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Saturday, October 31, 2020
Features of today's Meeting * Positively Final Settlement will be signed very soon. :*
After wage revision new DA% will be 23.8%
Main point finalized at today's meeting
Breaking News. Wage revision update
Friday, October 30, 2020
Tomorrow meeting at 10A. M with IBA
Banking is very sensitive sector N. Sitaraman
Thursday, October 29, 2020
I am surprised to read this letter---These leaders are illiterate and uselss
These leaders are illiterate and uselss.
Option of Single and Family floater came first time snd premium decrease for single.
When insurance co looted pensioners same premium for single and family then Great Union leaders were silent.
This scheme came in May 2015 because of this Great Union Leaders
Breaking News ----Wage revision
Spl pay must be merge with BP other wise not sign 11 BPS
Wednesday, October 28, 2020
Next wage revision talk with Iba on 31.10.2020
Tuesday, October 27, 2020
Pension Updating-Union letter to DFS
BEFI Circular Dt.27 OCt.20.....Letter To DFS.
Re... *Pension Updating*
Points...
1...Befi clearly accepted that para 2 of their Circular..That Pension Scheme has no provision for updating .
2...Although cause regarding uniformity with RBI Pension Scheme was available in draft (Clause 12) ,it was deleted in Final Document Of Pension Scheme adopted through Act passed in the Parliament . It's just an understanding having no value ..enforrceable through Court Intervention.
3... in last 3 years IBA didn't made any progress in impact study of Updating of Pension despite it was agreed in Record Note of 25.05.15
BEFI has participiated in Negotians with IBA till 22.07.20.. hence we have reasons to believe that whatever is stated by BEFI is authentic information unless any of UFBU constituents issues communication countering the statements made by BEFI as not true or mis understanding .
If there are differences within UFBU on such vital issues concerning Pension Scheme. What exactly the leaders discuss in their meetings of UFBU .
If they oppose the Stand of BEFI it will be proved that all constituents of UFBU ardcewal partners and small unions are members of UFBU fir name sake .
Further, if pension scheme is not having specific provision of Updating , unless UVA agrees for such amendment and sends proposal to DFS the question of adequacy or surplus in Pension Corpus wil not strengthen our demand based on adequacy funds .
It will definitely put additional financial burden on banks and unless proper funding arrangements are worked out the issue of pension updating will not be resolved in near future .
At least Retirees Associations are supposed to issue a circular sharing facts and ground reality instead of running after dreams .
Breaking News ---XI BPS - SUDDEN TURN OF EVENTS :
XI BPS - SUDDEN TURN OF EVENTS :
IBA has stated "However, legally speaking such Joint Notes unlike Settlements do not have any statutory force" (Point No.6 on Page No.4 of its Counter dated 21-10-2020 filed in Madurai Bench of Madras High Court).
Very candid admission, isn't it?
It is amply evident now that the Settlements done by IBA on behalf of all the Member Banks in the past have NO legal sanctity and legal enforceability.
1. All the Signatories said to represent the Member Banks have signed the Joint Notes in the past, only in their capacity as a Member of the 'Negotiating Committee' of IBA. So, all the Signatories are deemed to represent IBA only.
2. In 'Delegation of one's Authority', the Delegatee can further delegate his powers to a Third Party, as per Indian Contract Act, 1872, if and only if the first delegation allows it.
3. 'Mandate' said to have been given by the Member Banks is nothing but delegation of authority to negotiate on their behalf to finalise the wage revision with the Unions, Associations and Federations of Workmen and Officers.
4. But, it is not known if such 'Mandate' received by IBA from the Member Banks permits the Managing Committee of IBA to further appoint a 'Negotiating Committee' comprising of a small group of members chosen from among themselves, to represent the Banks who had given the Mandate. 'Implicit Delegation' is not recognised by Law.
5. Though the Members of the Negotiating Committee are drawn from different banks, they cannot be said to represent all the member banks of IBA, insofar as such Mandate has been received only from a section of the Member Banks - but not all. The fact that IBA has received mandate only from 35 member banks this time been confirmed by IBA itself, in its Counter dated 21-10-2020 submitted to Madurai Bench of Madras High Court.
6. It is now clear it is only a part of the 'Managing Committee' of IBA - not the managements of individual member banks - that is negotiating with the employees unions. We must remember that the full 'Managing Committee' of IBA, representing all Member Banks has not taken an active part in the day to day talks.
7. IBA is said to have a total number of 237 'Associate Members'. It is not revealed, of the said 237, how many are actually 'Scheduled Commercial Banks'. Whatever it is, only 35 Member Banks have given their Mandate to IBA for conducting wage negotiations on their behalf, this time. Thus, what IBA has received is only a 'Truncated Mandate' and not full mandate.
