Ref. No. Circular No. 2/2015 June 15, 2015

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1 Ref. No. Circular No. 2/2015 June 15, 2015 Dear Affiliates/Members, "Strike the iron when it is hot" is the proverb everybody know meaning we have to grab the opportunity when the time is ripe. But alas! We, the bank retirees missed the bus just like any other Government bus that never turns up or even come by the way does not stop. RBONC has been, ever since the talks on quinquennial wage revision started by IBA with the UFBU leaders - Nav Rathnas - urging to take up the issues of the bank retirees in precedent to signing the wage settlement to serving employees so that all that benefits transcends to future retirees automatically and there needs no other agreements/settlements in future. We have had every hope that we will clinch these issues which are also dear to the serving employees when they retire on superannuation or otherwise, especially major four of them i.e. 100% neutralization of DA, Updation, Improvements in Family Pension and Uniform Medical Reimbursement Scheme. It is unfortunate that unlike solar or lunar our issues are eclipsed not by Rahu or Kethu but Nav Grahas!!! The question now being asked - if IBA is not inclined to consider any of the issues pertaining to bank retirees WHY the Nav Rathnas signed so called "Record Note of Discussions" on the very same day i.e ?? In respect of all the issues the response of IBA is cost factor when it recorded "the cost involved is significant and unaffordable at the present juncture". But neither IBA nor UFBU have had the figures collected all these 30 months to to arrive at the financial implication. We, RBONC, had provided all the figures to all the Nav Grahas the sustainability and affordability of the Banks by pointing out relevant provisions in Bank Nationalization Act, Pension Regulations, RBI Pension Regulations, Government approvals and several Court Orders, both High Courts and Supreme Court. Are the leaders or Executives of IBA are ignorant of law of the land including the National Litigation Policy?? Did they realized the implications? It is gladdening that both IBA and Nav Rathnas now recognized issues of bank retirees if not all that contained in the Charter of Demands already submitted by both UFBRO and RBONC but that were also discussed by UFBU during the course of wage revision talks (See Record Note of Discussions). RBONC held their 4th Triennial Conference on 11th June 2015 and the General Body discussed the contents of the "Record Note of Discussions" dated signed between IBA and UFBU and shocked to note the statement that "there is no contractual relationship between Banks and Pensioners" and held it is unacceptable. The Special Resolution passed also held the Note as "Illegal and violative of Article 14 of Constitution of India". The Conference totally rejected the Recored Note and demanded scrapping of the same. The resolution added "Further, this Conference urges for immediate dialogue by IBA with RBONC/Retiree Organizations".

2 The conference approved the following action plans: 1. To appeal to Finance Minister to direct IBA to withdraw the Record Note and start dialogue with RBONC/Retiree Organizations on all our justified demands. 2. To work for unity amongst all retirees for a forceful pursuit of our demands. 3. To seek legal opinion on the Record Note especially as to clause on denial of contractual relationship and to take suitable action. Now it is time for all the Retiree Organizations to come close for a united fight to get our issues resolved by IBA by showing them the affordability of the Banks now and in future putting forth the relevant statutes that made mandatory as right of retirees before the profit is transferred to Government. With greetings, R D Deshpande GENERAL SECRETARY TRIENNIAL CONFERENCE OF RBONC The 4th Triennial Conference (General Body) of RBONC was held on 11th June 2015 at Vadodara at Rotary Club Service Centre, Baroda. The details of the discussions/proceedings are annexed to this circular for the information of our affiliates and members. Resolutions on the matters of interest to the retirees are also unanimously passed and suitable further action on the same will be taken and the issues pursued. The matters for which resolutions were passed are also sent under cover to this circular for the information. You will find a Special Resolution adopted at the Conference on the "Record Note of Discussions" between IBA and UFBU signed on 25th May 2015 on the issues and demands relating to retirees of the Banks held at Mumbai while concluding the wage revision settlement for the inservice employees. Perhaps, it is first time in the history of negotiation Union Leaders signed/forced to sign a "Note" negating the demands by IBA giving rise to bankruptcy of negotiating skills pursued for decades. However, it is worth that IBA has recognized that there are demands/issues relating to bank retirees and assured to take up on "humanitarian point of view" forgetting for the moment the various court cases where courts after courts granted relief to the retirees in spite of attempts by banks and IBA/GOI to deny by filing RPs and SLPs etc. One wonders why "Humanitarian point of view" was not shown by IBA to extend 2nd option for pension to SVRS/CRS/Resignees in spite of court decisions? Where was the "Humanitarian Point of view" when filing SLP at Supreme Court against the judgment on 100% Neutralization of DA? Under "Humanitarian point of view" should not IBA withdraw the SLP at Apex Court and extend/consider granting of 100% DA effective from instead of saying it is sub-judice? Why "Humanitarian point of view" is not thought of to arrive at the cost involved knowing very well that it ( 100% DA - Family Pension - Updation of Pension) has to be granted sooner or later since all these are backed by precedents/statutes/constitutional rights/supreme Court Decisions (Nakara Case). Perhaps, bank retirees may not wait for the heart of IBA to open on humanity with the kind of "Note" it got signed and when it did not open all this 30 months but may take another 30 years??? Only God to save bank retirees besides Supreme Court and no human beings in IBA with no humanitarian point of view.

