13/08/2015
ALL INDIA GRAMIN BANK WORKERS ORGANIZATION
ALL INDIA GRAMIN BANK OFFICERS ORGANIZATION
(An Industrial Federation of Bharatiya Mazdoor Sangh)
CENTRAL OFFICE:- BMS,2426 RAM NARESH BHAWAN, TILAK GALI,CHUNA MANDI,PAHARGANG,NEW DELHI-110056
General Secretry (AIGBWO) Office Adderess-N-16/56,D-1-R,Vinayaka,Varanasi-221010
Email:[email protected] & Mob.No.09452565174
Ref/aigbwo/oo/140/15 Date-19.02.2015
Hon’ble Prime Minister,
Govt of India
New Delhi-110001
Respected Sir,
Sub: Regional Rural Banks (Gramin Bank) – Long pending demands of the
Employees / Officers & date and time to meet with our delegation.
Our heartiest congratulations to you. We are proud of being part of organization- Bharatiya Mazdoor Sangh, which has grown to occupy number one position in the country. Ours is an organization dedicated to the ideology and principles of BMS and we are focusing on the banking sector. Param Shrdheya Dattopant Thengadi ji has been the guiding force behind the emergence of our organization. We hope you will appreciate our view. As a responsive of responsible National Characters Trade Union , we would like to represent on the few burning issues for your kind consideration ------------
1-Relaxation in Promotion and Appointment Rules,2010 & Repatriate Scale IV Officers:-
Government of India, Ministry of Finance has in supersession of the earlier guidelines dated 05.12.2011 issued guidelines dated March 14th, 2012 for promotions of officers in PSBs, while providing relaxation for prospective implementation in provisions requiring involving mandatory experience, which is followed by PSBs .GOI, Ministry of Finance, Department of Financial Services directions, made applicable in PSBs viz. Sponsor Bank, in order to equip and met with the requirements of rural / Semi Urban branches/posting or experience at branch or Regional head etc ,be applied prospectively and relaxation be provided in order to enable RRBs. However ,keeping in view very late promotion process and retirement RRB staff in bunch. We request for lenient view for promotion of RRB staff in next cadre.
Sir, keeping in view requirement experienced skilled staff .We request to allow volunteer extension on scheme for service period 60yr + two more year if employer and employee both agree mutually, and bank is in actual need of their service. We believe it will help bank to face crises of experienced skill staff.
We, therefore, requests your good-self’s intervention and favorable nod, we request that Secretary, DFS, , may please be instructed to exercise powers conferred under section 24 & 29 of RRBs Act, 1976 and notify amended Promotion & Appointment Rules,2010 .
2-Release of Benefits and Allowances of Sponsor Banks:-
The remuneration of Officers and Employees are governed /determined by the Central Government in terms with powers enshrined under second proviso to sub- section (i) of section 17 of the Regional Rural Banks
Act, 1976 read with the Award of the National Industrial Tribunal hereafter referred as NIT. The NIT constituted by the GOI on the direction of the Apex Court dated 01.09.87 which has pronounced its Award on 30.04.1990 and vide Para 4.428 of the Award for equation of posts and fixation of new pay scales, allowances and other benefits, it is left to be decided by the GOI, accordingly, an equation committee constituted on 05.10.1990 under Chairmanship of Sri P. Kotaih, MD, NABARD, which had submitted its report to GOI on16.01.1991.GOI has considered and accepted the recommendations of committee,
thereby decided to implement the NIT Award, accordingly, then JS,MOF, vide their letter no. D.O. No. 11/3/90-RRB dated 06.02.1991 advised NABARD about their decision regarding implementation of pay, allowances and other benefits
It will not be out of context to place on record here that NIT Award Para 4.425 reads as, "What flows from finding is that Officers and Employees of RRBs will be entitled to claim parity in the matter of Pay, Salary, Allowances and all other benefits…”, accordingly allowances and other benefits were released at par up to Vth Bipartite Settlement by virtue of GOI orders dated 22.2.1991.Apex Court has further in its Judgment dated 31.01.2001 at page nos. 66 & 69-70, while disposing off SLP in SMGB Case, had mandated excerpt of which are reproduced, read as under:
"...... In so deciding, the Central Government would be duty bound to maintain "PARITY" with Pay structure of the employees of the Nationalised Commercial Banks in the “same sense and spirit" as Justice Obul Reddy decided and as given effect to by the Union in the year 1987….”.
“….Hereafter, as and when the pay structure of the nationalized commercial banks get revised on the basis of any bipartite settlement, the Union government should take a decision so far as the employees of the RRBs are concerned within a reasonable time and bearing in mind the conclusions, we have already arrived at so that "Parity" could be maintained….”.
It is significant to place on record that in recent review meeting of the performance o RRBs taken by the Finance Minister on 17.01.2013,minutes of which are circulated dated 30.012013 addressed to Chairman/CMD/MDs of Sponsor Bank with requests to take appropriate action and also to intimate status to Ministry by 28.02.2013.
