Sunday, July 5, 2015

Some News About Bipartite Settlement

Sri Kamlesh Chaturvedi Writes On Facebook on the issue of unilateral change in provisions related to stagnation increment in Joint Note dated 25th May 2015

Immediately after signing of BPS, unilateral violation started and Unions sleeping
Clause 5 of BPS dated 25th May 2015 reads as under:
"The clerical and subordinate staff including permanent part-time employees on scale wages on reaching the maximum in their respective scales of pay, shall draw eight stagnation increments at the rate of Rs.1310/- and Rs.655/- (pro rata in respect of permanent part-time employees) each due under this settlement, and at frequencies of 3 years a...nd 2 years respectively, from the dates of reaching the maximum of their scales as aforesaid except that in the case of clerical staff, sixth, seventh and eighth stagnation increments will be released two years after receipt of fifth, sixth and seventh stagnation increments respectively, provided that an employee who has completed two years or more after receiving fifth stagnation increment as on 1st November 2012 shall receive the sixth stagnation increment as on 1st November 2012.


Provided further that a clerical / subordinate staff (including permanent part-time employees on scale wages) already in receipt of seven stagnation increments shall be eligible for the eighth stagnation increment on 1st May 2015 or two years after receiving the seventh stagnation increment, whichever is later."

On 16th June 2015, IBA has issued a Circular and has modified the terms of the settlement adding Stagnation Increment Improvements and thereby changing the date of Implementation for 5to 6th and 7th to 8th Stagnation Increment as 1st May 2015.
Now its interesting to see if IBA can make alteration/modification in terms of settlement unilaterally without unions? The answer to this question is given in Clause 42 of same BPS, itself in following words:

"42. InterpretationIf there is any difference of opinion regarding interpretation of any of the provision of this Settlement the matter will be taken up only at the level of the Indian Banks’ Association, the All India Bank Employees’ Association, the National Confederation of Bank Employees, the Bank Employees’ Federation of India, the National Organisation of Bank Workers and the Indian National Bank Employees Federation for discussion and settlement."

Thus, IBA can't unilaterally and arbitrarily change the terms of Bipartite Settlement. The matter is required to be taken up at the level of all the negotiating parties. So a question arises as to why IBA knowing well that it can't make such amendment has mended the terms and Unions striving for levy have not spoken a single word against such violation which is a serious matter. If IBA will be amending settled terms and conditions in this manner on whims and fancies, no value would remain attached to BPS.

 Does not silence of Unions prove that they have completely surrendered before IBA giving IBA unfettered right to change or amend any thing unilaterally without involving unions?




CPI(M) backs stir by bank officers-The Hindu-5th July 2015
CPI(M) State secretary has warned the Dhanlaxmi Bank management of serious consequences if it failed to reach a consensus with officers of the bank who are on strike. .
He was speaking after expressing solidarity with the officers, whose indefinite strike completed 23 days on Saturday.
 
“The bank management is trying to impose barbaric steps on workers. If the management continued its obduracy, we would make it sure that no branch of the bank would function in future,” he said. Dhanlaxmi Bank Samara Sahaya Samithy organised a massive rally in the city.
 
Mass protest
T.N. Prathapan MLA, who participated in the function, said the management would face mass protest if it continued its stand. V.T. Balram, MLA, called on the agitating leaders.





Communication of RBONC to IBA

 Saturday, 4 July, 2015 1:41 PM

 
From:
"R.K. Pathak" <ratnakarpathak@gmail.com>

Ref. No. RBONC/292/2015. July 03, 2015

The Chairman,
Indian Banks Association,
MUMBAI


Respected Sir,

SUB : Bank Retirees' Issues.

At the outset we thank you for considering one of the demands of the bank retirees as included in the Charter of Demands submitted by us i.e. Medical Insurance Scheme. We have been, time and again, requesting you to call the retiree organizations for a dialogue so that not only the issues pertaining to the bank retirees could be discussed but the grievances redressed.

The following, among others, are the major demands of the bank retirees which were also highlighted in the notice for strike calls given by the UFBU stressing for resumption of wage revision talks and for an immediate settlement. All the retiree organizations have supported the calls and participated in the programmes. since the issues pertaining to retirees are also included in the notice.

1 100% Neutralization of Dearness Relief.
2. Updation of pension.
3. Standardization of Family Pension.
4. Uniform Medical Reimbursement Scheme.
5. LFC for retiree and his/her spouse.
We may recall here the Joint Note dated 14-03-2010 signed between IBA and UFBU before signing IX Bipartite an excerpts reads as under:

"IMPROVEMENT IN PENSION SCHEME: We took up with IBA various improvements in Pension Scheme like periodical UPDATION OF PENSION
along with wage revision for serving employees, 100% DA Neutralisation to
all pensioners, common indexation of pension, increase in commutable
portion of pension, increase in pension for pensioners above age of 80,
covering CPF Optees who resigned etc. After discussion it has been
decided to submit a Memorandum on these issues to the IBA and the
Government and to be pursued further"
It is regrettable that neither IBA nor the UFBU have moved these issues to RBI and Government all these years in spite of continued approach time and again.

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All along we have been, under the banner of UFBRO akin to UFBU requesting to call the Representatives of retiree organizations - affiliates of UFBRO in the discussions and to involve them. It is worth mentioning here that the Representatives of IBA and Government have agreed to the suggestion of Dr. Sudrshan Nachiappan, then Chairman of Parliament Committee on Public Grievances to set up Grievances Cell at the Head Office of Banks headed by an executive not below the rank of a Deputy General Manager for which Government had also sent the communication to IBA to direct the Chief executives of the Banks. The Government have also directed to call the Representatives of Retiree Organizations by IBA periodically. It is unfortunate that IBA turned a deaf ear for the grievances of the bank retirees and allowed them to try their luck at the judiciary by spending whatever they got their retiral benefits while banks at the instruction of IBA and Government spend public money with no accountability as observed by a Bench comprising 3 judges of Supreme Court saying that they are not paying from their pocket. Therefore, we request you to spare some time and give us a slot in your busy schedules at the earliest.

We note that IBA and UFBU have signed the Wage Revision Settlement (X Bipartite) on the 25th May 2015 and also find that the Government has since accepted the settlement and permitted disbursement. But, it is unfortunate that though the Representatives of UFBU assured us to get the issues of the retirees resolved they have, unceremoniously signed (got signed?)a "Record Note of discussions on the issues and demands relating to retirees of the Banks" that reads in the first para "IBA maintained that any demand of retirees can be examined only as a welfare measure as contractual relationship does not exist between banks and retirees." We are surprised as to how a most learned man heading one of the progressive Nationalised Banks as well as holding a post of a Presiding Officer of an Association of comity of bankers both public and private can arrive at such a posture throwing all cannons of law into thin air to negate all claims of the bank retirees. A question is being posed as to what relationship exists between the retired Chairmen and retired Executive Directors and their family and the Banks/Government to get continued Medical Reimbursement Scheme and periodical revision of their pension. We are at a loss to understand the provision for getting these benefits after their demitting office after their tenure of appointment/employment. If there is one, does not the retirees too fall within the ambit of such a provision because the retired Chairman/Executive Director was a General Manager of a Bank drawing Pension under the same Employees'Pension Regulations 1995?