3 RBONC -- UFBRO RBONC has already been reckoned as a forceful organization within the bank retirees movement. It has endeared all by its own way of attracting attention of the authorities in power as well as general public. It has been instrumental in creating public awareness amongst the public at large, bank retirees, serving bank employees, leaders of bank unions and associations, bank managements, RBI, IBA and GOI Officials over the past decade which is now visible in their attitude and concern to retirees' issues. a) At our behest a meeting of the parliamentary committee headed by Dr Nachiappan with IBA/Finance Ministry Officials and Retirees' Organizations was held in February 2009 wherein IBA was directed to initiate establishment of Grievance Redressal Mechanism for retirees in all banks. This has been implemented in some banks. b) Publication of the booklet "Bank Retirees - WHY discriminated" marked the first concerted effort in documenting all the woes and demands of retirees which was widely circulated amongst all concerned. It s gratifying to note that this has acquired the status of an edifice on which all present day demands of retirees have been built up and found their way into the Charters of Demand. c) RBONC started observing July 19 - Bank Nationalization Day as a protest day highlighting the grievances of retirees and seeking their early redressal. The first demonstration was held in Alapuzha, Kerala on 19th July 2011 jointly with AIBOC Kerala State Unit. Next year on a massive protest demonstration was held in Bangaluru in front of Canara Bank Head Office. Again on history was written by holding the first ever massive demonstration by bankers at Jantar Mantar, New Delhi followed by submission of Memorandum to Secretary, DFS, GOI, IBA and PNB. Similar demonstrations have been subsequently held by our fraternal retiree organization. All these have definitely helped to create public awareness and positive impact. d) It is, perhaps, co-incidental that RBONC is the first to raise any issue of retirees with IBA/GOI whenever court decisions favouring the retirees emerge. e) All these efforts paved the way for the invitation by UFBU leadership for a meeting with them on 4th July 2013 at Chennai wherein representatives of all retirees' organizations presented their view highlighting the retirees' issues and sought their help. We are extremely thankful for this welcome gesture from UFBU leaders and for including all our demands in their Charter of Demands submitted to IBA. In all our communications to IBA and Government we have been stressing the point that Bank Retirees Organizations have also constituted United Forum of Bank Retirees' Organizations (UFBRO) akin to UFBU. We have also put up demonstrations/programmes under the said banner so that we project an united force to reckon with. There was one move to have a co-ordination among organizations but with the emergence of All India Bank Pensioners and Retirees Confederation (AIBPARC) the proposal had to be dispensed with. We have pleaded not to launch another organization but urged to strengthen UFBRO for an united fight instead of wholly depending of UFBU. We can recall here that RBONC is the first organization of Banking Industry that put up a grand show at Jantar Mantar in New Delhi as far as bank retirees' agitational programmes are concerned which was a grand success besides attracted national attention. RBONC under the banner of UFBRO joined the programmes of UFBU at various centres since the issues pertaining to bank retirees are also the subjects in the agenda of strike. By signing the "Record Note of Discussions" on 25th May

