaders have got no right to damage career of any individual or cause financial loss to any single person, not to speak of 3 lacs employees PF optees. When PF optees have also contributed in pension fund along with pension optees in the past during 7th and 8th Bipartite Settlement, there is no question of making recovery this time only from PF optees only to bridge the gap of 1800 crores. It is worthwhile to mention here that bank management has saved interest to the tune of 1800 crores by merely delaying the settlement for 30 months. Further bank will earn interest on money recovered from PF optees (total of 1800 crores from PF optees) till the court finally stops such illegitimate deduction.
Further when these union leaders called for strike or agitation programme, the same was put in action by all the employees including PF optees and not by PF or pension optees alone. Never in the past, had these union leaders ever told that second option for PF optees will be purchased by paying three months salary to pension fund. Had it been so there was no need to wait for 15 to 17 years, it could have been easily offered by PBA in 1995 itself.
When union leaders and IBA both had unanimous view of 1.6 times recovery and they have expressed the same in their separate affidavits, what happened during last two three days that both parties changed their view and agreed for recovery from only PF optees. Such discriminatory agreement pass the test of existing laws and the provision of constitutionally granted fundamental right called as Equality before law.
Already bank management has been violating spirit of transfer policy and promotion policy just to please union leaders and to conceal the misdeeds of corrupt executives. Management even does not hesitate to compromise lending policy or ethics behind waiver or comprise settlement with willful defaulters.
80% of officers belonging to the state of Jharkhand, Bihar, Orrisa and a few other states are posted outside their parent state and transferred whimsically frequently whereas those of the state of Maharashtra, Tamilnadu and West Bengal are seldom transferred outside their state for three decades and more. In the name of exigencies of work officers are transferred from one corner to other in clear cut violation of transfer policy. Similarly in the name of interview in promotion processes, higher management in nexus with union leaders promote or reject officers as per their sweet will and thus perpetuating arbitrary rule and reign of injustice.
Now they have jointly committed fraud with PF optees, they have cheated PF optees, they have extended biased benefits to scale four officers at the cost of junior level officers, they have caused loss to senior officers by stagnating them and depriving them of annual increments and what not.......
Reason behind continuance of such atrocities is that banks in general give choice posting to union leaders, militant officers, out of turn promotion to inefficient and corrupt employees, avoid punitive action against even fraudulent and charge sheeted employees to create a team of truely loyal and flatterers .This time IBA has created a team of pension optees who will blindly support misrule of Bank Management. If hundred or thousand employees are promoted even if they are not fit for the same, these promotees will become truely loyal to bank bosses. On the other hand if honest and performers are promoted, such promotees will never flatter their bosses or support blindly IBA.This is also a proof of “Divide and Rule” policy adopted by bank management. Similarly Union leaders are never transferred from their home town, they are given preferred treatment, hotel expenses and what not to make them blind supporter of what management do and like to do.
But how long such cruelty will be tolerated is a million dollar question?
How long top executives and CEOs forming IBA will kill their own conscience and commit unethical acts and work against all moral values.
I ask IBA team leaders and veteran trade union leaders to peep into their own mind and heart, try to affirm and reaffirm whether core of their heart permits such divisive and discriminatory agreement. If their heart and soul, their conscience do not allow discrimination, they should at least now rectify their error . It is never too late.
Suppose if majority union decides that female employees will be given three increments less than male employees though they male and female perform same duty in the bank. , Can such unconstitutional agreement be treated as valid only because the same has been signed by a union representing majority of members?
Are we living in a jungle of sheep?
Another point is that the disputed agreement was signed by leaders of majority union. If leaders become victim of management, if leaders become hostile to members due to self interest, if leader’s intention become malicious there is all possibility of betrayal such as anti-member decision, divisive wage agreement, discriminatory treatment to divide them, sacrificing the interest of members to serve self interest etc. There is country wide protest and several writs have been filed in various courts of the country against the disputed clause which shows that the said agreement signed by leaders of majority union is not liked by majority of members. When leaders found that member can now resign or revolt against the union, they thought it better to release the arrear in hurry and recover the contribution from PF optees so that intensity of revolt is diluted. Further pension optees who are getting better treatment and who are getting full arrear will not support PF optees. This is called “Divide and Rule” policy. Leaders further took support of management in making recovery of Levy directly from arrear or pay slip to avoid the risk of member not paying levy in anger. All these fact reveal that union leaders realize from the core of their heart that they members are not happy with them.
