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Chairman
Sri D.A.Masdekar
President
Sri S.M.Deshpande
Vice President
Sri J.B.Dave
Sri D.P.Gupta
Sri F.Martis
Sri Anindya Basu
Sri N.Mishra
Sri C.N.Prasad
Sri A.K.Mondal
Sri H.C.Gandhi
Sri K.Vishwanath Naik
Sri O.P.Varma
General Secretary
Sri S.C.Jain
Dy. Genl. Secretary
Sri Debesh Bhattacharyya
Sri S.V.Srinivasan
Sri Ashok Patil
Sri A.K.Bansal
Organising Secretary
Sri Sunil Srivatsav
Sri V.K.M.Varma
Sri C.Gopinathan Nair
Sri M.N.Pandit
Sri Pratap Shukla
Sri S.Velayoudam
Sri Kalyan Sen Gupta
Dr.G.S.Jog
Sri Kishore Gujarati
Sri K.K.Gupta
Sri Rajendra Prasad
Sri N.T.Hegde
Sri S.Radhakrishnan
Sri B.Venkat Rao
Sri Rajan Dhargalkar
Sri Suresh Sharma
Sri R.Shirambekar
Sri B.G.Raithatha
Sri Ranjit Bhattacharyya
Treasurer
Sri M.S.Chourey
ALL INDIA BANK RETIREES’ FEDERATION (Regd.)
(Regn No:G 6601 under the Trade Union Act 1926)
D-1/1, Sector-C, Scheme-71,
Near Kasara Bazar School, Indore – 452 009.
Regd. Office: 246, Ellis Bridge Shopping Centre, 2nd Floor, Opposite Town Hall, Ellis Bridge,
Ahmedabad - 380006.
Mobile: + 91 89660 19488 E-Mail: sharbat_123@rediffmail.com Website: www.aibrf.com
Ref:2017/82 Date: 01.08.2017
The Office Bearers/ Central Committee Members/ State Body
Chiefs A.I.B.R.F.
Dear Comrades,
Re: Developments in SLP in the matter of 100 per cent
DA case in Supreme Court on 1.08.2017
As informed through our earlier communication on the subject,
the above SLP of United Bank came for hearing on 01.08.2017
before the Honourable Bench of the Justice Adarsh Goyal and
Justice U. Lalit for leading the arguments.
2. Senior Counsel of United Bank of India commenced the
arguments and presented in details about the various factors/points
on which Division Bench of Madras High Court upheld SLP of the
Bank Managements and details as to how Bipartite Settlements are
held and how allocations of funds are made to meet cost of the
settlements. He pointed out that judgement of Madras High Court
which is already confirmed by the Supreme Court has dismissed
SLP of the retirees.
3. Thereafter, AIBRF Senior Counsel Shri V.K. Bali initiated
arguments on behalf of AIBRF and United Bank of Retired
Employees Association in very forceful and effective manner. During
the arguments, he mainly brought the following important facts
before the Honourable Bench.
(a) AIBRF and bank retirees respect settlement dated 02.06.2005
introducing improved DA formula. Clause 7(2) of the settlement
gives details of the improved DA formula
(b) The above clause of the settlement does not create division
among the pensioners based on the date of retirement.
(c) IBA Circular dated 28.06.2005 - Annexure III which created
separate division among pensioners for the purpose of DA payment
is only administrative instruction and not settlement in itself.
(d) He also brought to the notice of the Bench that Division Bench
of Madras High Court has committed error in treating IBA
Administrative Circular of 28.06.2005 as part of the settlement.
Therefore Madras High Court judgment is based on erroneous facts.
2
(e) He also made reference of Delhi High Court decision in the matter of
LIC and the points which are in favour of retirees.
(f) He also made submission that logically also it looks illogical that senior
retirees who need more money get DA at lower rates while new retirees
are paid DA at higher rates.
4. Further another Senior Counsel engaged by AIBRF Shri Jitender Prasad
Sharma submitted before the Bench that Clause No. 6 of Settlement of
1993 on Pension Scheme is binding on the parties to the Settlement until
modified or revoked. Therefore DA should be paid as per provision of
Clause No 6 of 1993 settlement.
5. In view of the above submissions of two Senior Counsels of AIBRF, the
Bench has agreed to examine the above submissions and has reserved
the decision to be delivered shortly.
6. We may mention that AIBRF has approached to RLC on 100 per cent
DA on similar grounds insisting for implementation of provisions of the
Settlement.
7. We are happy to find that arguments led by our counsels in very
forceful manner have gone well before the Bench.
8. We assure our membership that AIBRF will take all possible steps to
protect interest of retirees as being done all the years in the past.
With Warm Regards,
Yours Sincerely,
(S.C.JAIN)
GENERAL SECRETARY

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100%da sc hearing 01082017

  • 1. Chairman Sri D.A.Masdekar President Sri S.M.Deshpande Vice President Sri J.B.Dave Sri D.P.Gupta Sri F.Martis Sri Anindya Basu Sri N.Mishra Sri C.N.Prasad Sri A.K.Mondal Sri H.C.Gandhi Sri K.Vishwanath Naik Sri O.P.Varma General Secretary Sri S.C.Jain Dy. Genl. Secretary Sri Debesh Bhattacharyya Sri S.V.Srinivasan Sri Ashok Patil Sri A.K.Bansal Organising Secretary Sri Sunil Srivatsav Sri V.K.M.Varma Sri C.Gopinathan Nair Sri M.N.Pandit Sri Pratap Shukla Sri S.Velayoudam Sri Kalyan Sen Gupta Dr.G.S.Jog Sri Kishore Gujarati Sri K.K.Gupta Sri Rajendra Prasad Sri N.T.Hegde Sri S.Radhakrishnan Sri B.Venkat Rao Sri Rajan Dhargalkar Sri Suresh Sharma Sri R.Shirambekar Sri B.G.Raithatha Sri Ranjit Bhattacharyya Treasurer Sri M.S.Chourey ALL INDIA BANK RETIREES’ FEDERATION (Regd.) (Regn No:G 6601 under the Trade Union Act 1926) D-1/1, Sector-C, Scheme-71, Near Kasara Bazar School, Indore – 452 009. Regd. Office: 246, Ellis Bridge Shopping Centre, 2nd Floor, Opposite Town Hall, Ellis Bridge, Ahmedabad - 380006. Mobile: + 91 89660 19488 E-Mail: sharbat_123@rediffmail.com Website: www.aibrf.com Ref:2017/82 Date: 01.08.2017 The Office Bearers/ Central Committee Members/ State Body Chiefs A.I.B.R.F. Dear Comrades, Re: Developments in SLP in the matter of 100 per cent DA case in Supreme Court on 1.08.2017 As informed through our earlier communication on the subject, the above SLP of United Bank came for hearing on 01.08.2017 before the Honourable Bench of the Justice Adarsh Goyal and Justice U. Lalit for leading the arguments. 2. Senior Counsel of United Bank of India commenced the arguments and presented in details about the various factors/points on which Division Bench of Madras High Court upheld SLP of the Bank Managements and details as to how Bipartite Settlements are held and how allocations of funds are made to meet cost of the settlements. He pointed out that judgement of Madras High Court which is already confirmed by the Supreme Court has dismissed SLP of the retirees. 3. Thereafter, AIBRF Senior Counsel Shri V.K. Bali initiated arguments on behalf of AIBRF and United Bank of Retired Employees Association in very forceful and effective manner. During the arguments, he mainly brought the following important facts before the Honourable Bench. (a) AIBRF and bank retirees respect settlement dated 02.06.2005 introducing improved DA formula. Clause 7(2) of the settlement gives details of the improved DA formula (b) The above clause of the settlement does not create division among the pensioners based on the date of retirement. (c) IBA Circular dated 28.06.2005 - Annexure III which created separate division among pensioners for the purpose of DA payment is only administrative instruction and not settlement in itself. (d) He also brought to the notice of the Bench that Division Bench of Madras High Court has committed error in treating IBA Administrative Circular of 28.06.2005 as part of the settlement. Therefore Madras High Court judgment is based on erroneous facts.
  • 2. 2 (e) He also made reference of Delhi High Court decision in the matter of LIC and the points which are in favour of retirees. (f) He also made submission that logically also it looks illogical that senior retirees who need more money get DA at lower rates while new retirees are paid DA at higher rates. 4. Further another Senior Counsel engaged by AIBRF Shri Jitender Prasad Sharma submitted before the Bench that Clause No. 6 of Settlement of 1993 on Pension Scheme is binding on the parties to the Settlement until modified or revoked. Therefore DA should be paid as per provision of Clause No 6 of 1993 settlement. 5. In view of the above submissions of two Senior Counsels of AIBRF, the Bench has agreed to examine the above submissions and has reserved the decision to be delivered shortly. 6. We may mention that AIBRF has approached to RLC on 100 per cent DA on similar grounds insisting for implementation of provisions of the Settlement. 7. We are happy to find that arguments led by our counsels in very forceful manner have gone well before the Bench. 8. We assure our membership that AIBRF will take all possible steps to protect interest of retirees as being done all the years in the past. With Warm Regards, Yours Sincerely, (S.C.JAIN) GENERAL SECRETARY