RRBs started their journey on 02-10-1975 when 5 (five) Regional Rural Banks (popularly known as Grameena Banks) were established on that date through promulgation of an Ordinance. The Ordinance was replaced in February 1976 when the Regional Rural Banks Act, 1976 (21 of 1976) was passed in the Parliament.

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As per provisions of the Act, ownership of these banks is shared by the Central Government (50%), concerned State Governments (15%) and the rest (35%) by the respective sponsor Banks, which are mostly the public sector banks. Objective of establishment of these banks was to cater to the needs of the poor people in the villages and also to create employment opportunities.

The planners sought to combine the local feel and familiarity of the co-operative system and the professional competence of the commercial banks by bringing up this new set of banks exclusively for the poor people in the matter of catering to the credit needs in the rural areas.

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Total number of RRBs reached to 196 by the end of 1987 as the policy makers conceived the RRBs as district level banks, though many of them had more than one district as the area of operation. Presently due to amalgamation, number of RRBs has come down from 196 to 56 only with total number of branches of around 20, 000 with total customer base of more than 15 crores mostly in rural areas of the country. Number of Sponsor Banks is 22.

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History of RRB and history of AIRRBEA is very much linked with the activities of Com Dilip Kumar Mukherjee for obvious reasons as will be evident from the following pages.

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Recruitment in RRBs, 5 in number (established on 02-10-1975) and others opened subsequently started in 1976, though to start with staff members of the sponsor banks were also deployed in the RRBs on deputation.

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No Service Rule was put in place for the RRB staff, there was no post of Messenger, pay scales of employees were tagged with those in respective State Governments, and the banks were being run at the whims of the deputed officers in the management posts.

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Dada Mukherjee (Com Dilip Kumar Mukherjee) joined in GGB (Gour Gramin Bank) in West Bengal as Branch Manager in April, 1976. Now the name of amalgamated bank is Bangiya Gramin Vikash Bank wherein erstwhile GGB is the constituent.

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In mid 1977, Dada Mukherjee and some other officers (BMs) from various parts of the country were sent to the Training Centre of Reserve Bank of India (RBI), Pune, Maharashtra. At that point of time College of Agricultural Banking (CAB – RBI), Training Centre for RRB officers in earlier days at Pune was not only the birth place but also the growth centre for AIRRBEA.

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Later on, BIRD (NABARD) at Lucknow also became the breeding centre of the units affiliated to AIRRBEA. The trainees took the major responsibility for the formation of Association and increase the membership of AIRRBEA under the leadership of Com D K Mukherjee and some others who joined the RRBs.

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Around this period there was –

• No scope to know each other in different RRBs of different states excepting when they were sent on Training at RBI Training Centre, Pune.

• Very limited service area of the RRB – 1 or 2 districts. There was very little scope to go outside the service area of the respective RRB.

• All new comers – fresh from college/university having no TU background.

• No idea about T.U. or Banking Sector caused lack of collective thinking.

• No Service Rules, even no confirmation of the service up to 1980 in RRBs for their staff.

• Fear amongst employees/officers to form any Association of RRB staff.

 

Some positive features also surfaced –

• Young persons joining RRB from the same district/State had courage to face management attacks.

• With very low level of service/financial benefits in comparison to bank employees created atmosphere to fight injustice.

• Some Officers joined RRB mainly in Eastern & N.E. Region after their experience in State Govt. jobs at the age group of 35 – 40 years. So, they had some knowledge of service conditions, right of employees etc. which were denied to RRB staff.

 

TU Guidance & other relevant features

• Com D.K. Mukherjee had his experience of T.U. in LICI & State Govt. (1958 – March, 1976). His continuous contact, communication and mobility helped formation and growth of associations in RRBs.

• Left Front Govt. in WB/Kerala/Tripura etc. helped growth of TUs.

• Due to involvement of majority association in RBI with Com Asish Sen as its leader, easy rapport with RBI/NABARD officials/management was possible.

• A sincere & mobile core group could be formed in some States that helped much to move forward under the leadership of Com. D K Mukherjee and some other dedicated leaders like Com Ajit Ghosh, Com Pinaki Pratim Deb, Com PSM Rao, Com Mahendra Singh, Com S N Singh, Com Ganapathy Hegde, Venkateshwar Reddy and also some others.

• AIRRBEA being the first and only apex organization for all cadres from 1978 to 1982 had the opportunity to approach all cadres of staff.

• Major players in Banking Industry as TU had come to the RRB sector as follows –

–     AIBEA formed TU in RRB in 1983 &

• AIBOC formed their unit in RRB in 1987 –

• NOBW though came in 1982 to the RRB sector; it was a minor player in Banking Industry.