When late Indira Gandhi, exPrime Minister of India lost her temper, she lost her conscience, she put all her opponents in jail, imposed emergency and without any fear of legal consequences or political reaction she misused the majority of her party in the Parliament to change the basic structure of the constitution. Similarly IBA has divided the bank employees in two segments, one pension optee and another PF optee and there is no doubt that bank management will use this division for imposing illegal recovery on PF optees. To add fuel to fire, IBA has created division even among various union leaders. This is why powerful protest against illegal recovery is not visible and management is taking advantage of this division and submitting illogical plea in the court to defend the discriminatory clause of the Bipartite Settlement. Those employees who are raising voices against misrule of IBA and union leaders are facing threatening of transfer or rejection in promotion process or posting at critical place or transfer from east to west or from north to south. Obviously reign on injustice will continue unabated until courts impose some punitive action against erring officials and leaders.
One more point raised by IBA in their affidavit filed in Madras High Court is that the second option of pension is not mandatory and employee at his will to opt or not to opt for pension. Days are not far when bank will curtail salary of all employees by 50% and give option to employee to continue in service or leave the job. In the initial offer for pension bank did not put any condition and hence there is no logic to put condition of recovery in the present offer of pension.
Union leaders have got no right to damage career of any individual or cause financial loss to any single person, not to speak of 3 lacs employees PF optees. When PF optees have also contributed in pension fund along with pension optees in the past during 7th and 8th Bipartite Settlement, there is no question of making recovery this time only from PF optees only to bridge the gap of 1800 crores. It is worthwhile to mention here that bank management has saved interest to the tune of 1800 crores by merely delaying the settlement for 30 months. Further bank will earn interest on money recovered from PF optees (total of 1800 crores from PF optees) till the court finally stops such illegitimate deduction.
Further when these union leaders called for strike or agitation programme, the same was put in action by all the employees including PF optees and not by PF or pension optees alone. Never in the past, had these union leaders ever told that second option for PF optees will be purchased by paying three months salary to pension fund. Had it been so there was no need to wait for 15 to 17 years, it could have been easily offered by PBA in 1995 itself.
When union leaders and IBA both had unanimous view of 1.6 times recovery and they have expressed the same in their separate affidavits, what happened during last two three days that both parties changed their view and agreed for recovery from only PF optees. Such discriminatory agreement pass the test of existing laws and the provision of constitutionally granted fundamental right called as Equality before law.
Already bank management has been violating spirit of transfer policy and promotion policy just to please union leaders and to conceal the misdeeds of corrupt executives. Management even does not hesitate to compromise lending policy or ethics behind waiver or comprise settlement with willful defaulters.
80% of officers belonging to the state of Jharkhand, Bihar, Orrisa and a few other states are posted outside their parent state and transferred whimsically frequently whereas those of the state of Maharashtra, Tamilnadu and West Bengal are seldom transferred outside their state for three decades and more. In the name of exigencies of work officers are transferred from one corner to other in clear cut violation of transfer policy. Similarly in the name of interview in promotion processes, higher management in nexus with union leaders promote or reject officers as per their sweet will and thus perpetuating arbitrary rule and reign of injustice.
Now they have jointly committed fraud with PF optees, they have cheated PF optees, they have extended biased benefits to scale four officers at the cost of junior level officers, they have caused loss to senior officers by stagnating them and depriving them of annual increments and what not.......