8. How does a 'Negotiator' call himself only a 'Facilitator', in order to escape from the attendant responsibilities and the consequential legal consequences?
9. How can IBA perform dual role - 'Negotiator' as well as a 'Facilitator' - simultaneously ?
Isn't it ridiculous ?
At the most, a Facilitator can also be a 'Witness' to the Agreement he has facilitated. He can never be a party to the Agreement. Cp
All bank employees have been suffering for the last 35 years
During the Corona period, all government offices remained banks for months, whose regular salary was also received. Bank employees worked continuously in the corona call without stopping, many bankers were victims of this pandemic in this corona period, yet the work of banks was not stopped, and if it is stopped, it is our salary hike agreement which is 3 Years pending for which the only and only IBA is responsible for who only knows how to mold who doesn't have to work on any formula. Can the CPC of the central government be with 2 % salary hike, even if it thinks so, it will only be called Sirfira or mindless. What was the argument of IBA behind 2 And our traitor leaders did not even know the logic of IBA on the 2 % offer of IBA so that they should be ashamed of the government and demanded to abolish it. But it smells of collusion of our traitor leaders too. Happy to get all the bonuses from Central / State Government today on Diwali but bank employees have been withholding their rights for 3 years just to get a few rupees unconstitutional Levi. For the last three years, the central government employees are getting bonuses on Diwali and the government is not able to give the bank employees their salary. Does such a government not worry about the votes of bank employees. The time of three years is very big while the government takes a lot of care of 40 lakh central government employees. The only reason is that the central government does not have a traitor leaders like banks who are just to get more Levy. Let's weave the kuchakra.
All bank employees should quit from the Union and find another possibility otherwise it is difficult to assess how much damage the selfish leaders will do to the bank employees.
Elections are going to be held in some states. Now the bank employees will have to unite and elect those who work for their betterment in the election.
Otherwise bank employees, you will be repeatedly considered as the only thing of use.
Monday, October 26, 2020
Wish hearty Greetings of Shuvo Vijay-Dashami & Dusserah
Sunday, October 25, 2020
BIPARTITE SETTLEMENT - THE INSIDE STORY WITH FACTS
BIPARTITE SETTLEMENT
- THE INSIDE STORY WITH FACTS.
The following is an extract from an Email from Sri C N Prasad:
"...There are three major organisations.
AIBOC is led by an Officer, Shri Soumya Dutta and he is still in service.
Shri Bandlish is also an employee of State Bank of India and he is the General Secretary of NCBE.
These two organisations cover over 50% of Bank workforce. Among major organisations, only Com. Venkatachalam, General Secretary of AIBEA is retired.
If Workmen were to accept Special Allowance at 16.4% agreed by the working leader, Shri Soumya Dutta, Joint Note would have been signed on Sunday, without updation of pension. Please support AIBOC and working leaders.
Retired leaders were not in the picture at all. Even thereafter, we would have found fault with AIBEA only.
In 1993,
AIBEA was lead by a retiree, Com Tarakda.
AIBOC and NCBE were lead by working leaders. Working leaders formed the Joint Action Committee and campaigned against the pension scheme. But, those leaders who had retired fought for the introduction of pension giving us at least the dream of updation of pension.
Working leaders brought stay.
BEFI did not sign.
They are all favourites of present-day Bank pensioners.
Joint Note of 14.12.1999 was signed incorporating '1616-1684' issue.
This was also signed under the leadership of Com. Shantaraju, who was in service of State Bank of India and was the General Secretary, AIBOC.
A letter was written by Com. Nadaf, General Secretary, AIBOC and Com.S A Kadri, General Secretary of NCBE wrote IBA that they are refusing to sign second pension option settlement. Both were working in State Bank of India. Eventually, only retired leaders signed the agreement on 27.4.2010, giving an opportunity to many of us to write, here in this group.
In 2015,
General Council of AIBEA passed a resolution accepting the load of around 12.5%, with some improvement in pension.
But, working leader, Com. Harvinder Singh, General Secretary, AIBOC insisted on 15% load and accepted with the introduction of Special Allowance, by restricting Superannuation benefit to 2%. The actual load was around 13% only. He has clearly stated that he is more interested in giving more money in the hands of his members who were in majority at that time, than improvement in pension.
Still,
Com. Venkatachalam was called an enemy because AIBEA was willing to agree for 12.5% plus load. He became enemy of Officers and retirees. He is blamed in this group itself for the introduction of Special Allowance and also for agreeing for less when working leaders got 15% without superannuation benefits for Special Allowance.