4 2015 all assurance by the leaders are gone with the wind and there are not even an iota of hope left for the retirees as to when or whether the issues will be taken up or pursued. The 4th Triennial Conference of RBONC held at Vadodara on 11th June 2015 has had deliberation on the same and by a "Special Resolution" rejected the said "Note" totally and demanded the scrapping of the same. Further, the Conference urged for immediate dialogue by the IBA with RBONC/Retiree Organizations. Another decision emerged from the detailed deliberations is to vigorously pursue for setting up of a "JOINT ACTION GROUP" of all Apex Federations of retirees viz. RBONC, AIBPARC, AIBRF, SBI Pensioners Federation, All India Bank Resignees' Forum, Forum of Bank Retirees, AIRBEA and others. It has been also authorised our President, Sri K. Sukumaran and General Secretary Sri R D Deshpande to co-ordinate with these organizations and also others and call a meeting for formulation and to chalk out further action programmes. RBONC -- ZINDABAD UFBRO -- ZINDABAD BANK RETIREES' UNITY -- ZINDABAD

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7 Proceedings of 4 th Triennial Conference held on 11/06/2015 at Baroda Rotary Club Service Centre, Baroda The 4 th Triennial Conference of RBONC was held at Baroda on 11/6/2015 and it started at am with a prayer by Sri Dharam Pandya. Sri K. Sukumaran, President, presided over the function. One minute silence was observed in honour of departed colleagues across our fraternity during the interregnum. Smt. Anita Gokhale, Zonal President, BOBROA, Baroda extended a warm welcome to all the participants. Bouquets were offered to Sri Sukumaran, Sri Makwana and Sri Deshpande. Sri Sukumaran explained the latest developments as to wage settlement (X BPS) and the great betrayal by both UFBU and IBA as regards retirees demands. He desired the deliberations in the conference to focus on how to counter these developments and protect retirees interests. Sri DK Nadiger read out the notice of the General Body. Then the agenda items were taken up for discussions. Sri RD Deshpande read out the proceedings of the 3 rd Triennial Conference held at Bangalore on 19/05/2012 which was confirmed by the house. Sri RD Deshpande then presented the General Secretary s report. As suggested by the president, the audited accounts for the period 1/4/2012 to 31/03/2015 were presented by Sri Y N Ramesha, the treasurer. Before discussions on the above, as the issues to be discussed were by and large common, Sri Makwana, Executive President, initiated the discussions by presenting an overview of the latest developments on wage settlement (X BPS) culminating in the atrocious record of notes dated 25/5/2015 between IBA and UFBU in respect of retirees issues. He explained the various issues pointwise and expressed deep anguish at the wholesome negative attitude of IBA & UFBU towards retirees issues. The Categorical denial of existence of contractual relationship between employer and retiree may seriously complicate resolution of retirees issues which must be fought tooth and nail. This issue of absence of contractual relationship has never been raised by Banks/IBA in the plethora of ongoing court cases so far and this sudden new ploy is perplexing and most harmful. This development will have wide ramifications and may affect all retirees of all sectors in the country and therefore the same must be rejected outright and rejected in toto. Thereafter, Sri Vaidya from SBS, analysed each point with particular emphasis on the legal angle. Entire UFBU leadership, moreso AIBEA and AIBOC, had openly declared in public meetings that they will not sign the X BPS unless and until the retirees issues were resolved. Both UFBU and IBA slept on the matter for over 30 months (900 days+) allowing entertaining of false hopes of favourable resolution of all retirees issues and finally betraying them to the core.he emphasised that generally notes/settlements are entered into and recorded on those matters that are mutually agreed upon. This record of notes has created history being the first document listing the disagreements on matters of retirees without involving the affected retirees. Sri Jayendra Bhai Bhat of SBS traced the history from the history of betrayal by IBA and Unions from days of Desai Award. The need of the hour is for all retirees to unite under one umbrella and fight for their issues. He also deplored at the meagre family pension.

