Writ Petition filed by We Bankers demanding action from the Government in accordance with the mandatory provisions of Section 12 (5) of Industrial Disputes Act, 1947 with regard to its demand for equality in the matter of Salary Pension and number of days per week working at par with Central Government Employees was heard in High Court. In accordance with the direction given on 06.10.2020, the Government Advocate Sri Manoj Kumar Singh produced a letter received from Ministry of Labour & Employment wherein it has been mentioned that conciliation proceedings with regard to Industrial Dispute raised by We Bankers is still pending before Chief Labour Commissioner (Central) and next date for joint discussion will be fixed after consultation with both the parties as Indian Banks Association has informed that they are in the process of resolving the issue through bilateral talks. Hon'ble Justice felt annoyed over the information given by Learned Counsel of the Government and asked when Conciliation Officer vide his letter dated 11.06.2020 has informed the Government about Failure of Conciliation, how under these circumstances another date for joint discussion is fixed instead of taking action under Section 12 (5) of the Industrial Disputes Act, 1947? The Government Advocate could not reply and satisfy the Hon'ble Judge. Consequently, Hon'ble Judge instructed Additional Solicitor General of Government of India to remain present in the court on next date to apprise the Court about the true factual position. The next date fixed is 22nd October 2020.
It is undoubtedly clear that We Bankers is making honest efforts to put an end to the tradition of selling the rights of Bank Employees in the name of collective bargaining and treating them as commodity in the matter of fixation of Salary and Pension on the basis of Paying Capacity and negotiating in percentage terms. We Bankers has challenged the authority, competence and powers of the Indian Banks Association to negotiate and sign the settlement on behalf of employer banks stating that Indian Banks Association is constantly and repeatedly explaining its position that it has not been created by any statute, it is not registered under the Trade Unions Act, 1926 or Societies Act, 1881, it is not amenable to writ petition and it is not a "Public Authority" under the Right to Information Act, 2005. We Bankers has raised objection citing Section 36 of the Industrial Disputes Act, 1926 and has said that Indian Banks Association cannot validly represent the Employer Banks. Under these circumstances, it would be fair and reasonable in the interest of justice that illegal Indian Banks Association is replaced by National Tribunal as per scheme provided in law.
If We Bankers succeeds in its honest efforts and Government considers its demand in accordance with the mandatory provisions of Section 12 (5) of the Industrial Disputes Act, 1947 by referring the matter to National Industrial Tribunal or referring the same to specifically constituted Pay Commission exclusively for Bank Employees, it would mean end of 54 years old tradition of Bipartite Settlement which is responsible for present pathetic condition of Bank Employees. We Bankers has made every possible attempt to convince constituent Unions of UFBU to agree to its demand because adjudication through National Tribunal would bring transparency into the system resulting into increased faith and trust of bank employees in their Trade Unions. We are unable to understand as to why leaders of United Forum of Bank Unions are opposed to replacement of Indian Banks Association by National Tribunal. As a matter of fact, National Industrial Tribunal would provide equal opportunities to all the Unions to place their view points before it and its Award would disclose the reasons for agreeing or not agreeing to these view points and bank employees would become aware of these reasons.
Now it is time for Bank Employees both working as well as retired to take a final decision as to whether they want to be treated like a commodity giving right to 10-12 persons as UFBU to sell out their rights in the name of collective bargaining and negotiating in percentage increase terms or they want determination of their Salary and Pension scientifically in accordance with the norms set by Indian Labour Conference/Pay Commission by taking into account the necessities of life more so when Government of India itself has decided equivalence of post thereby treating Bank Officer in JMGS-1 equivalent to Class 1 Officer of the Central Government and Clerical and Sub Staff Employees equal to Grade C Employees of Central Government.
It is time to revolt against present system by resigning from existing Unions in protest against the percentage increase game thereby communicating the leaders of UFBU that majority of Bank Employees no more want to be guided by unholy and sinister relationship between IBA and UFBU.