• BEFI was born in 1982 as a minority organization.

 

AIRRBEA units took the advantage of State Level Coordinating Body and later SLF/SLCRC at management side under the Chairmanship of Lead Bank/NABARD where all the staff matters at the State Level were discussed.  At the National level, a Committee for RRB & staff matters under the Chairmanship of Deputy Governor, RBI was there. R.P.C.D, RBI used to look after the RRB matters up to 1984.

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So unless State Level or National Level body was formed, there was none to bargain at these levels.

AIRRBEA formed both National & State Level committees along with RRB level bodies since inception.

Some historic events at the initial stage of the AIRRBEA

• First Meeting of 39 officers was held in August 1977 at Pune at College of Agricultural Banking (RBI) towards formation of the AIRRBEA, mainly at the initiative of Com Dilip Mukherjee.

 

First Apex Organization (Adhoc body) formed at Pune in August, 1977 with –

1. Com Gopinath – President  

2. Com D K Mukherjee – General Secretary

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First registered unit of composite Association in RRB in the country –

1. Mallabhum GB (West Bengal) ii. Puri GB (Odisha)

2. Foundation conference of the AIRRBEA was held at Bhubaneswar, Orissa on 27th & 28th May, 1978

 

First Central Committee of the AIRRBEA was elected with –

1. President – Com Ashis Sen – elected in his absence (Com Ashis Sen was then General Secretary of the All India Reserve Bank Employees Association) and his name was proposed by Com. Amal Chakraborty of UCO Bank.

2. Vice President – Com D.K. Mukherjee

3. General Secretary – Com Basant Mishra (who did/could not function as GS after issuing Circular no 1 which was prepared by Com D K Mukherjee)

4. Com D K Mukherjee had to function in place of Com Basant Mishra

5. First meeting of Central Committee was held on 29-05-1978 at Puri sea beach

6. Decision to hold the first Conference at Cannanore, Kerala was taken in the CC Meeting held at Nagpur, Maharashtra (RBEA office) on 24-08-1979.

 

First time the constitution of AIRRBEA was drafted (1978) by –

1. Com Amal Chakraborty (UCO Bank) – he was leader of the UCBEA

2. Com DK Mukherjee (Gaur GB) iii. Com Ganesh Mishra (Puri GB)

Presidium in the foundation conference at Bhubaneswar, Orissa on 27th & 28th May, 1978

1. Com Amal Chakraborty (UCO Bank)

2. Com DK Mukherjee (Gaur GB)

3. Com Ganesh Mishra (Puri GB)

First conference of AIRRBEA at Cannanore, Kerala – 1st & 2nd March, 1980 elected

1. Com Ashis Sen as President (continued from 1978 to 26th January, 2003 i.e. Bishnupur WB Conference)

2. Com DK Mukherjee – as General Secretary (continued till his death on 31-03-2013 as Secretary General from 2010)

 

• First Charter of demand of the AIRRBEA prepared by – Com Ashis Sen, Com Ajit Ghosh and Com D K Mukherjee (1980)

• First Constitution Amendment (Draft) by – Com Ajit Ghosh (1980)

• First General Council Meeting – Patna, 18-01-1981

• First strike observed by the AIRRBEA – 27th June, 1980

• First Dharna organized by the AIRRBEA at New Delhi – 02-10-1980

• First memorandum for Hon’ble Prime Minister of India was prepared by –

1. Com Ashis Sen ii. Com Ajit Ghosh  iii. Com Sayeed Khan

• First Deputation to Prime Minister, GOI at New Delhi – 02-10-1980

• First Deputation to Hon’ble Finance Minister, GOI & Hon’ble Labour Minister, G.O.I – 03-10-1980

• First series of AIRRBEA agitational programmers-15-05-1980 to 02-10-1980

• First case filed by AIRRBEA in Supreme Court praying – “equal pay for equal job”– 03-02-1984 (filed in 1983 through G S Kaushik an officer of the then Gurgaon Gramin Bank along with AIRRBEA as petitioner)

• Second Dharna at New Delhi – 27-03-1981

• First series of Achievements of the AIRRBEA agitation programmes –

• Right for Recognition of T.U. (27-12-1980),

• Right for bonus (15-10-1980)

• Officiating allowance (22-12-1980)

• Confirmation of staff (09-12-1980)

• Remote place allowance (5-11-1980) etc.

 

Representative capacity of the AIRRBEA was upheld by the Supreme Court first in 1984 (17-09-1984), then again in 1996 (12-04-1996) and again on 31-01-2001.