To say about "contractual relationship" we would like to bring to your kind attention that the services of employees/officers in public sector banks is "NOT a contractual relationship" but the moment one enters the service he becomes a "Government Employee" since the banks are owned by the Government. The appointment is under "statues" as they are governed by duly enacted legislations in "Bank's Service Regulations 1976", "Bank's Disciplinary & Appeal Regulations 1976", "Bank Employees' Pension Regulations 1995", "Reserve Bank of India Act" "Bank Nationalization Act 1970/1980", Constitution of India, etc. and upon introduction of pension they are also covered by "Civil Pension Rules of Govt. of India". If you have come to the conclusion that the service of bank employee/officer severed with retirement of whatever nature your attention is kindly invited to Regulations 42, 43, 44 and 45 in CHAPTER IX of Pension Regulations 1995. Further the officers are also treated as "Public Servants" and subjected to CVC and Prevention of Corruption Act, the sword hangs over their head even after retirement. Therefore, we strongly refute the term "Contractual relationship" used in the Draft Note and the retirees continue their relationship even after retirement as long as they get the pension even extends to the length of life of their spouses. What contract exists with the spouse of the pensioner when Bank is paying pension on the death of the pensioner?

A through study of Pension Regulations will reveal as to how the relationship extends beyond superannuation. One wonders as to how the Banks disburse pension to retirees? How IBA advises Banks periodical increase in the Dearness Relief if there is no relationship? Why
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Regulations stipulate to have yearly actuarial assessment and Regulation directs the Banks to provide sufficient funds? What relationship for the Family Member (Spouse)? Does Bank enter into any contract to pay Family Pension? How retirees are subjected to Disciplinary Action not only under Bank's Conduct and D & A Regulations but also under Pension Regulations (See Chapter IX) if there is no relationship? How IBA recommended and Government permitted Ex-Gratia to pre-1986 retirees? Is there any contract between the Banks and spouses of deceased pre-1986 retirees? Why Government has increased their ex-gratia payment?

As an eminent banker one must know about "contract" and nature of contracts. Every bankman knows about "void" "voidable" contracts. Any contract in violation of the statutes is void ab initio, one is fully aware. It is stated in Para 1 of the "Record Note" - "The periodic wage revision exercise based on mandate from member banks cover only wages and service conditions of serving employees." May we have a copy of the Mandate of banks directing IBA not to consider the demands and issues of the bank retirees or any authority to enter into an "Unholy" "Void" contract with UFBU. Under these circumstances the "Record Note" which is signed by IBA and
UFBU is "Void ab initio" and we do not agree for the contents thereof. Please also note that the General Body of RBONC (Triennial Conference) held at Vadodara on 11th June 2015 moved a resolution unanimously rejecting the "Record Note" and called upon IBA to scrap and withdraw it. We, therefore, request you to treat the said "Record Note" as withdrawn and cancelled as "VOID".

At the outset we are thankful for having considered our request for a uniform Medical/Hospitalization Reimbursement Scheme as extended to the in service employees/officers, subject however, to payment of premium on the Insurance Linked Scheme. Kindly recall that RBONC has been advocating such a scheme by giving three alternatives. We are pleased that IBA has called UFBU (as directed by Hon'ble High Court of Delhi in the writ petition - J. K. Sahwey Vs Union of India/IBA/Punjab National Bank - LPA 437/2010 DB Delhi HC - and adopted insurance linked scheme out of the three. In this regard we have suggested to take out a MASTER POLICY covering all in service employees, their family members and retirees and their spouses through a single Insurance Company so that not only the banks but also the retirees/spouses are benefitted. (kindly refer our letter No.RBONC/252/2015 dated 22-06-2015 addressed to Sri M. V. Tanksale, CEO, IBA).

In the "Draft Note" the IBA has given their response to the issues/demands of the bank retirees and we would like to offer our comments thereto as under.

a) A revised hospitalization/medical expenses reimbursement scheme - We have given our detailed suggestions in our letter No.RBONC/252/2015 dated 22-06-2015 addressed to Sri M. V. Tanksale, CEO, IBA and we request you to kindly consider the same in the best interest of the member banks in general and bank retirees and their spouses in particular. A start has been given under PMJDY and PMSY under which the master policy covers crores of people whereas in our case it will be around 60 - 62 lakhs including retirees/spouses.

b) Leave Fare Concession - You must be aware that employees are over burdened with work for per employee business is around 28 - 30 crores on the one hand but they hardly complete the work within the banking hours. The staff shortage is another reason and they are not in a position of avail the leave and that is the reason for the demand for increasing the quantum so that atleast they are benefitted by way of encashment of accumulated leave at the time of retirement. Under these compulsions they are not in a position to avail the LFC during their service. Our demand is "LFC for once after retirement" that too only for retiree and his/her spouse anywhere in India. They may be permitted to travel by "Economy Class in Air Travel". This will cost about 2 months pension and will be affordable. Please see that this is acceded to.

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c) Revision in the rates of Family Pension - The question of affordability does not arise here since the Pension Regulations are drafted on the pattern of RBI Pension Regulations based on Civil Pension Rules. When it is said that it is on the lines of RBI Scheme, the RBI had already recommended for the change and the Government had accepted. Necessary amendments to RBI Pension Regulations have been effected and Government having accepted have gazetted the same. This change of flat 30% family pension applies to bank retirees mutatis mutandis.

d) Extending Dearness Relief at 100% to all pre-November 2002 pensioners - At the first place we would like to know whether a feasibility report has been obtained while extending this 100% neutralization to retirees post 01-11-2002 when signing VIII Bipartite Settlement. If not, how the affordability of the banks was determined in the absence? What is the additional burden to the Banks on account of implementing 100% neutralization to post November 2002 retirees? This benefit automatically devolved to the retirees post-November 2012. Whether IBA has had any statistics on the additional burden to the Banks? 
 
The response of IBA reads "Firstly, the matter is sub-judice as certain cases on this issue are pending for decision with Supreme Court. As such, IBA cannot take a decision on this issue at this stage." You are aware that that are not one but many High Courts all over ruled that this has to be extended to pre-November 2002 retirees quoting the Supreme Court decision of a Constitutional Bench comprising 5 eminent judges of the Apex Court headed by Hon'ble Justice Y V Chandrachud in the case of D. S.Nakara Vs Union of India. It is SLPs filed IBA as one of the parties and Apex Court has not restrained IBA from implementing the issue and it is not necessary for IBA to wait for the outcome of the said cases since the decision will be in favour of the retirees because it will be on the basis of Constitutional Rights enshrined under Article 14 and 16 of Constitution of India. "Where there is a will - there is a way" is the proverb and when IBA has already settled the issues in the past though certain cases were pending at different courts this issue can also be considered.

It further adds "From a humanitarian point of view, IBA may examine". We are rather surprised with this narration as Bank Retirees are "NOT BEGGARS" but asserted our right of "Equal Treatment for a Group as a Whole" enshrined in the Constitution which has been upheld by various courts all over the country. It is unfortunate that Executives of IBA do not find reasons though they honoured the decision of Apex Court on the matter of "Extending 2nd Option to SVRS Retirees". 
 