8 Sri Ramanamurthy of SBH, stressed the need for united front of retirees and sought authorisation for Sri Sukumaran to initiate dialogue with all other apex level retiree organisations to secure unity amongst all retiree organisations for a joint fight which alone can bring results. Sri Pinaki Shah of BOB, quoted the case of RRB, Gujarat, where Supreme Court has ruled on equal pay for similar jobs violation of which will run counter to Art. 14 of Constitution of India. The following decisions emerged from the detailed deliberations. a) Seek legal opinion on the validity of record of notes for deciding future course of action. b) Memorandum to FM, GOI, to direct IBA to withdraw the record of notes in toto as it is ultravires Art. 14 of the Constitution and initiate a dialogue with retiree organization. c) To vigorously pursue for setting up of a JOINT ACTION GROUP of all Apex federations of Retirees viz. RBONC, AIBPARC, AIBRF, SBI pensioners federation, All India Bank Resignees forum, Forum of Bank Retirees, AIRBEA, and others. Thereafter, with these views, the report of GS was approved and adopted which was proposed by Sri PD Vaidya and seconded by Sri P Oza, both of erstwhile SBS. Sri Makwana initiated discussions on the audited accounts. He felt that sound financial strength and good membership strength are equally important to fight our issues. Hence he appealed to all affiliates to strengthen the finances and improve the subscriptions. Need for creation of legal fund to take care of future needs was highlighted. Affiliates were advised to find ways and means to strengthen funds position. The audited accounts were thereafter approved and adopted which was proposed by Sri Lakhawala and seconded by Mrs. Anita Gokhale of BOB. Sri K Jayaram was confirmed as the auditor for the next term as proposed by Sri Lakhawala and seconded by Mrs. Anita Gokhale. Sri K Sukumaran moved the following official resolutions for approval and adoption. 1. Updation of pension % neutralization of DA relief to Pre retirees. 3. Rationalization of family pension. 4. Uniform medical/hospitalisation scheme for retirees. 5. Pension to CRS/resignees. 6. Additional pension post 80 years of age 7. Adherence to National litigation policy 8. Recognition to RBONC by IBA and Govt. 9. Setting up of structured forum for grievance redressal industry wise and bankwise. The following special resolution was also moved The 4 th Triennial Conference of Retired Bank Officers National Confederation (RBONC) held at Vadodara on the 11 th June, 2015 is shocked at the contents of the recorded note dated 25 th May, 2015 between I.B.A and U.F.B.U on the various demands of the retired bank employees and officers. After continued interaction for over 20 years through various channels, the statement that there is no contractual relationship between the Banks and the pensioners is unacceptable. This is illegal and violative of article 14 of the Constitution of India. This is a new ploy to escape from the

9 responsibility of considering the justified demands of the retirees / pensioner, whose associations have been taking up the issues for satisfactory solutions. This Conference totally rejects the recorded note and demands scrapping of the same. Further, this Conference urges for immediate dialogue by the I.B.A with RBONC retiree organisations. All these resolutions were unanimously passed. Sri Ramanamurthy of SBH was requested to be the returning officer for electing the office bearers for the ensuing term ending 31/3/2018. The following were declared elected unanimously 1. President Sri K Sukumaran 2. Executive President Sri VT Makwana 3. Vice Presidents Sri PD Vaidya Sri MP Balasubramanyam 4. General Secretary Sri RD Deshpande 5. Joint Gen Secretary Sri DK Nadiger 6. Treasurer Sri YN Ramesha 7. Chairman, Advisory Committee Sri P Sanjeeva Rao The meeting conclude with vote of thanks by Sri YN Ramesha. The programme was compered by Sri DK Nadiger.

10 Vadodra on 11 th June 2015 urges the IBA/ RBI/ Government to extend the benefit of

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