Reason behind continuance of such atrocities is that banks in general give choice posting to union leaders, militant officers, out of turn promotion to inefficient and corrupt employees, avoid punitive action against even fraudulent and charge sheeted employees to create a team of truely loyal and flatterers .This time IBA has created a team of pension optees who will blindly support misrule of Bank Management. If hundred or thousand employees are promoted even if they are not fit for the same, these promotees will become truely loyal to bank bosses. On the other hand if honest and performers are promoted, such promotees will never flatter their bosses or support blindly IBA.This is also a proof of “Divide and Rule” policy adopted by bank management. Similarly Union leaders are never transferred from their home town, they are given preferred treatment, hotel expenses and what not to make them blind supporter of what management do and like to do.
But how long such cruelty will be tolerated is a million dollar question?
How long top executives and CEOs forming IBA will kill their own conscience and commit unethical acts and work against all moral values.
I ask IBA team leaders and veteran trade union leaders to peep into their own mind and heart, try to affirm and reaffirm whether core of their heart permits such divisive and discriminatory agreement. If their heart and soul, their conscience do not allow discrimination, they should at least now rectify their error . It is never too late.
Wednesday, July 07, 2010
AIBEA exposed itself in Madras High Court
This refers to 9th bipartite settlement signed by Banks and Trade union leaders of bank employees on 27th April 2010 which contains a lot of divisive and discriminatory clauses. Writs have been filed in various high courts against the said settlement and Madras High Court has even granted interim stay on illegal and unjustified recovery from PF opteees who have been given a second chance to switch over to pension optees segment of employees in the said agreement. Contesting defendants in the court called as AIBEA or AIBOC have filed an affidavit that they represent majority of employees and tried to justify the disputed clause on this plea.
Are AIBEA or AIBOC representing 90% of employees entitled to introduce any whimsical clause in Bipartite Settlement, frame any whimsical policy or sign any illegal agreement even if it violates the existing book of laws, spirit of the Constitution, fundamental right of equality before law?
It appears to me as if majority of employees have empowered union leaders to do whatever suits to them. This is why they are negotiating with the management on posting, transfer of their friends, relatives, and flatterers, reducing punishment of their corrupt colleagues and similarly recommending promotion of officers through members of Interview panel. Union leaders are godfather of 90% of employees and hence they are blackmailing with the management on waiver of big loans and taking their share in the cake. They are all in all for majority of employees and hence they have shut their eyes on manipulation carried out by the management in balance sheets, turned their blind eyes on shortage of manpower in branches, whimsical transfers of a good number of good officers to remote places , prevailing corrupt practices in loans and advances, rampant corruption in contractual works undertaken by banks to open branches, ATMs or in renovation work, transfer of employees, promotion of employees and so on..........................
But court do not consider this fact whether a union represents 90 % of employee or 9% of employees. Even if one person is cheated by bank management, court is not supposed to accept the logic of Trade Union leaders only because they represent majority of employees. Indian courts are not guided by heard of sheep. Courts decide the matter on the merit of the issue and not on the number of persons supporting the issue. Court test the issue from the angle of existing laws and not on he basis of momentum of crown backing the issue.
Late Indira Gandhi changed the basic structure of Indian Constitution in perhaps 1976 when her own vested interest was defeated by her opponent Raj Narayan and when she thought that her post of Prime Minister was at risk. She imposed emergency and promoted all types of excesses through her flatterers. Even bachelors were forced to pass through family planning operation. No doubt Indira Gandhi perpetuated her reign of injustice for a year or two because she was in power and a team of flatterers was backing her.
But the anger of victim people aggravated and turned into a movement against her. With the support of leadership of Jai Prakash Narayan she was removed, she was defeated in the election, she had to face huge humiliation and at a later date even the Apex court set aside the 42nd amendment.
Similarly reign of injustice will prevail in banking industry as long as our protectors are corrupt and the so called trade union leaders in disguise of saviors are working in nexus with top officials of management for their self interest. Reign of injustice is continuing uninterrupted only because it takes two or three decades in getting judgment from Indian courts. Whimsical transfers and arbitrary promotions are taking place year after year only because top officials know that the victim cannot go to court for justice in fear of high cost and repercussion from the bank management.
But they should keep in mind that days are not far when three lac employees called as PF optees who are the greatest sufferer of the said Bipartite Settlement will turn the tide against the management and the so called leaders of Tread unions too.