• 1st Supreme Court Order on 01-09-1987 (in the WP filed on 03.04.1984.) – Direction to GOI to constitute the NIT (National Industrial Tribunal) under the Chairmanship of Chief Justice (retired) of a High Court. It was constituted by the GOI under the Chairmanship of Justice Obul Reddy, Chief Justice of AP High Court (Retd), Hyderabad, vide GOI notification dated 25.11.1987

• NIT Award pronounced by Justice Obul Reddy on 30-04-1990 at Taramandal Complex, Hyderabad, AP, directing Parity of wage Structure – Historic victory of the AIRRBEA under active participation of its A P State Federation under leadership of Com PSM Rao, Com S Venkateshwar Reddy, presently GS, NFRRBO and other leaders of AP/Karnataka/WB/Kerala Federations etc.

• 2nd Supreme Court direction on 12-04-1996 – to allow arrear & other benefits out of implementation of the NIT Award vide GOI order dated 22.02.1991.

• 3rd Supreme Court directions came on 31-01-2001 in the matter of allowing parity and extension of 6th and 7th Bipartite pay scales and other benefits, as the same was held up by the GOI on the plea that effect of NIT Award was not continuous, and so Mahalik Committee was formed to frame separate pay scales etc.

• 4th Supreme Court direction on 07-03-2002 in the matter of contempt petition filed by AIRRBEA, finally rejecting plea of profit/loss while granting parity.

 

• Pay parity for RRB Staff substantiated on 30-04-1990 – through the Award of the NIT.

• First Government order on Pay parity and equation of posts – GOI order dt. 22-02-1991 as per NIT Award dated 30.04.1990.

• First NABARD’s order on details of Pay parity on 20-03-1993 – based on RC Gupta Committee report

• First GOI order for regularization of part-time messengers – 08-10-1984

• Second GOI order for regularization of part-time messengers – 04-10-1988

• Comprehensive order on regularization of part-time messengers – 22-02-1991 & 20-03-1993 by the GOI and Nabard respectively.

• First Service Rule introduced in RRB for all categories of staff – 13th May, 1980

• Service Rules for RRB Staff notified after amendment notified by GOI on 15-09-2000

• Latest Service Rules as notified by GOI – 25-06-2010

• First Promotion Rule in RRB notified by GOI – 28-09-1988

• Second promotion rule notified by GOI – 29-07-1998

• Latest and existing promotion rule notified by GOI – 13-07-2010

 

• C. Mahalik Committee appointed by GOI – November, 1996 – to delink RRB staff from Wage structure of Banking Industry.

• C. Mahalik Committee Report – May, 1997 – to delink RRB staff from Wage structure of Banking Industry.

• Karnataka High Court order on 11-11-1998 – rejecting Mahalik Committee and to uphold Parity.

• Kerala High Court W.P. no. OP no.1871/1997 (SMGB) – to uphold parity of Salary Structure at 6th Bipartite Settlement, filed by our SMGB units.

• Kerala High Court Division Bench order on 25-11-1998 – to uphold parity at 6th Bipartite – great victory of the AIRRBEA.

 

• Pension Parity case of AIRRBEA (with Computer Increment) before Karnataka High court – WP No. 20034 of 2003 filed by our Karnataka State Federation under leadership of Com Ganapathi Hegde and Com H Nagbhusan Rao.

 

• NABARD’s Transfer Petition for all Pension cases in different High Courts to Supreme Court – TP No.211 of 2009.

• Supreme Court rejected the NABARD’s Petition on 26-08-2010 and sent back the cases to respective High Courts.

• Pension Parity Case in Karnataka High Court order on – 22-03-2011 (D.B order – 31-01-2014) – great legal victory of the AIRRBEA under aegis of our Karnataka State Federation.

• Pension Parity Case Rajasthan High Court order on – 15-09-2011.

• Pension Case Rajasthan High Court Division Bench order on – 23-08-2012

• GOI filed SLP before the Hon’ble Supreme Court no.39288 of 2012 against the above DB order dated 23-08-2012 of the Rajasthan High court. (More details are furnished at the later part of this write up)

 

Amalgamation of RRBs – Total number of RRBs has come down from 196 (in 1987) to 56 (in April, 2014) –

• First Phase started in September 2005 – Sponsor Bank wise within a State – as per Prof V S Vyas Committee Report of 2004

• Second phase (partly) – October 2012 – Across the Sponsor Banks within the State, but not yet delinked from Sponsor Banks, yet to bring state level RRB under Holding Company of SBI and NABARD.