Working leaders were ready to recover 2.8% from those who already opted for pension in 2010.
Retired leader prevented it.
In 2005,
when 100% DA neutralisation was introduced without extending the same to pre-2002 retirees, Com Shantaraju was the Convener. Com.Shantaraju was working in State Bank of India and was the Convener of UFBU at that time.
Stagnation increments for the period between 1.11.2012 and 25.5.2015 are counted for calculation for pension, notionally, only for Award Staff.
But, Officers whose organisation is led by working Officers have not got this benefit.
I am proud to support the truth and facts. I do not support false and imaginary.
Accusations, whatever made are based on assumptions and hearsay.
I am giving loads of proof, why I should support an organisation which always supported pension and pensioner.
I was wondering whom we blame, in case Com. Venkatachalam is disabled from entering into an agreement, for all our problems. He has become a whipping boy.
I am not also happy with Com. Venkatachalam, with regard to the issue of pension option to resignees. But, such reservations are only issue-based, but not motivated.
I do understand that most of you who have developed a hatred for Award Staff and leaders of Award Staff Unions, continue to hate even after retirement.
I am a part of retiree movement last 25 years, as an employee at the age of 36 years. I am sure most of you were not even pensioners. Perhaps, I have a better experience with pension-related issues, more than most of you.
I have gratitude towards AIBEA, because of which I am drawing pension today, because of which I am demanding updation of pension, because of which many retirees' organisations were born and they are demanding the right to participate in negotiation, because of which pension was secured again in 2010 to even those who did not agree with organisation's views.
When Com. Tarakda was alive, people said Com. Prabhakar and Com. Parvana were giants. Those who were a part of AIBEA should recollect how Com. Tarakda was treated in Jaipur Conference. What do we say about Com. Tarakda, now? The same practice continues.
Is it a sin to have gratitude towards AIBEA?
I am not supporting any organisation, which is acting against retirees' interest continuously.
Thanks, a Million.
With regards,
Saturday, October 24, 2020
We are dieing from all over. It's very painful and shameful to all Bankers.
Performance Govt bank vs Pvt Bank in PM Svanidhi Scheme
. On 31 Oct we are going to complete 3 years of prolonged pain of BPS due .. Union govt no body care with us
Friday, October 23, 2020
Thursday, October 22, 2020
Bank Pension updation. It is an industrial dispute as recognised by the central labour commissioner
No 11th BPS till 28 th October
Report from Allahabad and Madurai High court regarding wage revision case
Wednesday, October 21, 2020
How the privatization of banks affects the common man.
Are UFBU militant leaders engaged in collective bargaining or collective begging?
Tuesday, October 20, 2020
Government has plans to sell 100% stake in four of the Bank of Maharashtra, Punjab and Sind Bank, and Indian Overseas Bank and uco
After these discussions, the government officials have opined that the government should not have any stake in the bank that is up for privatization.
This will make it difficult to convince the private players who are looking to invest that the government would not interfere in the board decisions.
This would instead drive away the private players, and if the government had no stake in the PSBs, more private players would be interested in buying the stakes.
The Indian Companies Act states that a shareholder with 10% of the paid up share capital of the company will be able to ask the board and organize an extraordinary general meeting.
Also, there are other ways in which the Government may be able to assure its presence and this might result in a restricted growth of the organization.
As we all know, the government has plans to sell of its stake in four of the Bank of Maharashtra, Punjab and Sind Bank, and Indian Overseas Bank and uco
This is still a developing story and we will keep you informed!
supreme court order dt.13 02 2018,special pay is now basic pay and ask the bank to re-fix pension,gratuiaty,and commutation from 01 11 2012
Shall the Special Allowance paid as per 10th BPS be reckoned as Basic Pay?
There are well settled court cases confirming that all allowances that meet the following 2 criteria, shall be treated as part of Basic Pay.
(1) It must be paid 'universally' to all employees 'regularly' (unlike Bonus, Overtime or Special Incentive)
(2) It is NOT an allowance paid for any special skill or handling any special task.
Since the existing Special Allowance meets both of these criteria and D.A. is also calculated on it and paid every month, I am confident that the courts will decide in favour of the employees (obviously, officers too). Let us pray for the positive judgement/s soon.
----------
V. Raghunath Sharma started this petition to Ministry of Finance and Indian Bankers Association.
I refer to the landmark judgment of the supreme court in special leave petition No 20661-20668/2012 .where in the “Supreme court upholds the definition of Pay as per Bank employees’ pension regulation 1995 for calculation of pension in the judgment pronounced on 13-02-2018 vide canara bank v/s Savitri Venugopal and others.