Rules are made for justice and they cannot be violated by a crowd of miscreants only because they represent majority of residents in the locality. A group of flatterers cannot be allowed to hijack the laws of land only because they are in power or they represent majority of employees.
Last but not the least, It will not be exaggeration to say that this team of flatterers will not only break the heart of true workers in the banking industry but will also badly affect the health of bank, intrinsic value of the bank, demotivate the work force and what not.......
Team of flatterers has committed a historic blunder in the said Bipartite Settlement and they will never be excused by any law abiding person. Divisive and discriminatory approach of such flatterers will be exposed sooner or later.
………………..Keep patience. I am very much confident that voice of inner conscience will prevail upon the madness and devilous egoism currently in the minds of union leaders and top CEOs of top banks.
Are AIBEA or AIBOC representing 90% of employees entitled to introduce any whimsical clause in Bipartite Settlement, frame any whimsical policy or sign any illegal agreement even if it violates the existing book of laws, spirit of the Constitution, fundamental right of equality before law?
It appears to me as if majority of employees have empowered union leaders to do whatever suits to them. This is why they are negotiating with the management on posting, transfer of their friends, relatives, and flatterers, reducing punishment of their corrupt colleagues and similarly recommending promotion of officers through members of Interview panel. Union leaders are godfather of 90% of employees and hence they are blackmailing with the management on waiver of big loans and taking their share in the cake. They are all in all for majority of employees and hence they have shut their eyes on manipulation carried out by the management in balance sheets, turned their blind eyes on shortage of manpower in branches, whimsical transfers of a good number of good officers to remote places , prevailing corrupt practices in loans and advances, rampant corruption in contractual works undertaken by banks to open branches, ATMs or in renovation work, transfer of employees, promotion of employees and so on..........................
But court do not consider this fact whether a union represents 90 % of employee or 9% of employees. Even if one person is cheated by bank management, court is not supposed to accept the logic of Trade Union leaders only because they represent majority of employees. Indian courts are not guided by heard of sheep. Courts decide the matter on the merit of the issue and not on the number of persons supporting the issue. Court test the issue from the angle of existing laws and not on he basis of momentum of crown backing the issue.
Late Indira Gandhi changed the basic structure of Indian Constitution in perhaps 1976 when her own vested interest was defeated by her opponent Raj Narayan and when she thought that her post of Prime Minister was at risk. She imposed emergency and promoted all types of excesses through her flatterers. Even bachelors were forced to pass through family planning operation. No doubt Indira Gandhi perpetuated her reign of injustice for a year or two because she was in power and a team of flatterers was backing her.
But the anger of victim people aggravated and turned into a movement against her. With the support of leadership of Jai Prakash Narayan she was removed, she was defeated in the election, she had to face huge humiliation and at a later date even the Apex court set aside the 42nd amendment.
Similarly reign of injustice will prevail in banking industry as long as our protectors are corrupt and the so called trade union leaders in disguise of saviors are working in nexus with top officials of management for their self interest. Reign of injustice is continuing uninterrupted only because it takes two or three decades in getting judgment from Indian courts. Whimsical transfers and arbitrary promotions are taking place year after year only because top officials know that the victim cannot go to court for justice in fear of high cost and repercussion from the bank management.
But they should keep in mind that days are not far when three lac employees called as PF optees who are the greatest sufferer of the said Bipartite Settlement will turn the tide against the management and the so called leaders of Tread unions too.
Rules are made for justice and they cannot be violated by a crowd of miscreants only because they represent majority of residents in the locality. A group of flatterers cannot be allowed to hijack the laws of land only because they are in power or they represent majority of employees.
Last but not the least, It will not be exaggeration to say that this team of flatterers will not only break the heart of true workers in the banking industry but will also badly affect the health of bank, intrinsic value of the bank, demotivate the work force and what not.......
Team of flatterers has committed a historic blunder in the said Bipartite Settlement and they will never be excused by any law abiding person. Divisive and discriminatory approach of such flatterers will be exposed sooner or later.
