SANJEEV A Vs. UNION OF INDIA

JUDGEMENT

(1.) SEVERAL retired per so/is are before me in these petitions seeking for pension on the following facts;

(2.) IN all these petitions petitioners are questioning the non availability of pension to each one of them. Petitioners are employees of various nationalised banks under the control of Department of Banking, Ministry of Finance, Government of India. Most of the petitioners have either retired voluntarily or retired on attaining the age of superannuation. Petitioners state that in banking industry employees are broadly divided in to two categotries i. e. , award staff who are workmen governed by Industrial awards and settlements and Officers staff who are not workmen. In banks two retiral benefits are available (1) PF and (2) Gratuity, /the employees in the banking industry were demanding introduction of pension as third retiral benefit. The fourth pay commission regularised pension scheme. In these circumstances. Unions representing the employees of the Bank pressed for pension. Reserve Bank of India (for short The RBI) introduced pension regulation w. e. f. 1-11-1990, In the light of the pension to the employees of the RBI, negotiations were held between Indian Banks Association (for short IBA) and the Unions at the industry level and an industrial settlement was arrived at on 29-10-1993. Pension was introduced as a retiral benefit in lieu of contributory provident fund as in RBI. A joint note of agreed conclusions reached between the IBA and the Federation representing officers in the banking industry was signed in tune with the provisions of the settlement in so far as officers are concerned. Joint Note dtd. 29-10-1993 is produced as annexure-B, Similar joint notes were also signed between the IBA and the remaining trade unions of officers in the banking industry. Para 12 of the settlement states that provisions will be made by a scheme to be negotiated and settled between the parties to this agreement by 31-12-993 for applicability,, qualifying service, amounts of pension, payment of pension, computation of pension, family pension, updating and other general conditions etc. , on the lines as are in force in RBI. Draft Regulations were drawn and were adopted by the bank and the same vas sent for sanction of the Central Government. Regulation 10 of the Draft Regulations deals with forfeiture of service. It stated as under; designation or dismissal or termination of an employee from the service shall entitle forfeiture of his entire service and consequently shall not qualify for pension.

(3.) THIS was identical with Regulation 18 of the Reserve Bank of India Pension Regulations 1990. Bank issued a circular dtd. 13-6-1994 it was stated therein that Sec. 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970, was to be followed for compliance of the procedure and no changes could be made from the draft since it is based on and is in compliance with the settlement. Bank also clarified that the regulations are provisional in nature, that they are subject to approval by RBI and sanction of the Central government as required under Sec. 19 of the Act, Some employees opted for pension on the basis of the circular dtd 2-6-1994. Final regulations are made and were notified on 29-9-1995. Final Regulations provide for forfeiture in the event of participation in a strike. According to petitioners several employees participated in the strike. Hence most employees did not opt pension before 27-1-1996 which was the last date stipulated under the Regulations for option to the existing employees in the matter or pension,. Petitioners further say that aggrieved by this forfeiture clause, they threatened to go on strike in the matter. In the light or stride notice negotiations were hold and ultimately a settlement was reached on 11-11-1997. IBA agreed for deletion of forfeiture clause in pension regulations for participation in strike. Matter was thereafter referred to Government of India. Petitioners refer to correspondence between the Banks and the Government, ultimately Government approved the amended Regulations 22 (4) (b) of the pension regulations and notified the same in terms of annexure-H dtd 22-6-1999.