3-Provident Fund :-
That NABARD vide their letter NB.IDD.RRCBD/8040/316/NIT/90-91 dated 19.02.1991 has informed all RRBs and Sponsor Banks regarding implementation of NIT followed by GOI Circular No. 11-3/90-RRB (i) dated 22.02.1991 detailing therein allowances and other benefits which were made applicable w.e.f. 01.09.1987 vide annexure VI. Under Chapter 5 of equation committee report dealt with Terminal Benefits
……
which includes Provident Fund, recommended that GOI may consider exempting RRBs from the provisions of the Employees Provident Funds and Miscellaneous Provisions Act,1952, so that the Employees of RRBs also can be brought at par with Sponsor Bank Employees i.e. governed by an Act,1925 , which was also reiterated by the R.C.Gupta WG Report too. Despite of persistent follow-up for almost two decades by us with the Government, it still awaits sanction by the Central Government, hence needs immediate readdress. Though, profitability is not germane factor as per NIT award Para 4.439 and Apex Court Judgments dated 12.04.1996, 31.01.2001.and .7.04.2002 respectively
4-Pension to the RRB Staff:-
NABARD Circular dated 20.03.1993, Annexure III page no.13 at Para13 which reads, “Pension as a terminal benefit available in certain sponsor banks due to various historic reasons is not to be extended to RRB employees, since the same historic reasons are not applicable to the RRBs.” It is pertinent to place on record here that may it be historic reasons persists/prevails before the WG, which has obviously changed/no more persists by virtue of 29.10.1993 Pension Agreement and modus operandi for extending Pension to RRB staff be expedited through dialogue.It is pertinent to place on record that AIGBWO & AIGBOO are allowed by Apex Court to implead as Party in SLP No. 39288/ 2012 filed by GOI, challenging Hon’ble High Court of Rajasthan Judgement ( D.B.) in the matter of GRAMIN BANK PENSIONERS SAMITI & ANR and Karnataka HC Judgements respectively.. AIGBWO&OO as being
original party who had since 16-09-1982 fighting relentlessly for Equality followed by WP No. 516/2K in which apart-from other, it was prayed to implement Agreement dated 29-10-1993 which includes Pension & Computer Increment, disposed off by the Apex Court in its Judgements dated 20-04-2011 disposing it in the light of Judgement dated 31-01-2001. Hon'ble Court of its in-principle decision to allow RRBs to adopt a pension scheme on par with NCBs subject to a given framework. Accordingly, Model Pension Regulation and Operation Guidelines to be issued to RRBs have been approved by the Government,
Hon’ble Supreme Court of india directed GOI Dt-26.11.2014 ……“In view of Apex Court, parties are permitted to negotiate for an amicable settlement, without any preconditions. The learned Additional Solicitor General representing the Union of India shall inform all learned counsel representing the Federations/Unions the modalities of the negotiation process. So as to ensure an effective and meaningful result, managements of the RRBs and all stake holders be also taken on board during the negotiations. In case, the Federations/Unions seek any documents in connection with the on going negotiations and furnish a list thereof, the same shall be provided to them. In case parties arrive at a mutual settlement, the same shall be placed on the record of this case within three “.In view of the averment, facts and circumstances enumerated here above inter judicial adjudications in favour of “Pension”, and “Parity”, kindly look into the issues so as to resolve/ implement/release Pension agreement 29-10-1993
5-Formation of Rashtriya Gramin Bank:-
With an ultimate aim & object to re-rail Indian economy from doldrums and making “R-URBAN” mission attaining destiny by greater role of agriculture in GDP vis a vis taking banking services in unbanked areas
playing a pivotal role by opening 15 crore accounts of 7.5 crore house holds in next five years, in 40th year of establishment of RRBs and on 10th Nirman Divas of our philosopher, inspirer and guide Shadheya Dattopant Thengdi Ji, as a true tribute to his thought, supported formation of “Rashtriya Gramin Bank” (National Rural Bank of India) by BJP in and outside Parliament including leading court arrests which includes more than a dozen Hon’ble ministers of present cabinet prominent being Sarva Sri Prakash Javdekar, Santosh Gangwar, Ms Uma Bharti, Radha Mohan Singh and more than 200 MPs of BJP and also all political parties, historic decision declaring establishment of four tier Apex institution “Rashtriya Gramin Bank”, ministry’s unanimous 07-10-1993 model inter alia Standing Committee on Finance IVth Report dated 23-12-1993 and 55th Report dated 22-12-2003, for which a detailed memorandum & PPT presented by a BMS delegation before Hon’ble Arun Jaitley, Union Finance Minister GOI good self on 05th August,2014. .
Sir, parity in many other areas of service conditions and trade union rights with those in Banking Industry is yet to be implemented in RRB sector, causing frustration amongst RRB staff. We appeal and urge upon your kind self to look into the matters and also earnestly solicit your kind instruction to render justice to RRB staff as also to the Regional Rural Banks.
6. Regularization of Part time/ Casual/ daily waged/Contractual workers – Sir, aberrations of managements in RRBs is manifest looking to the exploitation of the daily waged workers engaged by most of RRBs to do the job of Office Attendant/Sweepers in the vacant posts not paying minimum wages fixed by the Government and/or Bank Industry and not giving them work for all working days (though the Posts are vacant), not extending benefits of Provident Fund, Bonus, Gratuity, Leave facilities etc. for years together.
Sir, our demand is to regularize these employees in vacant posts by giving relaxation in age and qualification.
We appeal and urge upon your kind self to look into the matters and also earnestly solicit your kind instruction to render justice to RRB staff .This is our earnest request to fix date and time to meet with our delegation.
With Regards.
Yours faithfully
(A.K .Mishra ) (Sudhir Pandey)
General Secretary General Secretary
AIGBOO AIGBWO