………………..Keep patience. I am very much confident that voice of inner conscience will prevail upon the madness and devilous egoism currently in the minds of union leaders and top CEOs of top banks.
Saturday, July 03, 2010
Pranab Mukherjee
"Asli Chehra" - TRUE FACE OF BANK UNIONS
Immediately after the settlement, most of the unions patted their back for the so called "historic settlement". Slowly as they started facing volley of questions from the members, they came out with various theories to justify their action, which included the so called legal opinion and IBA's stiff attitude which forced them to agree to recovery from only PF optees to the tune of 2.8 times of the November 2007 pay. An impression was being created by them as if they were not in favour the same till 26th April, 2010, but somehow they were cornered so much that they had to agree to the terms set by IBA. If that would have been the case, then they would not now oppose the petition pending in Madras High Court. That shows the double standards.
But soon the bankers will be able to see the "Asli Chehra" (i.e. True Face) of these union leaders. These union leaders will now not be able to beat around the bush and befool the members by shedding crocodile tears. They have to take a stand in the Madras High Court, as to whether they are in favour of payment by all employees / officers @ 1.6 times or they favour 2.8 times only from PF optees. Some of these unions have already been exposed. Let us see what does the market reports say as at the end of June, 2010.
It is reported that during the course of hearing of the case at Madras High Court, while opposing the interim stay granted by Madras High Court, advocates of IBA, and AIBEA and NCBE, requested for vacation of the stay. AIBEA and NCBE were represented by one of the top most firm namely M/s Aiyar & Dolia and wanted vacation of the interim stay on recovery of 2.8 times only from PF optees to be vacated. So the stands of these two unions are very clear now. They will be using the members’ funds (including PF optees) for payment to the law firms and fighting case against them. However, the Hon’ble Judge advised them to file their counter affidavits and Ordered continuation of the Stay Order. Next hearing has been fixed for 6th July 2010.
Vide circular No. 98 dated 29th June, 2010. AIBOC has declared "We are in constant touch with the IBA and the Convenor of UFBU, to initiate appropriate steps to vacate the stay, at the earliest, to enable IBA to issue necessary instructions to member Banks on the Pension offer". Thus, AIBOC is also likely to oppose the move and appears to be in favour of payment by only PF optees".
(Remember, the stay is not against the Pension offer or issuing circular by IBA, it is only against immediate recovery of 2.8 times of pay of November, 2007 from PF optees. )
The stand of other unions will also be clear within a week, as court in its orders says ""Notice to respondents returnable by 06.07.2010. There shall be an interim order of stay". (all major unions are respondents in this case). The reports indicate that NOBW may support the petition filed by Canara Bank Workers Unions. Similarly, BEFI may not oppose the petition of Canara Bank Workers union. The protest by INBEF has already been incorporated in the affidavit filed in the Court.
If the above reports are true, then 29th June 2010 would be regarded as a sad day in the history of trade union movement of Banking Industry. Souls of great leaders like Parawana Ji would be feeling really sad and dejected.
Till now they have been propagating that they have been forced by the circumstances and situation to accept contributory pension scheme in banking industry. They are giving so many logics and have been pleading as to why they could not make IBA agree to the Pension Scheme in its original form of 1993. We are unable to find any logical reason from Unions wherein it joined hands with the union of the Management i.e. IBA to defeat the efforts of bank employees.
Duniya ke Mazdooron ek ho - Duniya ke mehanatkashon ek ho ka naara laagene waale aaj majdooron ke khilaf hi Court main jaa pahunche.
TESTING TIME IS NOT FAR WAY NOW. NOW THESE UNION LEADERS WILL NOT BE ABLE TO SAY THAT IBA DID NOT LET THEM SUFFICIENT TIME AND CORNERED THEM SO SUCH THAT THEY SIGNED THE SETTLEMENT ON 27TH APRIL, 2010. THEY HAVE SUFFICIENT TIME OF OVER A WEEK TO DECIDE WHETHER THEY WANT TO PROTECT THE INTERESTS OF PF OPTEES OR WANT TO DO WHAT IBA IS SAYING.