Talking about "Humanitarian point of view" we wonder why this was not thought of while filing SLP at Apex Court against favourable orders of High Courts? Why "Humanitarian point of view" is not shown to withdraw the SLP and extend the benefit of 100% neutralization of DR instead of saying "sub-judice"? Where was "Humanitarian point of view" while denying 2nd option for retirees under SVRS/VRS/CRS/Resignees? When "Humanitarian point of view" will dawn to arrive at the feasibility despite court orders? Who has to remind to get "Humanitarion point of view" to have a detailed costing exercise?

We hope "Humanitarian point of view" will arise soon and this benefit will be extended immediately and by withdrawing all the pending cases on this issue.

e) Updating the Basic Pension of all the pensioners and uniform index of 4440 points.
We would like to invite your kind attention to the original agreement dated 29-10-1993 between IBA and UFBU in the matter of extending pension scheme to bank retirees wherein it was agreed to extend "Updation" also among others. It was agreed to have the exercise within a period of 30 days. In view of failure on the parties to the agreement to pursue these matters and upon establishment of Retirees Organizations in the Banks as well as National Confederation this was taken up by these organizations with IBA as well as UFBU. Therefore, a joint agreement has been
-- 5 --
signed on 14-03-2010. We hope IBA will come out with the cost implication for introduction of the scheme if not from 1993 atleast prospectively from 01-11-2012 as has been done by Government who implemented as from 01-01-2006 to their employees. We will touch the feasibility aspect later part of these submissions.


f) Updation of pension for all existing pensioners and family pensioners.
We are glad that IBA, though belatedly, agreed with the suggestion of UFBU to collect the details of the pensioners and ascertaining the actual cost in order to work out a solution. Instead of parring the question IBA should have collected the informations, additional cost involved in funding the Pension Fund etc. before coming to the conclusion that it involves huge additional cost. IBA has not quantified the amount needed to say huge additional funding is required.

We would like to invite your attention to Regulation 11 of Pension Regulations 1995 and it is mandatory for the Banks to cause an investigation by an Actuary into the financial condition of the Fund every financial year on the 31st March and the Bank shall make such additional annual contributions to the Fund as may be required to secure payment of the benefits under the Regulations. These reports are available with the Banks for the past 20 years and from the said reports the figures could have easily been gathered. It is also not out of place we mention the extract of Section 10(7) of Bank Nationalization Act - ACT 5 of 1970/89 reading:
"Sec. 10(7) - Closure of accounts and disposal of profits.
After making provisions for bad and doubtful debts, depreciation of
assets, contribution to staff and superannuation funds and all other
matters for which provision is necessary under any law or which
usually provided for by Banking Companies, a corresponding new
Bank shall transfer the balance of profit to the Central Government." 
           
Therefore it is mandatory for the Banks to provide contribution to staff superannuation funds (Note - it is funds - i.e. Gratuity Fund, Provident Fund, Pension Fund etc) out of the profit before the balance is transferred to Central Government. But Banks are transferring the balance of profit without providing for superannuation funds of the retirees like 100% neutralization, updation, family pension, etc.

g) Periodical updation/improvement in pension ... ... on the lines of Central Government.
We once again stress here that the Pension Scheme in Banks is the replica of RBI Pension Scheme and Central Civil Services Rules 1972 or Central Civil Services (Commutation of Pension) Rules,1981 as applicable to Central Government Employees (Reg. 56 of Pension Regulations, 1995). Updation of pension was implemented by Central Government on the recommendation of V Central Pay Commission as from 01-01-2006 though the Government was functioning since centuries. As mentioned above it was agreed in the original pension agreement dated 29-09-1993 and by a Joint Agreement with IBA and UFBU as per agreement dated 14-03-2010 cited above. Even in the case of Central Government employees it was introduced for the first time since 2006.

Your response in this regard as narrated in the said Record Note is not acceptable to us and we reject the same as baseless. The Banks are expected to honour the mandatory provisions of the statutes and they cannot (in this case IBA as authorised by them) violate by entering into a "VOID" agreement detrimental to the interests of the bank retirees. Here again without any statistics on hand IBA cannot come to the conclusion that this will have serious impact on working of the banks. This will be explained infra.
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h) Uniform percentage of allocation from Welfare Fund towards schemes pertaining to retirees.


In this regard we request you to issue necessary guidelines to all the banks to involve the Retiree Organizations in the meetings concerning distribution of funds towards in service and retiree employees.

Feasibility for funding the Pension Fund to meet the demands/issues of bank retirees.
In the absence of any facts and figures having produced before the table it is not correct to assume that this will have serious impact on the working of banks. The Banks, in terms of Section 10(7) of Bank Nationalization Act - ACT 5 of 1970/80 are required to make provision for superannuation funds and are expected to transfer the balance of profits to the Central Government. Another mandatory obligation you will find in Reg. 11 of Employees' Pension Regulations 1995 that stipulates - reading: The Bank shall ... ... ... and make such additional annual contribution to the Fund as may be required to secure payment of benefits under these regulations." The Banks continued to violate these statutory provisions and denied the retirees the benefits all along.

For your kind information the Banks have transferred a total dividend of Rs.6,757.22 crores including State Bank of India as dividend for 2013-14 to Government. This amount is pittance in the face of total Budget amount of around Rs.7,00,000,0000000 crores of Central Government.

We feel, on a rough calculation, the additional burden on account of implementation of four demands of retirees may not exceed 10% of the above i.e. Rs.675 crores i.e. 25-30 crores per bank. The total profits of banks for the year 2012-13 is Rs.1,02,927 crores and for the year 2013-14 is Rs.96,289 crores. The reduction is by additional provision to NPA as per norms of RBI. Further, this profit is after writing off for bad debts to the tune of around Rs.31,000 crores and apart from that amount provided for towards NPA and Restructured accounts to the tune of around Rs.42,000 crores. Perhaps, the additional burden will not be more than 1% of Rs.73,000 crores.
It is to be borne in mind that as from 01-04-2010 in the industry New Pension Scheme has been introduced on the on hand and number of pensioners under the present scheme dwindles gradually on the other.
Against this backdrop it cannot be said the banks will go bankrupt if the demands and the issues of the retirees are acceded to and implemented. We once again stress here that it shall be considered in view of the fact that these benefits are extended to RBI employees and Central Government employees and the relevant provisions which are applicable to bank retirees also mutatis mutandis legally.
Lastly, we have been assured by UFBU Representatives that retirees' demands/issues will be resolved and agreement reached before X Bipartite Settlement is signed. We fail to understand the circumstances as to how all the experienced and learned leaders of 9 constituents signed the "Record Note" on dotted lines to negate the aspiration of the bank retirees who depended for a fruitful negotiation.
However, we gather from the responses of IBA that it expressed "humanitarian point of view" and open to consider upon collecting the details of the pensioners and ascertaining the actual cost and arrive at a solution.
-- 7 --

We, therefore, of the firm view that Chairman, IBA will go through these submissions and call the Representatives of National Retirees Organizations - Retired Bank Officers' National Confederation (RBONC), All India Bank Retirees Federation (AIBRF) and All India Bank Pensioners and Retirees Confederation (AIBPARC) for discussions on the demands and other minor grievances pertaining to retirees.
We await early response.
Yours sincerely

R. D. Deshpande,
GENERAL SECRETARY

Wednesday, July 1, 2015

Learn How To Live Happily AND Peacefully

I have collected some good points and good ideas for peace of mind  which I share with you.

