C N Venugopalan
Ex-Manager, Union Bank of India
Nandanam
Kesari Junction,
N Parvoor,
Kerala – 683 513
Phone. 0484 2447994 Mob: 9447747994 E-Mail: ceeyenvee@gmail.com
No.20100611 11th June, 2010
The Hon'ble Minister for Finance,
Govt. of India,
New Delhi
Sir,
Fresh Pension Option to Bank Employees –
Government shall not offend the Constitution and substantive law
I invite your kind attention to letter No. PMO ID No.9 3 2010 – PMP4 164953 and 164954, both dated 2nd June, 2010 from the Prime Minister's Office, forwarding my letter Nos. 20100511 and 20100511 (a) dated 11th May, 2010 to your office for appropriate action.
The Government that evolves out of the magnificent Constitution of the nation has the responsibility of conserving and protecting its grandeur by ensuring various guarantees like right to equality of the citizens besides its own sanctity. For the very same reason, the Government has to secure the various assurances and guarantees relating to equality of the people of all manners to place itself at the pinnacle of glory. The Government itself becoming a party to creating circumstances in which a certain community feels totally aggrieved will not be able to retain its sheen. The aggrieved will tend to make a hue and cry and will ultimately be driven to Courts of Justice for redressing their grievance resulting in huge influx of petitions in Courts that are already saddled with heavy backlog of cases.
IBA and Bank Unions have concluded an agreement to extend a fresh Option for Pension to those who could not exercise it when offered in 1995 because of the presence of an adverse chapter providing for forfeiture of entire past service of an employee in case one participated in strike any time. Though fresh option was legally mandatory to be extended to them when the particular clause was scrapped from the Pension Regulations in February, 1999, Public Sector Banks fraudulently kept the amendment in camera and failed to comply with the legal requirement and deprived majority of bank men of their legitimate right. Albeit the fact that the draft Pension Regulations of 1993 and the Final Pension Regulations sanctioned by the Government categorically stated that "an option once exercised shall be final and irrevocable", banks revoked the options of some employees (including me) exercised in response to the draft Regulations. This was done at the behest of IBA which is a mere voluntary organization of banks and had no powers to overstep the authority of the Government. IBA and Bank Unions, through their whimsical actions, evolved several queer banking equations, proving themselves as totally incompetent to address wage related issues of bank men. If the government goes by the recommendations of IBA – to be better called Indian Blunder Arcade- its very image will be get tarnished soon. It has become imperative that the Government set up a separate Pay commission for the Bank employees for determining the compensation for labour in the industry as in the case of Government servants.
Now that the Government is examining the modalities of extending fresh Option for Pension, it is inevitable that the absurdities are eliminated and full justice is rendered to the people who have been stranded in life for want of income after serving the banks for making what they are now. I felt is desirable that proper feed back on items of strategic importance be given to MOF as otherwise, the wrong implementation of the scheme may generate an impression among the banking community that the MOF and the Hon'ble Minister heading it are devoid of the requisite faculties of mind. With a view to preventing fresh anomalies in the process of implementation, the following items deserve special attention:-
1. Banks are alleging deficit in Pension Funds and lack of financial muscles and make an attempt to recover from the beneficiaries of Pension Scheme a substantial amount from their wages. This has no locus-standi. The simple question that pops up is "what banks and Government would have done if every one had opted for Pension when offered initially?"
2. The recovery of Provident Fund (employer's share) paid at the time of retirement together with 56 percent on it from the retired is a gross anomaly. While commissioning the Pension Scheme in 1995, all those who retired from 01 01 1986 were given its coverage on refund of the CPF paid on retirement along with 6 percent simple interest. This is having precedence and if it is done, it will bring in some amount of fair play. One who retired 10 years back paying 56 percent of the CPF ( say on Rs.2.50 to Rs.3.5 lakhs) may not be suffering much, but one who retired recently say in 2009 also paying back the same 56 percent ( say on Rs.7.00 to Rs.9.00 lakhs ) will be the worst victim of the stipulation. The former must have at least enjoyed the interest on the amount while the latter has not at all. Subjecting the latter to such an irrational payment is vitiated by gross injustice. The envisaged recovery as also its modality is equally not maintainable.
