Friday, October 11, 2013

Bank Union Wins And SBI Tenders Apology In Court

Madras High Court stops SBI’s move to withdraw check-off facility-ET

CHENNAI: The Madras High Court on Thursday stopped India's largest bank State Bank of India from discontinuing what is called the "checkoff facility," an arrangement that gives its trade union easy access to the subscription fee paid by its officer members. 

SBI's move to discontinue the check-off facility, effected during the term of its just-retired chairman Pratip Chaudhuri, was seen as a way to quell trade union activities. 

The High Court verdict was closely watched as an order supporting the axing of the facility could have made similar trade union arrangements elsewhere vulnerable. 

"The withdrawal of this facility would have been a big blow to the union, and could have had major implications," said R Vaigai, a senior lawyer who appeared for the All-India SBI Officers' Federation, which appealed against the SBI move. 

Ranjit Goswami, SBI's chief general manager for human resources, was not available for comment. Chaudhuri could also not be reached for his view. 

The check-off facility works this way: based on a specific written request of an employee, the bank management deducts the monthly subscription (it varies from Rs 150 to Rs 200, depending on the circle) from the salary, payable to the union named by the employee. 

SBI was doing this on salary day, which is the twenty-fifth of every month. The facility, which has been extended to the officers associations since 1970, was withdrawn by Chaudhuri. 

Instead , members of the union were asked to pay the fee individually. Thomas Franco, general secretary of the Chennai circle of the officers' association, said the money thus collected is important to sustain the day-to-day operations of the union. There are 80,000 officers who are part of the union, he said. SBI employs around 2.3 lakh staff. 

A writ was filed by his association in the end of September. A separate writ was filed by the All India State Bank Officers' Federation. The Madras High Court stayed the SBI move. 

But then, only the Chennai circle implemented the order, Franco said. A contempt petition was filed on September 30, the day Chaudhuri was retiring. Given this, he was given permission to appear in person on October 10.

SBI tenders apology in contempt case against former chief

VINSON KURIAN---Business Line--11 Oct. 2013
State Bank of India has tendered an unconditional apology in the Madras High Court in a contempt of court case involving Pratip Chaudhuri who retired as Chairman on September 30.
The court had summoned Chaudhuri for a personal appearance on his last day in office, but at the request of the bank’s counsel, was given 10 days until Thursday to comply.
The case involved the summary withdrawal by the bank of the ‘check off’ facility extended to its of
ficers associations.
This had provided a lifeline to the associations in the form of individual subscriptions from salary accounts of member-officers routed to its account by the bank.
The management ensured that subscriptions ranging from Rs 100 to Rs 200 per employee went into the association’s account on the 25{+t}{+h} of every month, the salary payment day.
While tendering an apology, the bank assured the court that the amount to be collected as ‘check off’ for September will be debited to the bank’s system suspense account and credited to the respective circle associations’ account.
Justice N. Kirubakaran of the Madras High Court also passed an order that this credit should be made on or before October 15. The check off facility requires that at the time of joining, every employee gives a standing instruction in writing, authorising the bank to deduct the sum from his/her salary account.
The bank management had chosen to withdraw the facility suggesting to members of the unions that they pay up their subscriptions individually.

WRIT PETITION

After negotiations failed, the association of the Chennai circle filed a writ petition on September 23. Justice Kirubakaran stayed the impugned order of the bank.
The All-India State Bank Officers Federation filed another writ petition the next day, following which the court made the stay applicable to the entire country.
Though the Chennai circle of the bank implemented the court’s order, the corporate centre in Mumbai refused to enforce it in other circles.
This is what triggered the contempt petition against Pratip Chaudhuri and Ranjit Goswami, chief general manager (human resources) of the bank.
D. Thomas Franco Rajendra Dev, General Secretary, filed the petition for the Chennai Circle Officers Association while Y. Sudharshan did the same on behalf of the Federation.

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