Peace of Mind Tips and Advice

By Remez Sasson

Remez Sasson is the founder of Success Consciousness. He is the author of articles and books, teaching how to use your mental tools and inner powers to create a life of happiness, success, fulfillment and inner peace.

What Is Peace of Mind?

Peace of mind is a state of mental and emotional calmness, with no worries, fears or stress. In this state, the mind is quiet, and you experience a sense of happiness and freedom.
Such peaceful moments are not so rare. You have experienced them in the past, at times when you were engaged in some kind of an absorbing or interesting activity. Here are a few examples:
  • Watching an entertaining movie or TV program.
  • Being in the company of someone you love.
  • Being absorbed in reading a book.
  • Lying on the sand at the beach.
  • On vacation, when you experience some sort of mental numbness, forgetting your work and day-to-day-life.
  • In deep asleep, when you are not aware of anything.
Such activities, and similar ones, take away the mind from its usual thoughts and worries, replacing them with an experience of inner peace.
The question is, how to bring more peace of mind into our life, and more importantly, how to experience it in times of difficulties and ordeals.
You might also ask, whether it is possible to turn it into a habit, and enjoy it always and under all circumstances. Actually, there are a few things you can do to enjoy more peace in your life.

Tips and Advice for Peace of Mind

  1. Minimize the time you spend on reading newspapers or watching the news on TV. Since most of the news are negative news, and you cannot do anything about them, why should you think about them and feel stressed and anxious?
  2. Stay away from negative conversations and from negative people. You don't want their thoughts and words to sink into your subconscious mind and affect your moods and state of mind.
  3. Don't hold grudges. Learn to forget and forgive. Nurturing ill feelings and grievances hurts you and causes lack of sleep.
  4. Don't be jealous of others. Jealousy means that you have low self-esteem, and therefore, consider yourself inferior to others. Jealousy and low self esteem, often, lead to lack of peace of mind.
  5. Accept what cannot be changed. This saves a lot of time, energy and worries. Every day, we face numerous inconveniences, irritations and situations that are beyond our control. If we can change them, that's fine, but this is not always possible. We must learn to put up with such things and accept them cheerfully.
  6. Don't dwell on the past. The past is not here anymore, so why think about it? Let bygones be gone. Forget the past and focus on the present moment. There is no need to evoke unpleasant memories and get immersed in them.
  7. Learn to be more patient and tolerant with family, friends, co-workers, employees, and everyone else.
  8. Don't take everything too personally. A certain degree of emotional and mental detachment is very helpful. On many occasions, it would be useful to inject a certain measure of detachment and non involvement. This would bring into your life more peace, harmony and common sense.
  9. Learn to focus your mind. When you can focus your mind, you can more easily reject worries and anxieties, refuse to think negative thoughts, and reduce the constant chatter of your mind.
  10. Meditation is not everyone's cup of tea, but if you have the time, and are willing to try it, even just a few minutes a day will make a difference in your life. You will become more peaceful, relaxed and happy.
Inner peace eventually, leads to external peace. By creating peace in your inner world, in your mind, you bring it into your external world, and into other people's lives.


40 Ways to Create Peace of Mind
By Lori Deschene

“Set peace of mind as your highest goal, and organize your life around it.” ~Brian Tracy

There was a time when I thought peace was a destination, in much the same way I imagined I’d eventually arrive at happiness or success.

It seemed like something I needed to chase or find—definitely not something I could experience without dramatically changing my life.

I needed to work less, relax more, and generally revamp my circumstances and relationships in order to be a peaceful person.

Despite seeing peace as an endpoint, I also saw it as something passive—after all, that’s why I was so stressed: I had so much to do.

I’ve since realized that peace is always available, and like any desirable state of mind, it requires effort, even if that effort entails consciously choosing to be still.

Sure, our circumstances affect our mental state, but they don’t have to control them, not if we make tiny choices for our well-being.

Admittedly, it’s not easy to choose peace when we’re going through tough times. I still go through periods when I get caught up in worries and stresses, and it can feel like that’s the only available response to things that have happened.
But it’s not. There are countless things we can do to create peace of mind—both in response to events in our lives, and proactively, everyday.

If you’d also like to develop a greater sense of peace, you may find these suggestions helpful:

Meditation

1. Take 5-10 minutes for a simple seated meditation.
2. Take 100 deep breaths, counting “and one,” “and two,” and so on, with “and” on the inhalations and the numbers on the exhalations.
3. Take a meditative walk, focusing solely on the physical sensations of walking—the earth under your feet, the swing of your hips.
4. Find a guided meditation on YouTube and let it lull you into a blissful state of presence.
5. Practice alternate nostril breathing. Hold the left nostril down and inhale through the right; then hold the breath. Release the left nostril, hold the right one down, and exhale through the left. Now start on the left with an inhalation, exhaling on the right. This is one set. Do up to five of them.

Communication

6. Write down everything that’s weighing you down mentally and then burn it as a form of letting go.
7. Write down everything you’ve learned from a difficult experience so you can see it as something useful and empowering instead of something to stress you out.
8. Tell someone how their actions affected you instead of holding it in and building resentment.
9. Call someone you’ve denied forgiveness and tell them you forgive them.
10. Apologize for a mistake instead of rehashing it, and then choose to forgive yourself.

Creativity


11. Engage in a little art therapy; grab some crayons, markers, or paint and put all your feelings on the page.
12. Create a peace collage. Include images that make you feel relaxed and at ease. (Google “peace collage” and you’ll get lots of ideas!)
13. Meditate on your favorite peace quote and then write it in calligraphy for framing.
14. Take a walk with the sole intention of photographing beautiful things that make you feel at peace, like a tree with colorful autumn leaves.
15. Write a blog post about what gives you peace of mind. (This has been a calming experience for me!)

Activity

16. Get up and dance to your favorite song, focusing solely on the music and the movement. Get into your body and get out of your head!
17. Take a long walk on the beach, focusing on the feel of the sand between your toes and the sound of the crashing waves. Cliché, but highly effective!
18. Go for a bike ride in a scenic part of town, and immerse yourself in the calm of your environment.
19. Take 5−10 minutes for stretching, syncing your breath with the movements (or if you have an hour, visit a local studio for a yoga class).
20. Declutter a cluttered part of your home, creating a more peaceful space.

Acceptance

21. Muster compassion for someone who hurt you, instead of wallowing in bitterness, which will make it easier to forgive them and set yourself free.
22. Set aside some time to actively enjoy the good things about the present instead of scheming to create a better future.
23. Create a list of things you love about yourself instead of dwelling on how you wish you were different.
24. Focus on what you appreciate about the people in your life instead of wishing they would change (assuming you’re in healthy relationships).
25. Recognize if you’re judging yourself in your head with phrases like “I should have” or “I shouldn’t have.” Replace those thoughts with, “I do the best I can, my best is good enough, and I’m learning and growing every day.”

Solitude

26. Start reading that book you bought about dealing with the challenge you’ve been facing.
27. Schedule a date with yourself—a time when you don’t need to meet anyone else’s requests—and do something that feeds your mind and spirit. Go to a museum or take yourself to your favorite restaurant and simply enjoy your own company.
28. Sit in nature—under a tree, on a mountain—and let yourself simply be.
29. Be your own best friend. Tell yourself what’s on your mind, and then give yourself the advice you’d give a good friend who had the same issue.
30. Repeat some positive affirmations that help you feel present, peaceful, and empowered.