 

Organisational revamping

AIRRBEA formed two separate wings from its 11th Conference held at Sikar, Rajasthan on 20-22nd February, 2010 –

–  NFRRBO (National Federation of RRB Officers)

–  NFRRBE (National Federation of RRB Employees)

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AIRRBEA is now (after Sikar Conference) coordinating body of NFRRBO (National Federation of RRB Officers) and NFRRBE (National Federation of RRB Employees) and as per Constitution, Secretary General, AIRRBEA is ex-officio Chairman of both NFRRBO and NFRRBE.

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Both NFRRBE and NFRRBO represent the overwhelming majority of employees and officers respectively in the RRB sector. AIRRBEA has formed National Federation of Retired RRB Staff (NFRRRBS) from its General Council Meeting held at Amritsar on 31-10-2015 and 01-11-2015 for the retired staff members across the country now numbering about 15,000.

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Coming to little details pertaining to the history of the RRBs and the AIRRBEA:-

As mentioned hereinabove, the idea of promoting All India Association of RRB employees was conceived by a handful of enterprising branch managers of RRBs under the leadership of Com Dada Mukherjee, who had assembled at the College of Agricultural Banking of the RBI at Pune for undergoing a training course there. It was in August, 1977 when an ad-hoc committee was formed with Dilip Kumar Mukherjee as General Secretary. After hectic organizational works for a few months the AIRRBEA took its birth in the Inaugural Conference held at Bhubaneswar on May 27-28, 1978 with Ashis Sen as President, Dilip Mukherjee as Vice President and Basanta Mishra as the General Secretary.

 

Twenty months from June 1978 to February 1980 almost went awry due to non performance of the first General Secretary.

 

The AIRRBEA actually came to light in its first General Conference held at Cananore, Kerala. Even when in its cradle in the year 1980 the AIRRBEA was clear in its vision and concepts. Its distinct goal was to protect and promote the service conditions and salary structure of its members, and simultaneously to build up close affinity with the downtrodden people in the rural society by fully harnessing the unique opportunity to serve them with separate ethos blended with compassion and consciousness as well as different credit products of the RRBs.

 

With the advent of mass banking scenario backed up by different poverty alleviation schemes, dovetailed with government subsidy and bank loans from the early eighties, RRBs assumed a pioneering role to implement those rural development programmes in consultation with the elected Panchayat and State functionaries in all parts of the country. RRBs alone negotiated around 43% of the then Government scheme of IRDP and other poverty alleviation cases, organized around 48% of total number of self help groups, mostly of women and initiated over 50% of the farmer’s clubs under the NABARD scheme.

 

The vision and the concept of the AIRRBEA were manifest amply even in its first Charter of Demands adopted at Cannanore in February, 1980. The salient features of the demands were:-

 

1. Equal Pay for equal job (at par with Sponsor Banks and not as per State Govt. Rules as were made applicable at that time.)

2. Comprehensive Service Rules for officers and employees.

3. Creation of posts of Messengers for all branches and offices of RRBs.

4. Rural Bank for Rural India.

5. Simplification of lending rules and banking norms and procedures to suit the needs of the poor rural masses.

6. Waiver of collateral security for all loans up to Rs.5000/-.

 

The AIRRBEA came out as a vibrant organization and also became an inseparable part of the struggles and movements, both Industry specific and in respect of united action of the working class in the Banking Industry and in the country as a whole.

The first Rally and Dharna of the AIRRBEA at Delhi was held on October 2, 1980, when over 500 RRB staff from different parts of the country paraded through the street of the Capital to hand over a Memorandum to the then Prime Minister, Smt. Indira Gandhi. The first achievement to come was publication of the RRB Staff Service Regulation in 1980 in a composite way for officers and workmen employees.

 

Fight for Parity: –

 

On 03.04.1984, the AIRRBEA filed a Writ Petition in the Supreme Court of India demanding salary benefits at par with commercial bank employees, and after a strong challenge from the Govt. of India over the representative capacity of the AIRRBEA for all cadres of staff the court finally admitted the petition on 17th September 1984.

 

While Rural Banks were being used as the vehicles for development of rural sectors, the employees were under severe hardship because of policies of the government. This was effectively put forward before the Supreme Court and finally the Apex Court directed the GOI in its order on 01-09-1987 to set up the NIT (National Industrial Tribunal) to deal the whole matter of demand of equal pay for equal job.