3. Pension is payable under one and the same Pension Regulations. Recovery of a levy from one segment is illegal as another set of employees are paid pension without the levy.
4. While concluding the pact on Pension, the date from which Pension is payable to the already retired is reportedly fixed as 27th November 2009, the date of signing the pact. This deprives the beneficiaries of the Pension payable to them from the date of retirement to such arbitrary date, albeit their legal eligibility to get the same. In my own case, the amount of Pension forfeited through the pact would be Rs.9.00 to Rs.10.00 lakhs for the past eight years. If the bank and the government are to snatch away the pittance payable to an employee on retirement for its functioning, it poses a big shame to the great nation. The wage pact was one to be signed much earlier and the undue delay in signing the same has also put the beneficiaries to the loss of pension for the delayed period as per the "black pact". When one set of people who have done the same work for the organization are paid pension from the date of their retirement, denying the pension payable to the others till the arbitrary date is quite unfair from legal and social angles. It is heard that the date is agreed upon at the instance of the Hon'ble Finance Minister after the parties to the pact consulted him. If so, it can cast a shadow on the reputation of the Minister who himself is a legal luminary and a versatile genius and the decision takes things to the nadir of ethics.
5. As per the Pension Pact, the commutation will be allowed as on the date of the option and not on the basis of the age at the time of retirement. This runs counter to Pension Regulations as subsequent amendment of the Regulations in any manner infusing fresh conditions will be as futile as patching a hole with darkness. Commutation is, in all fairness to be reckoned on the basis of the age at the time of retirement and not from the date of option as there is no enabling provision so far in the Pension Regulations. .
6. Recovery of 2.8 times the revised pay of November, 2007 from those who are in services is also not justified in any way as their counterparts who are already in Pension Segment are not made to pay the levy. Fact remains that when pay revision took place every time, a portion of the load factor was taken from the PF Optees and Pension Optees uniformly and placed in Pension Fund of Banks. Courts have viewed Pension as deferred wages and once again taking a fresh levy, that too from CPF optees alone for placing them in Pension Scheme is irrational. A number of suits are already filed in different parts of the country already by the victims.
7. The key industry is perpetrating inequality in compensating labour since three retirement benefits viz. Pension Gratuity and CPF are paid to employees in government run Allahabad Bank while those in other stronger PSBs banks paid two benefits only. The position obtaining in State Bank of India is also similar to that in Allahabad Bank. How can one reconcile if pay and allowances in MOF is different from that obtained in another Ministry.
The various legal aspects relating to the fresh option are reportedly being examined by the MOF in consultation with the Ministry of Law and Justice now. In order that righteousness is established in the process of implementation and the possible huge influx of petitions in various High Courts are prevented, it is felt essential that the recovery of 56 percent from the retired, 2.8 times pay from the working etc. are dispensed with and commutation is permitted on the basis of age at the time of retirement while extending fresh option. It is my humble submission that the Government shall not inflict an injury to the Constitution of the Country and to substantive law placing itself on Achilles' heels while dealing with the banking community that has contributed their mite to the Financial Sector in a great way. If instructions have already been issued, they may please be revised in a befitting way.
It is also pertinent to say here that the six days working bank men are paid a pay hike of 17.5 percent alone when the five days working government employees were paid 40 percent hike which is 229 percent higher than that of bank men. The proposed variable pay in baking industry is also fraught with serious repercussions as it will result in erosion in income when those who pleased the immediate boss will be paid lavishly.
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I am enclosing a copy of the letter, Former Justice of Supreme Court Mr. Krishna Iyer had addressed to the Hon'ble Prime Minister in relation to fresh Option of Pension to be extended to bank men. A copy of my letter is also marked to the Ministry of Law for their information for doing the needful. It is my earnest desire to roar the slogan "Bharat Mata Kee Jai" as done hitherto and not "Weep, Weep Mother India".
I earnestly request you to consider the various matters at length and to have me a line in reply.
Thanking You,
Yours faithfully,
C N Venugopalan
cc.to:-
The Hon'ble Minister for Law and Justice,
Government of India, New Delhi
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