Connection

31. Tell the truth in your relationships. When we hold in our true feelings, we create stress for ourselves. Be kind but honest and share what you really feel.
32. Catch critical, blaming, or self-victimizing thoughts. Instead of ruminating on what someone else did wrong, express yourself and ask yourself what you can do to create the change you’re seeking.
33. Have fun with someone you love. Forget about everything that feels like a problem and do something silly and childlike.
34. Connect with someone online who can relate to what you’re going through and create a mutually supportive relationship by sharing and listening.
35. Let someone into your self-care routine—ask a friend to join a yoga studio with you, or invite your sister to jog with you on the beach.

Contribution

36. Volunteer your time to help a charity you believe in. Put all your energy into helping someone else, and you will inadvertently help yourself.
37. Volunteer at your local animal shelter. Animals are naturally present, and it’s contagious!
38. Do something kind for someone else without expecting anything in return. If they ask what they can do for you, tell them to pay it forward.
39. Leverage your passion to help someone else (i.e.: if you’re an aspiring designer, design a logo for a friend). You get to get in the zone doing something you love; someone else gets support they need. A win/win!
40. Leverage your purpose to serve someone else, not for money—just because. That might mean helping them pursue their passion, or motivating them to reach their fitness goals. Whatever gives your life meaning, give it to someone freely.

As is often the case with these types of list, this can seem a little long and overwhelming. The important thing is that we do at least one tiny thing every day to create mental stillness. What helps you create peace of mind?

Meditation For Peace Of Mind-Art Of Living

Respond Instead of React

Have you observed your mind when turbulent situations arise? These situations trigger powerful emotions in us. When emotions are on a high, the tendency is to react and be impulsive. Further, we can get very easily carried away by our emotions and our awareness of the present moment is lost. We start thinking, why did this happen to me? What have I done? and so on, instead of focusing on the action to be taken. We also worry and are anxious about the future-of how things can return to normal again. This continuous bombardment of thoughts reduces our ability to think clearly and we often end up reacting to the situation, instead of responding.

Prepare the Mind to Become Still

A turbulent mind filled with such uncontrolled thoughts drains out the energy called prana (life force energy), leaving us completely tired, exhausted and frustrated. So how do we move from this turbulence to tranquility? How can we respond to such situations with a peaceful mind? Explains Shriram Sarvotham, senior Art of Living Yoga teacher, “We cannot directly force or demand the peace of mind but we can prepare the mind to become still.” Meditation prepares the mind to calm down effortlessly.

Act with Complete Awareness

Meditation releases the stresses that are accumulated in our mind and leaves it fresh and clear. It brings the mind to the present moment which is the field of action. See, can we smile yesterday? Can we smile two hours later? We can only plan for it. But, we can smile NOW. That is in our hands. Any action is possible only in the present moment. When we act with complete awareness of our action, when the mind is totally attentive to the moment, the action is perfect and mistakes do not happen.

Spread The Waves Of Peace

An interesting aspect is that we have the ability to influence our surroundings- When we enter a room where a fight has happened, we feel a little uneasy; whereas when we enter a room where a baby is playing, the enthusiasm and joy catches on to us even if we are tired. Similarly, even in a tumultuous situation if we have inner peace, we can spread the vibrations of peace around us which can help reduce the turbulence. A few minutes of meditation daily helps remain calm during any situation.

A Few Minutes Just For You- Your Meditation Time

Wondering how to break the knots of daily work along with other responsibilities, to find just a few minutes of meditation time? A good time to meditate is in the morning, as it will help you remain peaceful during the day. You could meditate when you wish to take a break from your work, for instance, before your evening coffee. This is the time you can just be with yourself, shutting down the doors of daily chatter in your mind and just relax completely. You can make the most of this time and enhance your experience of meditation with a few quick tips.

Meditation Made Easy : Follow These Tips

  • Comfortable surrounding - It is advisable to meditate in a quiet place. This saves you from distraction and helps you go deeper in your experience.
  • Be regular with the practice - It is a good idea to meditate at least twice a day and be regular with the practice. Only then will you be able to observe its positive effects with each passing day.
  • Meditate with your buddies - You could get together with some of your close buddies and meditate in a group. This will enhance your experience; it will also help you to be regular with your practice.
  • Try some stretches before meditating –This helps release the stress and tension in various parts of your body and helps you relax to have a more enjoyable meditation.
  • Observe your thoughts - Do not make an effort to resist your thoughts. Let them flow. Meditation is effortless.
  • Take it easy - Make sure you meditate for at least 10-15 minutes. Do not be in a hurry to open your eyes.
  • Make sure your stomach is not full – This will prevent you from falling asleep!
Inspired by Sri Sri Ravi Shankar's wisdom talks
By Divya Sachdev and graphics by Niladri Dutta

Link for Peace Of Mind

Link For 40 Ways to Attain Peace

Link For Meditation

Ten Commandments For Peace of Mind





Tuesday, June 30, 2015

Bank Trade Union Leaders Opt For NO Levy


The Massage of Comrade GV Manimaran Gen Secy Of Canara Bank Officers' Association to all the Comrades on LEVY.......

Mother of all Surprises

When we are basking in the glory of unprecedented rental increase, here comes the "Mother of all Surprises"

"NOT TO TAKE LEVY"...


Our GS Sri. Manimaran's decision not to charge levy from the members on the 10th Bipartite arrears is not only unprecedented but Historic in every sense of the term.

Never In the history of any trade union such a decision is taken. It shows not only complete transparency in the organisation but also faith in the membership.

Friends, a few days back some of our members thought of giving letter to the Bank not to take levy from their arrears, getting confused by a trade union who decided to charge 4% levy from its members! Then our GS has left the decision to the members who overwhelmingly come forward to contribute!

But our GS has something in his mind and he has been indicating of some surprise!

Here comes the Biggest surprise !

Imagine friends when some other trade unions have become greedy and collecting huge levy, here is a leader who tells his members that he is comfortable with his funds and forego the levy that too when the organisation is in the midst of conducting hundreds of activities regularly and especially through CANPAL.

The decision of not collecting Levy is something extraordinary and simply great and Sri. G V Manimaran deserves all the kudos for this bold and historic decision.

Jagadeesh JS
Central Liaison
 
Ranvir Malik Writes on Sick Bank
 
UPA in 10 years of it's misrule gave us "SICK COMPANIES but no defaulting promoter was labelled "SICK PROMOTER". Default to repay on the part of major business houses is many times more than the Income Tax deparyment contributes towards GDP. The article below is an eye opener

"The total write-offs of loans made by the commercial banks in the last five years is Rs. 1,61,018 crore, which is 1.27 pe...
r cent of the GDP," said Mr Raghuraman Rajan. "1.27 per cent of GDP would have allowed 1.5 million people to send their children to get a full university degree from the top private universities in the country, with all expenses paid. That's the size of the write-offs that we are talking about."