 

Under the leadership of AIRRBEA, employees of the rural banks all over the country had been agitating since 1980s on the demand of (1) equal pay for equal work – uniformity in wages and service conditions, (2) regularization of messengers on daily wage (3) promotional opportunities for all (4) negotiating forum in the Apex and State level. All these were taken before the NIT which was formed on 25-11-1987 under the Chairmanship of Justice Obul Reddy, Hon’ble Retired Chief Justice of the Andhra Pradesh High Court.

 

After nearly 2 years of serious deliberations before it, the laborious task undertaken by the AIRRBEA, representing nearly 80% of the total employees in all categories covering officers, managers etc down to peon and sweepers was crowned with success in the teeth of stiff opposition from the Central Govt., RBI, NABARD and several sponsoring banks.

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As per award delivered on 30th April 1990, employees and officers of Gramin Banks became entitled to get the same pay and allowances and other benefits as their counter parts in Sponsor Banks, effective from 01.09.1987. Sub Staff employees also became regularized from the date of their employment.

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But the Government adopted a delaying tactics compelling the employees to give a call for one day token Strike in the 3rd week of January,1991, with the demand of parity of salary and wage fitment corresponding to sponsoring bank’s staff. Government’s half hearted implementation of the NIT Award and Equation Committee’s report on 22-02-1991 denying the accruing benefits for the period between 01.09.1987 and 31.01.1991 caused further unrest. The dues of the employees ran to some Rs.275 crores. Further, in spite of clear direction of the Tribunal, part time messengers had not been regularized for a long period. The employees were deprived of computer increment from 01.11.1993.

Further legal fights revolved mainly around proper implementation of the Award and also in defense of the benefits flowing from the Award. The AIRRBEA had to take resort to appeal before the Hon’ble Supreme Court twice (after the Award in 1990) for implementation of Industry wise Wage Settlement and protection of parity.

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With an evil design to undo the benefits of parity the Govt. of India appointed in November 1996 the S.C. Mohalik Committee to re determine the salary structure of RRB employees.

The Mahalik Committee came out with a report in May 1997 to introduce a separate structure of pay for RRB staff so that they could be delinked from the industry-wise settlements. While some of other All India Associations of RRB employees put up deputation to the Committee with an attitude of collaboration, the AIRRBEA firmly boycotted it and even challenged its authority in the Karnataka High Court.

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Ultimately the Court was pleased to quash the Mahalik Committee and the right to parity was defended on 11.11.1998. Amidst a plethora of Trade Union actions in different RRBs in the nook and corner of this vast country the most glorious one stands out to be movements of the Coordination Committee of the South Malabar Gramin Bank Unit for implementation of the 6th Bipartite Settlement. Besides some token one day strike, the unit observed their 23 days strike at a stretch and then 14 days hunger strike in 1995 – 1996.

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And in the legal front also, the units of the then SMGB (South Malabar Gramin Bank) in Kerala came out in flying colors in the High Court of Kerala and then in the Supreme Court in the matter of implementation of the Bipartite Settlements having all India ramifications.

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The 8th and 9th Bipartite Settlement benefits could be broadly implemented in the RRBs through organizational effort only, i.e. without resorting to appeal before the Court of law. But the relevant orders were full of incongruities, anomalies and deprivations, and programmes of organizational movements including strike had been chalked out.

 

The glaring display stood out to be the absence of any pensionary benefit for RRB staff at par with the scheme of the commercial Banks. Legal actions had been initiated in Karnataka High Court against the flagrant violation of the NIT Award. (More details are available in subsequent pages). The order of Hon’ble Karnataka High Court came on 22-03-2011 directing the GOI to give effect to the Pension Parity.

 

On Restructuring of RRBs:-

 

In the memorandum submitted to Narasimham Committee in 1991-92, it was suggested by the AIRRBEA that rural credit system must be strengthened enough for the entire rural masses and the separate identity of RRBs must be retained. AIRRBEA had been demanding for setting up of National Rural Bank with the amalgamation of 196 rural banks in the State level institutions to meet the needs of rural priority sector under one single Central Federal Body to supervise them.

 

The Parliamentary Standing Committee for Finance unanimously recommended in December 1993 and again in 2003 for formation of a National Rural Bank or Zonal Rural Banks under a Central canopy. So was the case when the Finance Minister met earlier in October 1993 the MPs belonging to all political parties. But suddenly the Finance Minister spoke of revamping only 100 RRBs in 1993-1994.

 

During the period from mid 1995 to end 1996 the AIRRBEA launched series of programmes, some State based, some regional and some central, including All India Strike actions on their demand of (1) Continuity of parity of wages with the employees of commercial banks (2) Establishment of a National Rural Bank of India and (3) Parity of retiral benefits with the commercial bank employees.