It has also been reported that some Banks have issued strict instructions for payment of arrears to all the employees / officers by 30th June, 2010 or so, after keeping 2.8 times of the pay of November, 2007 in suspense account. This clearly gives an indication that banks are in a hurry to pay arrears so that they can deduct 2.8 times from the arrears of PF optees before orders of Madras High Court are delivered to them through IBA. In court they will take the plea that notice of stay was not received by them and arrears have already been paid. As Canara Bank has also rushed to pay the arrears today after keeping the 2.8 recovery in suspense, Canara Bank Workers Union is likely to give a strong protest letter on 1st July, 2010 at their Head Office. Canara Bank Workers Union has informed that they are proceeding to Bangalore to personally handover the letter along with a copy of the court order and get the acknowledgement.
Now all the bankers have to take a final call as to whether these union leaders are with the workers or are working against them. We know it is a difficult task as they have to eat their own words. They have issued number of circulars justifying as to why and how they were cornered to agree this changed stand on the night of 26th and 27th April, 2010. However, this is the time when they can correct the mistakes as PF optees have shared the burden of pension even in the last two Bipartite settlements (7th and 8th). This information is now shared by almost everybody (which was not known earlier to 99% of the PF optees).
The unions opposing the petition will be spending lacs of rupees in the legal battle. All this money can be saved if they simple say that we do not oppose the petition and are in favour of the same.
LET PF OPTEES DECLARE THAT THEY WILL QUITE THEIR UNION (WHICHEVER IT MAY BE) IF THEIR UNION OPPOSES THE PETITION FILED BY CANARA BANK WORKERS UNION AT MADRAS HIGH COURT. LET COURT DECIDE THE CASE ON MERITS.
(Inputs also by kamlesh.chaturvedi@yahoo.com; canara bank workers unions etc )
UPDATE ON THE ORDERS ISSUED BY VARIOUS HIGH COURTS AGAINST RECOVERY OF 2.8 TIMES OF NOVEMBER 2007 PAY
In order to ventilate the grievances of the employees, Writ Petitions have been filed in various Hon’ble High Courts.
(A)The First Writ Petition was filed before the Hon’ble Andhra High Court bearing number Writ Petition No. 8237 of 2010 where in Hon’ble Court has passed following orders:
“ORDER: Interim order dated 13-04-2010, to continue, subject to final orders to be passed in this WPMP. Any settlement also, shall be subject to final orders in this WPMP.
Post after Summer Vacation, 2010.”
(B) Writ Petition No. (C) No.3729/2010 has been filed before Hon’ble Delhi High Court, where Hon’ble Court has passed following Orders on 28.05.2010:
“Issue notice to the respondents to show cause as to why rule nisi
be not issued, returnable on 30.07.2010. Necessary steps be taken within seven
days.”
(C) Subsequently, Division Bench of Hon’ble Allahabad High Court while disposing Special Appeal No. 947 of 2010 passed following orders Orders:
“Issue notice.
Respondents are allowed three weeks time to file counter
Affidavit.
List thereafter”
(D) And now recently a Writ Petition bearing no. WP 12269/2010 has been filed before Hon’ble High Court of Judicature at Madras, in the matter of Clause No. 32 of the industry level Wage Revision Settlement dated 27.04.2010 and also clause (1) of the Pension Settlement of even date, seeking a direction from the Hon’ble Court to quash the above clauses only in so far as the said clauses require the provident fund optees now in service to contribute 2.8 times of the Nov 2007 revised pay, if they want to opt for the pension scheme.
Hon’ble Justice K Venkataraman, who heard the matter has ordered an interim stay and the next date of hearing, has been fixed on 06 July 2010. A copy of this order is enclosed.
From what is stated here in above, it is evidently clear that Clause 32 of Settlement dated 27.04.2010 and Clause (1) of Pension Settlement dated 27.04.2010 has become subject matter of judicial scrutiny by the Hon’ble Courts and Hon’ble Madras High Court has passed orders to stay the operation of these clauses.
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