airrbea1@rediffmail, airrbea1@yahoo Phone 033 - 25734176 Fax No.033-2573 3252 Mobile 9831233798 / 9434007694 All India Regional Rural Bank Employees Association (A Coordinating Body of National Federation of RRB Officers & National Federation of RRB Employees) Adviser: Ajit Kumar Ghosh GOLDERS GREEN President: C. Rajeevan Ground Floor F-G Block Secretary General: A. Sayeed Khan 1 Nazrul Islam Avenue (VIP ROAD) Kaikhali Kolkata –700 052 Circular No. 53 Date: - 13-10-2014 To All Units/State Federations/C.C. Members/ Office Bearers/ All others concerned Dear comrades, Sub: - Scheme of Compassionate Appointment on Compassionate Grounds in Public Sector Banks. We enclose copy of IBA circular no. CIR/HR&IR/2014-15/532/718 dated 07-10-2014, with the enclosure (FAQs) in the above subject for your information and record. We have already taken up the matter with the Government for implementation of the Scheme in RRB sector in line with the above scheme already implemented in PSBs, and it is expected that the order will be issued in this regard shortly. With greetings Comradely yours (A Sayeed Khan) Secretary General Enclo as stated above – IBA Circular on Scheme of Compassionate Appointment. airrbea1@rediffmail, airrbea1@yahoo Phone 033 - 25734176 Fax No.033-2573 3252 Mobile 9831233798 / 9434007694 All India Regional Rural Bank Employees Association (A Coordinating Body of National Federation of RRB Officers & National Federation of RRB Employees) Adviser: Ajit Kumar Ghosh GOLDERS GREEN President: C. Rajeevan Ground Floor F-G Block Secretary General: A. Sayeed Khan 1 Nazrul Islam Avenue (VIP ROAD) Kaikhali Kolkata –700 052 Circular No. 53 Date: - 13-10-2014 To All Units/State Federations/C.C. Members/ Office Bearers/ All others concerned Dear comrades, Sub: - Scheme of Compassionate Appointment on Compassionate Grounds in Public Sector Banks. We enclose copy of IBA circular no. CIR/HR&IR/2014-15/532/718 dated 07-10-2014, with the enclosure (FAQs) in the above subject for your information and record. We have already taken up the matter with the Government for implementation of the Scheme in RRB sector in line with the above scheme already implemented in PSBs, and it is expected that the order will be issued in this regard shortly. With greetings Comradely yours (A Sayeed Khan) airrbea1@rediffmail, airrbea1@yahoo Phone 033 - 25734176 Fax No.033-2573 3252 Mobile 9831233798 / 9434007694 All India Regional Rural Bank Employees Association (A Coordinating Body of National Federation of RRB Officers & National Federation of RRB Employees) Adviser: Ajit Kumar Ghosh GOLDERS GREEN President: C. Rajeevan Ground Floor F-G Block Secretary General: A. Sayeed Khan 1 Nazrul Islam Avenue (VIP ROAD) Kaikhali Kolkata –700 052 Ref.No.153 Date: -13-10-2014 Sri Alok Tandon Joint Secretary Department of Financial Services Ministry of Finance, Government of India New Delhi - 110001 [email protected] Respected Sir, Sub: - 4th JCC (Joint Consultative Council) Meeting for RRBs held on 24-09-2014 at NABARD, HO, Mumbai - point raised about the direction of the NIT Award dated 30.04.1990 on parity of wage structure of the RRB staff with those in Sponsor Banks/NCBs. We are thankful to you Sir, for your kind presence and participation in the 4th JCC meeting with the assurance that the JCC will have Regular meetings now onwards true to its objective. While discussing on some agenda items in the above mentioned meeting, on the issue like allowing the benefits/allowances and service conditions at par with those in Sponsor Banks/ NCBs, some points were raised as to whether Award dated 30-04-1990 of the National Industrial Tribunal, constituted by the Government of India as per order dated 01.09.1987 of the Supreme Court, envisages parity of pay scales, other allowances and other benefits/service conditions to the RRB staff in line with those allowed to the staff of NCBs. On discussion we were asked to furnish the materials in this regard. In this connection we beg to draw your kind attention to the content of Para 4.425 of the NIT award dated 30-04-1990, which goes like - “What flows from my findings is that the officers and other employees of RRBs will be entitled to claim parity with the Officers and other employees of the Sponsor Banks in the matter of pay scales, allowances and other benefits. What stems from this finding is the date from which effect should be given to the Award. I have given my anxious consideration as to the date fro m which the Award should be given