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Tuesday, January 26, 2016

Complaint to Prime Minister for 11th BP of BANK Employee

Complaint to Prime Minister
Status as on 26 Jan 2016
Registration Number : PMOPG/E/2016/0026893
Name Of Complainant : Anil Oberoi
Date of Receipt : 26 Jan 2016
Received by : Prime Ministers Office
Officer name : Shri Ambuj Sharma
Officer Designation : Under Secretary (Public)
Contact Address : Public Wing
5th Floor, Rail Bhawan
New Delhi110011
Contact Number : 011-23386447
e-mail : ambuj.sharma38@nic.in
Grievance Description : Honourable Prime Minister, The
Department of Financial services, Ministry of Finance has
given instructions vide their letter F. No. 4/2/2/2015-IR
dated 12-01-2016 to Chief Executive of Public Sector Banks
and IBA to initiate and conclude the process for next wage
revision of bank employees prior to effective date of
01-11-2017 which are illegal as under as per section 19 of
Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 (in short, BCATU Act,1970):- 1.
BCATU Act, 1970 is parental act in banking industries who’s
Section 19 has conferred the powers to board of Directors of
respective nationalised bank to frame rules and regulations.
2. The wages are also defined as Service Regulation in
bank. 3. The relevant extract of definition of section 19 of
BCATU Act, 1970 is reproduced hereunder for ready
perusal:- “19. Power to make regulations. (1) The Board of
Directors of a corresponding new bank may, after
consultation with the Reserve Bank and with the previous
sanction of the Central Government by notification in the
Official Gazette make regulations, not inconsistent with the
provisions of this Act or any scheme made there under, to
provide for all matters for which provision is expedient for
the purpose of giving effect to the provisions of this Act. (2)
--- (3) --- (4) Every regulation shall, as soon as may be after
it is made under this Act by the Board of Directors of a
corresponding new bank, be forwarded to the Central
Government and that government shall cause a copy of the
same to be laid before each House of Parliament,-------” 4.
Section 19 of BCATU Act, 1970 does not authorize IBA to
act in any manner for any wage settlement for bank
employees and also does not permit IBA for existing
practice of entering into a written agreement with various
association/union of officers and workmen employees for
wage settlement. 5. The kind attention of Honourable Prime
Minister is invited to the information provided under RTI Act,
2005 by Ministry of Finance vide their letter no. F.no.15/88/
2010-IR dated 01-11-2010 which is attached herewith vide
which it has been informed that IBA is neither constituted
under any act nor Public Authority nor any registered body
under Society act nor any trust nor company under section
25. It is also informed vide aforesaid letter under RTI that
IBA is association of member banks and member banks
contribute the expenses of IBA. Thus head of member
banks are accountable to explain the authority who
permitted them to utilize the public money for IBA. 6. In view
of these facts, IBA cannot be above nationalised banks who
are public authority and are classified as ‘State’ under
Constitution of India. 7. RBI, who is authorised body under
section 19 of BCATU Act, 1970 may kindly be instructed to
constitute a committee/commission for wage settlement for
bank employees at the pattern of Pay Commission for CCS
employees’. Honourable Prime Minister is kindly requested
to instruct the Department of Financial Services, Ministry of
Finance for (1) Stop the illegal interference of IBA for coming
XI Wage Settlement for bank employee (2) Instruct RBI to
constitute a committee/Commission for wage settlement of
bank employee (3) To look into that how IBA could interfered
in past for wage Settlement in excess of their jurisdiction (4)
To examine the role of head of all public sector banks in
utilising the public money for IBA (5) The existence of IBA
has no legal sanctity and required to be scrapped. With
profound regards, Yours faithful

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