 

By this time Mahalik Committee recommendation on wages etc in RRBs also added fuel to fire. AIRRBEA and most of the unions boycotted the committee though all the unions rejected the report of the committee.

 

In February 1997, AIRRBEA had most of the other organizations with it in launching a joint struggle demanding implementation of the 6thBipartite Settlement of 14.02.1995 and the Joint Note of 23.06.1995 signed between IBA and the Workmen Unions and also IBA and officers’ organizations to RRBs. One day strike was also observed jointly.

 

Following formation of UFBU in the banking industry in 1997, a similar platform for joint movement was established in the RRB sector also with AIRRBEA and five other unions. But the BMS followers did not join it although their counter parts in commercial banks were in the UFBU. The United Forum of Regional Rural Bank Unions (UFRRBU) carried on a series of agitational programmes and joined the UFBU in the strike action of 04.07.1997 and 28-29.08.1997 demanding (1)Implementation of the 6th Bipartite Settlement/Joint Note to the RRBs and (2)Abandonment of the Government’s decision to permit the private sector to establish Local Area Banks (LABs).

 

The decision of the Government to permit LABs was taken by the RRB employees as well as by the commercial and the co-operative bank employees as a great threat to mass banking and security of jobs of the employees. The other demands included were parity of retiral benefits with the commercial bank employees and establishment of All India Bipartite Forum for RRB Employees. Establishment of LABs was stopped, at least for the time being.

 

Chalapati Rao Committee report dated 26th June, 2002 –

Mention may be made of a wide range of agitation programme observed by AIRRBEA units against the report of Chalapati Rao Committee, which recommended, amongst others, gradation of RRBs on the basis of financial health and suggested privatization of RRBs.

 

The common movement of UFBU and UFRRBU had some impact on the government’s thinking in relation of Mahalik Committee. The main impact was, however, cast by the judgment by the Kerala High Count and the Karnataka High Court in the cases filed before them, by one of the units of AIRRBEA and other by AIRRBEA direct.

 

The Hon’ble courts held that, with the implementation of NIT Award in the RRBs by the government in exercise of the power conferred to it by the RRBs Act, 1976, reflection of periodical revisions in the wages of the sponsor banks employees on the wages of RRBs employees had become an irrevocable principle.

 

RRB employees and officers all over the country staged a Day Long Dharna before all Head Offices of RRBs on 06th September 2011 at the call of AIRRBEA on the following demands:

• PARITY OF SUPERANNUATION BENEFITS / OTHER ALLOWANCES / BENEFITS / SERVICE CONDITIONS.

 

• REGULARIZATION /ABSORPTION / PROMOTION OF DAILY-RATED / PART-TIME / CASUAL WORKMEN, MESSENGERS, SWEEPERS & WORKERS.

 

• REPRESENTATION OF WORKMAN/OFFICERS IN THE BOARD OF MANAGEMENT OF RRBs.

 

AIRRBEA again gave a call for all India RRB Strike on 30.03.2013 on the following demands: (This call was deferred in view of the conciliation made by the CLC (C) and the GOI officials at Delhi held on 28.03.2013.)

1. Immediate extension of Pension parity to RRB staff as per Industry wise Settlement as on 29.10.1993.

2. Formation of NRBI with State Level RRBs.

3. Adequate manpower by fresh recruitment and promotion. Promotional and recruitment vacancies as on 31.03.2012 must be filled up before 31.03.2013.

4. Regularisation of all part-time/casual/daily waged employees in RRBs.

5. Extend all other allowances and benefits including computer increment in tune with Sponsor Banks.

6. Representation of workmen and officers in the Board of Management of RRBs.

 

Opposition to Privatisation Bill for RRBs:

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It may be noted that at the fag end of the UPA II regime, the Finance Minister Sri P. Chidambaram placed a bill to the Parliament on 22.04.2013 intending amendment of the RRBs Act, 1976, providing for dilution of ownership of the RRBs and to allow private share in the capital base of the RRBs, and other related provisions to implement the proposal.

This was strongly objected to by the AIRRBEA and all other unions in the RRB sector as also by the UFBU in the Banking Industry. The Bill placed was referred to the Parliamentary Standing Committee on Finance, and the same could not see the light before expiry of the 16thLok Sabha. Thus the matter ended for the time being. However it was revived by the NDA Government and almost similar Bill was placed in the Lok Sabha by Sri Arun Jaitley, Union Finance Minister on 22-12-2014. And it was finally passed by the Rajya Sabha in March, 2015. The President of India has also given his assent to the Bill. Now this remains a big threat not only to RRB staff, but also to the work force in Banking Industry.