India's banks confirmed worrying trend: of total loans of Rs. 63 lakh crore, non-performing assets (NPA) or defaulted loans stood at 4 per cent. Restructured loans make another 5 per cent and along with stressed loans (repayments due for more than 30 days), the amount of bad debt in the economy was Rs. 14 lakh crore, about 20 per cent of all advances.

Lanco, which announced 11 power projects in that period, has an outstanding debt estimated at around Rs. 36,000 crore. Such a scorching pace of expansion resulted in huge amounts of debt on the books of every major infrastructure player: Adani (Rs. 81,000 crore), Ambani (Rs. 1.13 lakh crore), Jaypee (Rs. 63,000 crore), Essar (Rs.98,000 crore) and so on. The debt estimates are from a 2013 report by the Swiss asset management company, Credit Suisse.

Between 2007-2013, as the debt of Essar Group's power subsidiary shot up from Rs. 15,000 crore to Rs. 52,000 crore, so did the debt in the rest of the company's verticals - rising from Rs. 10,000 crore to Rs. 46,000 crore - according to Credit Suisse estimates.

RBI Governor Raghuram Rajan has warned against this vicious cycle. In a speech in November last year at the Institute of Rural Management Anand (IRMA) in Gujarat, he said, "Too many large borrowers insist on their divine right to stay in control despite their unwillingness to put in new money. The firm and its many workers, as well as past bank loans, are the hostages in this game of chicken - the promoter threatens to run the enterprise into the ground unless the government, banks, and regulators make the concessions that are necessary to keep it alive. And if the enterprise regains health, the promoter retains all the upside, forgetting the help he got from the government or the banks - after all, banks should be happy they got some of their money back! No wonder government ministers worry about a country where we have many sick companies but no 'sick' promoters."
 
CVC recommends prosecution of two EXIM bank officials-DNA
 
The Central Vigilance Commission has recommended prosecution of two senior executives of Export Import Bank of India (EXIM bank), the country's premier export finance institution, for their alleged involvement in a corruption case being probed by the CBI.

The Commission advised issuance of sanction for prosecution in respect of two officials last month, it said in its monthly performance report.

The CBI had sought sanction to prosecute the officials, who are now working at the level of Chief General Manager and Assistant General Manager, for their alleged involvement in a corruption case. The CVC has approved the agency's request and asked the bank to give approval to prosecute the two, a senior CVC official said.

The probity watchdog has also advised major penalty against 107 officials, including 16 working with Bank of India, 11 in Oriental bank of Commerce and ten in Punjab National Bank, the CVC said.

Besides, CVC has also advised slapping major penalties on seven officials each of Canara Bank and Central Board of Excise and Customs, six each of Bank of Baroda, State Bank of Bikaner and Jaipur, Railway Ministry, Delhi Development Authority and HMT Ltd, and five officials each in Central Bank of India and Corporation Bank.

The Commission had processed 2,009 complaints (including 50 whistle blower complaints) last month and sought investigation report in six complaints from the concerned ministries, the report said. It effected recovery of Rs 1.71 crore during May after conducting technical examination of procurement and other works done by ten government departments, the Commission said.

It is reported in newspaper Today that United Bank of India has been placed at Top in the list of banks having more stressed assets compared to their total advances and in comparison to private banks

If a person read news about banks regularly , he is aware that banks like State Bank of India, Punjab National Bank, Bank of Baroda, Bank of India, Union Bank, Oriental bank are considered as stronger banks whereas banks like United Bank of India, Central Bank of India , Uco bank, Indian Bank, Dena Bank, Vijya Bank are considered as weaker bank. Even two to three decades ago, banks like United Bank of India, UCo Bank, Indian banks were considered as weak bank and were on the verge of merger with so called stronger banks.

Government of India has been making promising year after year and quarter after quarter that health of public sector banks is good and regulating agencies like RBI and Ministry of Finance is closely watching the performance of these banks. As a matter of fact , actual health of these banks never improved by virtue of any change in policy or change in controlling offices. It is the art of manipulation which helps some banks to show good performance in some quarters and bad performance in some other quarters. Some of Chiefs are purely looters and some are less looters. Some banks have been exploited by politicians to greater extent and some are to lesser extent due to some reason or the other. Some of Chief are blind flatterer of Ministers and some are less Yesman. In fact there is no improvement in work culture and no change in attitude of politicians in using bank for vote purpose.


Unfortunately , Government of India has never taken any step to improve the health of PSU banks. On the contrary , ruling party has always tried to exploit these banks for political advantage. Sometimes they prescribe Loan Mela for growth of bank and sometimes they build pressure for write off of bad loans. Sometimes they build pressure on banks for priority sector lending and sometimes for lending for growth in infrastructure in the country. Sometimes the prescribe brainless expansion of branch network or ATM network and sometimes they ask for opening of accounts or doing insurance business.

It is they who have damaged the banking culture from grass root level and injected corruption and malpractices in PSU banks. It is they who use banks to garner votes and then it is they only who accuse banks for lesser profit compared to banks. When Financials of PSU banks reflect signs of weakness compared to peer private banks, they prescribe certain change in policy or change in Chief of banks, but dirty culture of exploitation of bank never stops.


Due to continuous exploitation of PSU banks by politicians , health of these banks have consistently moved from good to bad and bad to worse. GOI has to provide capital support from time to time. Even then the health of banks do not appear to be improving, rather it is deteriorating quarter after quarter. Volume of stressed assets in weakest bank United Bank is reported to be 21.5% and that in strongest bank SBI is more than 15%. This is the statistics which is published by these banks and which is accepted by RBI too.

If correct assessment of quality of assets of all PSU banks is done by an unbiased agency without any fear of repercussion or punitive action, I am very much sure that volume of stressed assets will be around 50 percent of total advances or approaching it.

And the matter of concern is that no concrete step has been taken by any agency to stop this uptrend in stressed assets. Quality of lending has not improved. Quality of workforce promoted to higher level is not based on ability to perform or based on seniority and experience but purely based on flattery and bribery. Similarly quality of recruitment in PSU banks has faced erosion year after year during the regime of reformation launched since 1991. So called merit oriented promotion policy or recruitment set up has failed to ensure merit at any level, rather it has promoted demerit.

Obviously , on the one hand banks are appearing to recover bad loan , on the other they are adding many more times of it as new bad loan. They are unable to control loss caused by frauds and stressed assets. It is all because neither management of banks are honestly doing corrective and reformative work, nor are government officials or ministers taking any concrete step to stop further deterioration in quality of assets and quality of work force.

Unless and until there is change in culture and mindset of people who work in bank and who monitor and regulate them ,there is no hope for improvement in health of ailing PSU banks. GOI will have to decide whether banks are to be used as tool to fulfil social objective or to be left free to earn profit and profit only. Similarly , bank officials have to decide whether they are meant to serve their organisation or they are to served their bosses and bosses only.


United Bank of India tops list with highest bad loans among PSUs -Hindu Business Line--29th June 2015

United Bank of India has topped the list of public sector lenders with maximum bad loans including restructured assets as a percentage of total advances.

According to the data provided by the RBI to the Finance Ministry, United Bank of India’s 21.5 per cent assets are either bad or have been restructured to save them from turning non-performing assets (NPAs).
 
The other banks that have significant amount of gross NPAs and restructured loans include, Central Bank of India (21.30 per cent), Indian Overseas Bank (19.40 per cent), Punjab & Sind Bank (18.74 per cent) and Punjab National Bank with 17.94 per cent as on March 2015.
 
