Date :27thMAR 2015
MOST URGENT
To
Shri Hasmukh Adhia,
Secretary, Departmental of Financial Services,
Ministry of Finance, Jeevan Deep Building,
3rd Floor, 10, Parliament Street,
New Delhi -100001.
DEAR SIR,
RE- ILLEGAL ARBITRARY DENIAL OF
1 100%DANEUTRALIZATION TO SENIOR CITIZENS WHO RETIRED FROM THE BANKS SERVICE PRIOR TO NOVEMBER2002.
2.DENIAL O0F FAMILY PENSION AS PAID TO GOVT AND RBI EMPLOYEES
3. DENIAL OF PENSION UPDATION FROM TIME TO TIME AS GIVEN TO GOVT AND RBI EMPLOYEES WHICH IS VIOLATIVE OF ARTICLE 14 AND16 OF THE CONSTITUTION OF INDIA.
4. Protection of Bank employees’ interest under Banks Nationalization Act, namely The Banking Companies (acquisition and transfer of undertakings) Act, 1970 and
5. honouring the Memorandum of Settlement dated 19.10.1993 between IBA and Officers Associations and Workmen Unions in toto.
In continuation of my letter dated 24thFeb,2015 & 20th march 2015 on the above subject which was delivered to your office on 27th Feb,2015 & 24th March respectively, I would like to state as under.
01. The Section 10(7) of Banking Companies (Acquisition and Transfer of Undertakings Act, 1970 says
After making provision for bad and doubtful debts, depreciation in assets, contributions to staff and superannuation funds and all other matters for which provision is necessary under any law, or which are usually provided for by banking companies, a corresponding new bank [may out of its net profits deal are a dividend and retain the surplus if any.
This section and sub section says that after making provision for
a. for bad and doubtful debts,
b. depreciations in assets,
c. contribution to staff and superannuation funds
d. and all other matters for which provision is necessary under any law, or which are usually provided for by banking companies and then the net profits arrived thereafter can be appropriated towards dividends. Therefore, the staff cost and superannuation funds ranks first among other things over the dividend to the owner.
Provisions for bad and
doubtful debts, depreciation on assets, staff cost with superannuation benefits and other provisions under law, are not subordinate to each other but they are all at par with each other. Now, what has been practicing is provisions for debts, depreciation and other provisions are provided even if there is impact on reserves and capitals of the banks. However, the staff cost with superannuation benefits, which is also at par with other provisions referred above, is neglected by the men in top of the affairs of the banks. The Parliament of the country and country, while taking over the banks by nationalizing them, protected interests of the bank employees by passing legislation as above.
The Parliament of the country speaks the will of the people of the country. When the will of people of the country is to protect the interest of the bank employees in such a manner, wherein their staff cost and superannuation benefits prevail over the net profits, the negotiating team representing the banks, cannot take a stand that there are no adequate profits, paying capacity of the banks is not sufficient. The present stand taken by the IBA and its member banks is against the Constitutional guarantees and protection given to the bank employees at the time of