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Legal Battle of the AIRRBEA on Pension Parity as well as Pay Parity:

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Coming to the other side of the struggles in the Court of Law, it may be observed that history of the struggles of the AIRRBEA is replete with legal battles also throughout its long existence and advancement, and so it will be unjust to conclude this write up without mention of the land mark events of the legal battles carried by the AIRRBEA for the cause of the RRB staff.

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Most of the retired friends and hundreds of those at the fag end of their service in the RRB sector, are very much agitated and anxious on the fate of final outcome of the legal battle out of SLP (C) No. 39288 of 2012 filed by the DFS, MOF, Government of India against the final judgement and order dated 23.08.2012 passed by the Hon’ble High Court of judicature for Rajasthan at Jodhpur in DB Civil Special Appeal (W) no. 2021 of 2011. Incidentally this appeal was also filed by the DFS, MOF, GOI against the order of the single Bench of the said Hon’ble Court, Jodhpur dated 15-09-2011 in the WP No. 4366 of 2005 filed by Gramin Bank Pensioners Samity and Krishna Pareek (Vs  Union of India), where AIRRBEA was allowed to participate as impleading petitioner.

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Naturally the AIRRBEA leadership had to play the leading role with engagement of Senior Lawyer and putting the entire matter of arguments as was done in the matter of WP filed by the AIRRBEA before the Karnataka High Court and disposed of by the Hon’ble Single Bench on 22.03.2011 in WP No.20034/2003.

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RRB men recall with deep sense of gratitude and respect the contribution and the strong conviction of the beloved deceased leader Dilip Kumar Mukherjee and his close team, Com Ajit Ghosh and other leaders from various States, about the victory on the subject matter of parity of wage structure. Mention may be made here of the effective role of the team of legal matters like Com PSM Rao, Com R G Nargund, Com Venkateswar Reddy, Com Ganapathi Hegde, Com Nag Bhushan Rao, Com K G Madanan, Com H N Barman, Com Anadi Mahato and other leaders of Andhra Pradesh/Karnataka/Kerala/West Bengal State Federations, who had contributed their dedicated service/involvement in respective Hon’ble High Courts and before the NIT/Supreme Court.

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It will be failing in our duties if we do not recall the invaluable advice and sterling performance of our NIT Advocate late KG Kannabiran under whose guidance and supervision our petition bearing no.1/88 before the NIT was prepared/finalised by Com Ajit Ghosh/Com PSM Rao and their team and the same was filed within the period stipulated by the National Industrial Tribunal (NIT), with its HQ at Hyderabad.

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Pension Parity case pending before the Hon’ble Supreme Court –

Let it start with the mention of events taking place recently on Pension Parity Case i.e. from the stage GOI knocked the door of the Supreme Court against High Court (DB) order.

1. SLP (C) No. 39288 of 2012 (arising from final judgement and order dated 23-08-2012 passed by the Hon’ble Rajasthan High Court at Jodhpur in DB Civil Special Appeal (W) No.2021 of 2011), filed by the Government of India (DFS, MOF) to create confusion and to delay/deny the Pension Parity to RRB Staff.

2. WP (CIVIL) No. 210/2013 – SMGBOF & Ors… Vs…Union of India & another filed by the AIRRBEA unit in SMGB (Kerala) to ensure full participation of the AIRRBEA to protect the interest of RRB Staff while contesting the above said SLP filed by the GOI.

 

Following orders/dates before the Supreme Court are worth mentioning –

• On 18-02-2013, the Bench of Justice P Sathasivam & Justice J S Khehar passed the order to ISSUE NOTICE.

• On 26-04-2013, the Supreme Court tagged WP No.210 of 2013 (SMGBOF & other Vs Union of India) with SLP (C) No.39288/2012.

• On 20-05-2013 Hon’ble Court considered impleading petitions of the AIRRBEA & various other unions and allowed the same.

 

It may be recalled that the case was listed for 29th April 2014 after some time when the matter was listed twice by this time, but hearing could not take place, particularly after submission of the affidavit by the Government of India on 05-07-2013 stating that GOI is ready to implement the Pension Scheme with stipulation that –

• For the present only profit making RRBs will be allowed to pay pension out of its profit utilizing only 25% of net profit and this amount should be more than 1/8th of the amortization amount for the corpus required for the RRB. Rest RRBs will be allowed only when they wipe out the accumulated loss and go by the above norm.

• Employees will have to contribute 30% of the total fund required for the RRB to implement the scheme

• Effective date of release of Pension will be 01-04-2012

 

Since the AIRRBEA could not bow down to the conditionalities, it had to take the matter to the Senior Advocates for effective opposition and remedy.