State Bank of Patiala, Allahabad Bank, Oriental Bank of Commerce, UCO Bank and Dena Bank all have bad and restructured loans in excess of 15 per cent.
The rising bad loans have been a major concern for the Reserve Bank as well as the government and steps are being taken to deal with it.
 
Most of the restructured loans are from the corporate sector. The top-30 defaulters are sitting on bad loans of Rs 93,769 crore, which is more than one-third of the gross non-performing assets of PSU banks at Rs 2,55,180 crore as on March 2015.
 
There are four kinds of restructuring. The first and foremost is restructuring of advances extended to industrial units, restructuring under Corporate Debt Restructuring and restructuring of loans extended to MSME as per RBI guidelines.
 
However, banks have their own operational rule for restructuring of small loans.
The RBI has not prescribed any board or bank level position at which these loans need to be approved

Saturday, June 27, 2015

News On Saturday Off, Stagnation Increment And Pension

Saturday off for banks from July 25-Hindu Business Line-27th June 2015
Mumbai, June 26:  
The first Saturday off for banks in India will kick in from July 25, a fourth Saturday.
This is as per a government notification declaring second and fourth Saturdays closed for banks
 
RBI has cleared and sent their approval for implentation of 2nd and 4th saturday off to IBA from 15th July. IBA is vigorously following up for issuance of notification to this effect. It may take time as DFS will have to get the notification vetted from Law Ministry. In all probabilities 4th saturday of July will be off in the Banking Industry. Harvinder Singh, General Secretary,AIBOC
 
 
 

.
IBA clarifies on Stagnation Increment under 10th Bank Wage Settlement for Bank Employees
Indian Bank’s Association

HR & Industrial Relations

No. CIR/HR&IR/XBPS/KU/919...


June 16, 2015

Designation Officers of Banks which are parties to the 10th Bipartite Settlement/Workmen Union dated 25.5.2016

Dear Sir,
Stagnation Increment

Under the recently signed 10th Bipartite Settlement, it has been agreed that employees shall be eligible for 8th stagnation increment on 1st May, 2015 or two years after receiving stagnation increment, whichever is later.

It has been further agreed that the period of 3 years shall be reduced to 2 years for sanction of 6th stagnation increment. Accordingly it has bee provided in the Settlement that an employee who has completed two years or more after receiving the fifth stagnation increment as on 1st November, 2012 shall receive the sixth stagnation increment as on 1st November, 2012.

In this connection, we advise that the financial benefit on account of this reduction of eligibility from 3 to 2 years for sanction of the 6th stagnation increment shall accrue on or after 1.5.2015 since the additional cost of such reduction in periodicity from 3 to 2 years has been adjusted at 50% of the actual cost and hence to be effective from 1.5.2015 (30 months out of 60 months of the period of the Settlement).

However under clause 40 of the settlement dated 25.5.2015 in ‘Implementation’ it has inadvertently mentioned as under:-
3 Stagnation Increment – 8th 1st May, 2015

In view of the adjustment of cost as 50% of the total cost towards improvements in stagnation increment/s this needs to be corrected and read as under:
3 Stagnation Increment improvements (5th to 6th & 7th to 8th Stagnation increment) 1st May, 2015

Member banks may kindly take a note of the above.

Yours faithfully,

K. Unnikrishnan
Dy. Chief Executive


IN THE HIGH COURT OF DELHI AT NEW DELHI
W. P. (C) NO.______OF 2015
IN THE MATTER OF:

Central Bank Retirees Grievances
Cell “Kasht-Haran” & Anr. …Petitioners
...
VERSUS

Ministry of Finance & Ors. …Respondents

PETITION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OF CERTIORARI, MANDAMUS OR ANY OTHER APPROPRIATE WRIT, RULE, ORDER OR DIRECTION FOR UPDATION OF PENSION OF BANK RETIREES.

MOST RESPECTFULLY SHOWETH:

1. That the petitioner is filing the writ petition under Article 226 and 227 of the Constitution of India for issuance of writ of certiorari, mandamus or any other appropriate writ, rule, order or direction for updation of Pension of Bank Retirees.
2. That the petitioner is a Trust created to help the Bank Retirees and to pursue the legal remedies to the grievances of the Bank Retirees through its Chairman Sh. Som Prakash Srivastava who himself is a Bank Retiree from Central Bank of India.
3. That the respondent No.1 i.e. Ministry of Finance is having overall control and policy making Government Authority hence respondent No.1 is a necessary party herein. The respondent No.2 i.e. Reserve Bank of India (RBI) is an authority to make rules and regulations guiding all the Nationalized Banks of the country. All the rules and regulations framed for the Nationalized Banks are formulated with due consultation and approval of the RBI, thus, the same is also necessary party herein. The respondent No.3 i.e. Indian Banks Association (IBA) is an association of all Nationalized and other Banks and is an empowered body to negotiate, settle and represent on their behalf. IBA is instrumental for formulation of rules, regulations and policies in the banking industry. Since IBA represents all Nationalized Banks and acts in the representative capacity, instead of making all the nationalized banks party to the case, the petitioner chose to implead the IBA only.
Further, it may be noted that as per Section 19 of the Banking Companies (Acquisition and Transfer of Undertakings ) Act, 1970, all rules & regulations framed require consultation by RBI and previous sanction of the Central Govt.
4. That the brief facts of the case are as follows: a Settlement dated 29.10.1993 between Bank Employees Representatives and Bank Management represented by IBA was arrived at for the pension related issues of the bank employees. As a result, the Bank Employees Pensions Regulations, 1995 came into existence and it was made enforceable w.e.f. 29.09.1995 when the due Notification was issued. Initially the said regulation covered only those Bank Employees who retired after 01.11.1993. However, later on, it was extended to the employees retired from 01.01.1986 onwards. A copy of Settlement dated 29.10.1993 is placed on record and marked as ANNEXURE P-1. In view of the said Settlement all the Banks framed Pensions Regulations 1995. They are almost all similar and hence a copy of one Bank namely Central Bank Employees Pension Regulation, 1995 is placed on record and marked as ANNEXURE P-2.
5. That the Banks framed Pensions Regulations, 1995 consists of three components (a) Basic Pension (b) Dearness Allowance & (c) one time payment of commutation on optional basis. Revision or Resettling of basic pension is a universal phenomenon. Basic Pension linked to basic pay has always been subject to revision corresponding to the revision of basic pay time to time. The basic pension should necessarily be updated to the wages/salary settlement in the banking industry. Unfortunately no updation has been carried out since the inception of the pension scheme to the bank retirees. Rather, unjustified categories of passed retirees and recent retirees have further added to the discrimination of that basis imparted by respondent No.3 on that basis.
6. That the respondent No.3 has compartmentalized the retired personnel without any justification and has allowed discrimination in the payment of basic pension and DA. The Dearness Allowance linked with consumer price index, given to the pensioners is also subject to discrimination. The bank retirees between 01.01.1986 and 31.03.2002 do not get 100% DA while others are paid 100% DA. Such discrimination is patently illegal as all are affected in the similar manner due to inflation. All the pensioners of Govt. service and that of RBI get 100% DA. This discriminatory action of banks is also contrary to the Clause-6 of the Settlement dated 29.10.1993 which is as follows:-
“6. Dearness relief to pensioners will be granted at such rates as may be determined from time to time in line with the dearness allowance formula in operation in RBI.”
7. That it is pertinent to note herein that after the Regulation, 1995, initially around 40% of the bank employees opted for pension as that was not considered beneficial by the bank employees. Gradually, when the employees became aware of the correct position of the scheme, the Unions/Associations of the bank employees kept on insisting to open yet another opportunity to opt for pension. In the 9th Settlement the Unions/Associations successfully brought another opportunity to opt for pension and resultantly, now around 98% bank retirees have opted for their pension. Due to the said situation, though the updation of basic pension has always been in the agenda, the same was never strongly agitated by the representatives of the bank employees and bank retirees. And the Banks kept on their discriminatory mechanism of computation of non updated basic pension alongwith D.A. discriminately.
8. That the Bank Retirees have broadly been kept in three categories:
i. Pre 1986 retirees whose basic component is ex-gratia drawn by them.
ii. Pensioners who retired between 01.01.1986 and 31.10.1992 draw basic pension upto Rs. 1250/-
iii. Pensioners who retired between 01.11.1992 upto 31.03.1998 draw basic pension upto Rs. 2400/-
iv. Pensioners who retired between 01.04.1998 to 31.03.02 draw basic pension upto Rs. 3550/-
This basic pension which should be revised as per increment in the pay scales as has been carried out in all Govt. Deptt./organization has remained stagmant to the Bank retirees.
9. That first of all updation of pension need not to be mentioned in the Regulation but is implied as the same need to be updated as per increase in the corresponding pay scales and salaries time to time. Secondly, it is patently against the spirit of Settlement dated 29.10.1993 that the updation clause was not inserted exclusively in the Regulations, 1995.
10. That the definition and scope of the term “Pension” itself includes:
a. different types of pensions, including family pension,
b. commutation of pension,
c. restoration of commuted pension,
d. suspension of pension,
e. withholding of pension,
f. withdrawal of pension,
g. forfeiture of pension,
h. updation of pension,
i. dearness relief on pension,
j. and so on and on.
Thus, the updation of pension is inherent and implied in the Scheme of Pension itself.
11. That notably as per clause-12 of the Pension Settlement dated 29.10.1993, provisions of the Regulation were required to be made by a Scheme through negotiation and settlement between the parties for applicability, qualifying service, amount of pension, payment of pension, commutation of pension, family pension, updating and other general conditions etc. on the lines of as are in the force in RBI.
12. That the consequence of the said omission of updation of pension is that the officers of the Rank of Chairman, Gen. Manager, Deputy Gen. Manager are getting their pension less than even to the Clerk & Peon of the Bank. One Sh. R.R. Kumar, Ex-Chairman, pre 1986 retiree, gets only Rs. 3000/- as pension. Following chart is indicative of the consequence of non updation of pension of Bank Retirees.