Among other things the court has observed the following which are relevant to the bank employees who retired after November 2012. :
1) There cannot be two pay scales 1) one for the purposes of calculation of salary and 2) the other for calculation of pension. In other words the pay taken for the calculation of salary should be reckoned for the purpose of pension also.
In case of employees retired on or after 01-11-2012 the bank had introduced a new pay called " Special Pay" which was eligible for payment of DA etc but kept it out of the preview for calculation of pension for retirees under the 10th Bipartite settlement with a clause as under
QUOTE: Special Allowance (w.e.f. 1.11.2012) With effect from 1.11.2012, officers shall be paid Special Allowance as under:
Scale I-III - 7.75% of Basic Pay + applicable Dearness Allowance thereon
Scale IV-V - 10% of Basic Pay + applicable Dearness Allowance thereon
Scale VI-VII- 11% of Basic Pay + applicable Dearness Allowance thereon
Note : The special allowance with applicable DA thereon shall not be reckoned for superannuation benefits, viz, pension including NPS, PF and Gratuity.
" The said supreme court judgment has very clearly laid down that the above system of having two pay scales one for the purpose of calculating salary and the other one for calculation of pension is illegal"
The special allowance which was “carved” out of basic pay portion and given a new nomenclature with intention to deprive the actual pension benefits of the pensioners ( with a view to manage the cost agreed upon and benefit only the existing staff) and is held as illegal by the supreme court.
The 10th bipartite settlement signed between the unions and IBA through the above said " New Allowance", which was a part of basic pay for calculation of Salary did not find a place for calculation of Pension thereby the Banks, in agreement with IBA had two separate set of calculations for Salary and Pension. Now that the Supreme court has held that " there can not be two separate calculations for salary and pension" the banks have to include the New allowance paid for salary for calculation of pension also.
The act of introducing two separate scales for calculation of salary and pension has resulted in reduction of pension payment to the retired bank employees which also resulted in recovery of pension paid to the pensioners according to the earlier settlement. Normally the revision of salary for Employees of Insurance sector is on the same patron followed in Banking industry ( as both banking and Insurance come under the same finance ministry) but strangely this injustice has been avoided in the Insurance sector wage revision.
The supreme court judgement now provides relief to the pensioners. The ministry has to instruct the Indian Banks Association to take corrective measures and calculate pension for the retirees on the basis of 10 months' ‘average emoluments’, as defined in Regulation 2(d) of the Regulations of 1995, (specified that the average of the pay drawn by the employee during the last ten months of his service in the Bank) shall be taken as “Average Emoluments”, so as to work out the pension under Regulation 35(2). This in effect would mean that the bank managements have to re-calculate pension as per Pension Regulations, 1995 and pay arrears from the date of retirement.
With this the retired Bank employees will get :
1) Refund of recovery made on illegal recovery of pension,
2) Get the basic pension re fixed at legitimate levels,
3) Get arrears on gratuity, commutation of pension etc.
This gives great relief to the retired staff who solely depend of pension and superannuation benefits for the rest of their life.
(Forwarded as received)
What is the need/utility of Indian Banks' Association (IBA) in Banking Industry
Indian Banks' Association (IBA) and its Need
(1) IBA is not a Body constituted by a Central Statute
(2) IBA is not covered under 'Right to Information' Act
(3) IBA is not amenable to judicial review
(4) IBA is only a voluntary Association of Bankers
(5) What 'locus standi' IBA can have in H.R. matters of Bank Employees?
(6) Then, why the hell IBA shall be involved in Bank Employees' Wage Negotiations?
(7) Keep IBA only as an 'Advisory Body' and nothing more than that
(8) Let Banks directly deal with Ministry of Personnel, Public Grievances & Pensions, in regard to H.R. matters concerning Bank Personnel
(9) Let Banks directly deal with Department of Financial Services (DFS), Ministry of Finance, New Delhi on Economical and Financial Matters and Reserve Bank of India (RBI) on Monetary and Regulatory issues
Sunday, October 18, 2020
IBA Derails the Officers’ Wage Revision... Details circular
Details updation on wage revision as on 18.10.2020
Saturday, October 17, 2020
Can a bunch of clowns stop the BPS/Jt Note signing?
No DA for bank employees after 2027.
Talk with IBA Derailed
Wage revision latest update 17.10.2020
Friday, October 16, 2020
Breaking news regarding wage revision just now
ANOTHER BOMB YET TO EXPLODE IN BANKING INDUSTRY
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