effect. The Writ Petitions No.7149-50/82 and 132/84 were not filed at one and the same time. They were filed on different dates. Petitioners in W.P. Nos. 7149-50/82 claimed reliefs from the date of establishments of RRBs. Petitioners in W.P.No: 132/84 did not specify any date but in their claim statement filed before me they have asked for effect being given from the date of Writ Petition i.e., 16-09-1984. I think it would be proper just and reasonable, if I direct that the Award shall be given effect from 01st day of September, 1987, the date on which the Supreme Court passed the order directing the Central Government to constitute the Tribunal.” The NIT award dated 30.04.1990 and the report of the Equation Committee was accepted by the Government of India vide its order dated 22-02-1991. As there was dispute raised by the Government subsequently during the period of 6th and 7th Bipartite Settlement in the Banking Industry, the matter was taken to Hon’ble Karnataka High Court, Hon’ble Kerala High Court and then to the Hon’ble Supreme Court of India. In all the orders of the Hon’ble Courts the stand taken by the Central Government was not accepted by the Hon’ble Courts and the Central Government was directed to maintain Parity in the matter of salary structure of RRB staff with those in Sponsor Banks and NCBs in terms of the direction and Award of the NIT dated 30.04.1990. Verdict of the Hon’ble Supreme Court: Hon’ble Supreme Court in its historic verdict on the parity of salary structure of RRB staff on 31.01.2001 & again on 07.03.2002 directed the GOI to extend parity of entire salary structure to the RRB staff as and when the revision takes place in the Banking Industry to maintain parity of wage structure. This led to release of benefits of salary revision due to 6th and 7th Bipartite Settlements of the Banking Industry in the RRB sector also. Further we give below some relevant excerpts for your kind perusal: As regards “capacity to pay”, Hon’ble Supreme Court in its judgment stated above observed that: “ The question whether the financial viability would be the sole criterion in deciding the wage structure of the RRB employees was considered by the National Industrial Tribunal and the conclusion of the Tribunal has become final, the award in question-not having been assailed and on the other hand having been implemented. In the aforesaid premises, it is a futile attempt on the part of the employer as well as the Union of India to reagitate the dispute, which has already been resolved and has been given effect to”. Award dated 30.04.1990 of the National Industrial Tribunal appointed by GOI vide its notification dated 25.11.1987, accepted in full, observed at Para 4.426 that: “The salary structure referred to in the second proviso to Section 17(1) of the Act takes in its fold not only the monthly salary but also all allowances and benefits that are attached to that post. That being the case, there is absolutely no reason for the Central government to allow only certain allowances and benefits and deny the rest. This definitely is discriminatory”. Hon’ble Supreme Court in the orders stated above strongly reiterated the Tribunal Award: “13 The Central Government would be duty bound to maintain the parity with the pay structure of the employees of the Nationalised Commercial Banks in the same sense and spirit as Justice Obul Reddy decided and as was given effect to by the Union Government in the year 1987”. In view of the above, we would request you Sir, to kindly allow disposal of the pending issues in the light of above legal position to ensure parity of all other allowances and benefits/service conditions to the RRB staff, without leaving any further scope of litigation in the Court of law or otherwise, and also to make the deliberations in the JCC meeting a meaningful one. With regards Yours faithfully (A Sayeed Khan) Secretary General Copy forwarded for his kind information and needful actions to: The Chairman, NABARD and the Chairman, JCC for RRBs, Mumbai The Deputy Secretary, GOI, MOF, DFS, New Delhi The Managing Director, NABARD, and Member, JCC for RRBs The Executive Director, NABARD, and Member, JCC for RRBs The Chief General Manager, IDD, NABARD, Mumbai, and Convener, JCC for RRBs. The Chief General Manager, Law Department, NABARD, HO, Mumbai, and Permanent Invitee to the JCC for RRBs. (A Sayeed Khan) Secretary General
Posted on: Wed, 15 Oct 2014 01:52:39 +0000
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