-------------------------------------------------------------------------------------------------------
NAME OF POST/PAY DATE OF BASIC PENSION
RETIREE SCALE RETIREMENT
-------------------------------------------------------------------------------------------------------
R.R. Kumar Chairman Pre 1986 3000
D.M. Tondon 2/Officer 31.07.1993 4357
A.C. Sharma 3/Officer 30.11.1996 5258
M.L. Pandey 2/Officer 31.05.1999 4945
S.P. Chaudhary 2/Officer 30.04.1998 4945
B.K. Chaturvedi 2/Officer 30.11.1986 1462
P.N. Kakkar 3/Officer 31.10.1993 6926
R.B. Dubey 4/Officer 31.12.1992 2775
-------------------------------------------------------------------------------------------------------

Thus, it shows as to how the officers of the Bank are getting minimal pension.
13. That Regulations, 1995 was framed and updation of pension stands to be implied in the same as that was the part of said settlement. “Other General Conditions etc.” of Clause-12 of the Regulations, 1995 did not exclusively mentioned updation of pension while it introduced all other aspects like suspension of pension, withholding of pension, withdrawal of pension, forfeiture of pension etc. as mentioned in the settlement.

14. That the demand of updation of basic pension has been denied by the IBA on the ground of the cost of updation of pension. This is totally unjustified and misleading.
15. That the Bank Retirees totally depended upon Bank Employees Association for ventilation of their grievances. The said issue was raised by them time and again but unfortunately it was never fructified. The charter of Demands dated 30.10.2012 presented to the Chairman of I.B.A. by five Bank Employees Associations/Federation raised the issue of updation of pension of Bank Retirees vide Sl. No. 22 which reads as under:
“22. RETIRED EMPLOYEES
▪ LFC and Hospitalization reimbursement should be extended to retired bank employees.
▪ Insurance cover to be provided.
▪ Ex-gratia to pre 1986 retirees/widows to be revised.
▪ Pension updation alongwith wage revision of service employees, revising the Basic Pension of all past retirees to the index point under 10th BPS, uniform rate of DA for all pensioners and removal of slab DA system for past retirees, improvement in family pension etc. on the lines of the Government/RBI Scheme.
▪ The percentage of allocation towards welfare schemes of retirees should be uniformly defined.”
16. That a Joint Note dated 27.04.2010 of the Negotiating Committee of IBA and authorised representatives of the officers Associations on salary revision and other issues concerning service conditions for bank officers. Amongst other issues, the issue of extending another option to those bank retirees who could not opt for pension was agreed to. The revision of pension of all Bank Retirees were not considered. A charger of demands dated 30.10.2012 was presented to the Chairman, IBA by several Bank employees Unions/Associations/Federation jointly. It categorically raised the issue of updation of pension vide Sl. No. 22 which is as follows:
United front of Bank Unions raised the following issues in the meeting held on 14.03.2014 with IBA.
a. Uniform D.A. to all pensioners
b. Improvement in family pension on the lines of RBI and
c. Updation of basic pension.
All India Bank Retirees Federation (AIBRF) also represented on 19.01.2015 to the IBA and raised following issues:
(1) Uniform dearness relief to all pensioners
(2) Pension updation of past retirees
(3) Improvement of family pension
(4) Uniform hospitalization scheme for retirees
(5) Pension option to left over past retirees.
Further All India Bank Officers Association also raised pension related issues vide letter dated 06.02.2015 and specifically raised following issues:
(a) Family Pension- increase to 30% as in the case of RBI;
(b) Updation of pension
(c) 100% D A to retirees w.e.f. 01.11.2002
(d) Hospitalization scheme as available to serving employees.
17. That despite aforesaid representations and demands raised by different associations/unions of bank employees, the minutes of the discussions held on 23/02/2015 between IBA and Workmen Unions/Officers Associations have again left out the pension related issues. A copy of the said minutes dated 23/02/2015 is placed on record and marked as ANNEXURE-P-
18. That aforesaid facts clearly shows that neither the Unons/Associtations, nor IBA nor the Government is serious about the genuine, bonafide and legitimate demand of the bank retirees who are feeling totally helpless. They have been left with no option but to file the present petition and seeking indulgence of the Hon’ble Court for ventilation of their genuine grievances.


,
24. That in the aforesaid facts and circumstances, the present writ petition is being filed on the following amongst other grounds:-

GROUNDS: