DEAR FRIENDS, REFERING TO THE RECENT SUPREME COURT JUDGMENTdtd.13 02 2018 ON 1616-1684 DA ISSUE, IBA COMMUNICATION TO ITS MEMBER BANKS IS SENT ENCLOSED. THE OBSERVATIONS MADE IN ARE NOTE WORTHY. Link for the IBA cir.details: https://drive.google.com/file/d/0Bwlxk5JrNIM1SlhPVW5zbUNNU01wV080VHBJcWNZX1oySUs0/view?usp=sharing IN VIEW OF THE FACT THAT THE APEX COURT UPHELD THE JUDGMENTS OF THE HON'BLE HIGH COURTS OF KARNATAKA: & TAMILNADU, THE PARTIES TO THE CONCERNED LITIGATIONS ARE COVERED UNDER THE RESPECTIVE JUDGMENTS. I furnish the note worthy comments on the IBA cir. by my friends which are quite interesting: The text of Sri Satyanarayanas mail is printed hereunder. “If that be the case , all Joint Notes arrived at between member banks of IBA and Officers' Associations with untenable terms as conclusions and got implemented either after carrying out them as amendments to relative regulations following due procedure laid under Section 19 of the said Act or without carrying out the terms as amendments under Section 19 (4) of the Act shall be null and void ab initio to the extent the said terms are inconsistent with the provisions of the Act 5 of 1970 and 1980 and the subsisting provisions under Pension Regulations,1995 prevailing on the respective dates of retirement of those employees on rolls /retired employees/wards of deceased employees got admitted into the Pension Fund as its members in terms of the said Joint Note much later than their original date of retirement. And hence only the Provisions under the enforceable Regulations as on the respective dates of the retirement of the employees shall have got to be implemented instead of the Terms of the Joint Note that could be got implemented already ( by applying inequitable aspects of acquiescence, estoppel and waiver by force with extraordinary haste from IBA advising its member banks of GOI's unauthorized sanction 'pending amendments' dated 10 08 2010 on the very same date even though the Banks fall within the category of 'State' under the definition of Article 12 of the Constitution of India) at the time of admission into the Pension Fund at a later date of their retirement as stated supra without carrying out those untenable terms as the amendments to relative regulations by way of following due procedure laid down under provisions of Section 19(4) of the said Act 5 of 1970. VOX POPULI Satya.” On 6 April 2018 at 00:38, A V S Raghavan wrote: Dear Sri Katari Satyararayana garu, Many thanks for bring up many facts about the Pension Regulations 1995. You will agree that any fight begins at home. then on to the street. After getting support from many quarters, the fight is taken to courts, in all law abiding situations. As employees most of us have done and taken to courts only after exhausting ways to settle the matter with the banks our employer. Sri D.S.Murthy and about 40 others have waited patiently for 17 long years to win this case not only for them but for other silent spectators. You are aware that although the vast majority took the arrears in 2009-10, they as a group were denied the expansionary benefits of five year weightage. Now that the verdict is clear all are going to be entitled for the pensionary benefits denied to all including the forty people who have steadfastly held on to the FORT. As you have a store house of information, I strongly feel that you can carry forward the cases of anamoly, wrong interpretations, illegal record notes, illegal understandings between the Unions and IBA etc. I am confident, you can carry a new crusade for setting at naught the anomolies and injustice perpetrated against innocent employees by the managements of banks. You will agree, that you will spare some time for Sri DS.Murthy as he is about 70 years now. You will further agree that our giving him some rest, will enable him to rest for a while and meanwhile give his inputs about the new case/s. No case of hardship can be resolved at our will. I have not seen a single mail enquiring the cost of the litigation that was incurred for pursuing the case till the Supreme Court verdict was given. Will it be justified for any of us who are not parties to the case but who are all beneficiaries to thrust some more expenditure on Sri DS Murthy and others? Please think over and take a decision by forming a think tank group. I add my kind regards, Raghavan AVS 9396487826 Hyderabad ---------------------------------- https://drive.google.com/file/d/11bKdlTBe-OP1EQONo81bmrczAVCC_d3_/view?usp=sharing My Dear Sri Raghavan, At the outset, I am indeed very much thankful for your kind sentiments which touched my heart. Your above expressions took me back to our good olden days of my Hyderabad stay when we were fighting for the cause of our erstwhile organisation (SBOA) during those turbulent period of tested times at the behest of the then management of the Bank who unsuccessfully tried to split our organisation-Syndicate Bank Officers Association-SBOA. Many Court cases were inflicted on our organisation only to scuttle our organisational functioning and ultimately to make it defunct --at the behest of the then management. That was the Crucial time when I was asked to take reins of our organisation (as Secretary of SBOA in AP State) . Besides, I was also in the team of AIBOC-AP STATE COMMITTEE (as its Treasurer), comprising of Com. A. Ananthakrishna Rao of SBH (Secretary); Com. Late P S L M Haragopal of PNB(President) Late Com. Karanam Venkateswarlu of SBI(vice president) and other stalwarts. I immensely owe my thanks to all of them in general and Com. A Anantha Krishna Rao in particular , for all the support and guidance extended to me in my functioning all through for a about a decade tilll my retirement from the service in the Bank. My above experience prompted me to continue my crusade even after the retirement for the cause of the working class only in our own COLLECTIVE INTEREST in the process, some of my friends joined me in the long drawn legal battle - the only recourse left to us at a time when the bank retirees were scattered and the consolidation process was in its primitive stages. I wanted to extend my supportive action as a “catalyist “ to the fraternity and to my organisation (AIBRF) RETAINING MY FREEDOM OF EXPRESSION AT ANY COST. By Signing the Record Note , which I refer to as “MAGNACARTA”, both IBA & UFBU have stepped into each other's shoes . This has in fact, made me to react furiously with accelerated vigor. We are therefore, forced to necessarily bank upon the time-consuming legal recourse which needs to be expedited simultaneously together with other organisational efforts like dharnas, CLC meetings, etc. In this regard, the pains-taking efforts of the leadership of All India Bank Retirees Federation- AIBRF, an apolitical organisation representing us , who have been making their relentless efforts unmindful of the humiliating/frustrating experiences at the behest of IBA and UFBU - The sole architects and copyright holders of their so called "Magnacarta" - ie. "Record Note" of 25th.May, 2015 in their bid to make us to stand before them as "beggers". Thus, we have been treated as “untouchables” both by the IBA and the Unions as well. I feel, all along , in my crusade , never kept the fraternity or our organisation (AIBRF) in embarrassment – either by my deeds or by my utterances . I worked like an “One Man Army” for the common cause – Above all, This alone gives me an immense pleasure unmindful of the difficulties encountered – physically/mentally/financially. Regards and greetings to one and all. I Remain. D S Murti