AIRRBEA approached the Hon’ble Chief Justice through the Senior Advocate for early hearing on priority basis.

 

On 18th February, 2014 Hon’ble Chief Justice allowed the same and passed his order to that effect. Accordingly, the matter was listed in March, 2014, but it did not reach for hearing as the Hon’ble Justice J S Khehar did not sit for the Bench, and thereafter the case was not listed as the Bench headed by Hon’ble Justice Khehar was not sitting.

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The matter was listed at item no. 6 on 9th September, 2014 and it reached the Bench for hearing, but surprisingly the ASG of the GOI prayed for adjournment, which the Court allowed. Our case was listed for 28 October, 2014. After 3 days of hearing on different dates the Hon’ble Court passed the interim order on 26-11-2014, directing the Government of India to negotiate with the stake holders to reach to a negotiated settlement.

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It remains a fact that AIRRBEA is the only organization who went before Hon’ble Chief Justice twice for early hearing on priority basis and has been continuing with all seriousness to pursue the Pension Parity Case.

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Karnataka High Court

1. AIRRBEA filed the Writ Petition No. 20034/2003 with claim of Parity of Pension and other allowances including Computer Increment before the Karnataka High Court, Bangalore – judgement was delivered on 22.03.2011 directing the GOI to frame the scheme of Pension for RRB staff at par with the scheme available in Banking Industry and also to pay the Computer Increment as paid in Commercial Bank, in terms of Settlement dated 29.10.1993.

2. Writ Appeal Nos. 5674/2011 and 6824 – 25/2012 (S – RES) & Misc. W. 8169/2011 were filed by Union of India/others against the orders passed by the Single Bench of the Karnataka High Court in the Writ Petition No. 20034/2003 (S – Res) dated 22-03-2011.

• Writ Appeal of the GOI was dismissed on 31-01-2014 by the Division Bench of the Hon’ble Mr. Justice N K Patil and Hon’ble Mrs. Justice Rathna Kala.

1. Reportedly the Government of India has filed another appeal recently before the Hon’ble Karnataka High Court for restoration of their appeal as the same was dismissed on 31-01-2014 on technical grounds.

 

 Highlighting events of the case in Karnataka High court: 

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In 2003, when all our efforts through negotiations on Parity of Pension with the GOI failed, the AIRRBEA leadership had no other alternative but to move the judiciary to get the relief and filed the WP stated above before the Karnataka High Court. Subsequently other apex organizations in RRBs and some individuals also moved other High Courts.

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Historic Judgement in the High Court of Karnataka delivered on 22nd March, 2011 in the WP no. 20034 of 2003 (S-RES) –Between –

i. AIRRBEA ii. KM Gurumurthy iii. Ganapati Hegde…..Petitioners &

i.Union of India ii. NABARD iii. Pragathi Grameena Bank …… Respondents

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In this case (WP No. 20034/2003), Hon’ble Court has stated in its Judgment that – “hence the Respondents are directed to take steps to ensure that the modalities are worked out for a Pension Scheme in line with the Pension Scheme formulated for the employees of the Sponsor Banks in terms of the memorandum of the settlement dated 29-10-1993 at Annexure – E to the WP with such changes as would be appropriate and keeping in line with the present circumstances.”

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Rank and file in the AIRRBEA remember the great contributions made by leadership of the Karnataka State Federation and the Senior Advocate Sri P S Raja Gopal and his associate Advocates.

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This judgement was challenged by the Government of India but the appeal has been dismissed on technical grounds as mentioned in the write up elsewhere

It may be recalled that NABARD, Mumbai took all such Court cases filed before different High Courts by different associations and individuals to the Hon’ble Supreme Court for adjudication, but Hon’ble Supreme Court passed an order on 26-08-2010 refusing to admit all such cases and sent them back to the respective original High Courts. As such our case came back to Karnataka High Court and it came for final judgement on 22-03-2011 (The petition was heard and reserved on 08-03-2011 and judgement was delivered on 22-03-2011).

 

Mention may be made that due to constant follow up and pressure created by the AIRRBEA, exemption was allowed to RRBs from the EPF & MP Act, 1952 subject to better Scheme of Pension to be made in RRBs as per provision of the said Act, vide Office Memorandum No. S – 35025/4/2011. SS.II, Ministry of Labour and Employment, Social Security, – II Section, dated 6th May, 2011. Such exemption has helped taking decision for “On Principle” Pension Parity by the Government of India at par with Commercial Bank employees.

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Pension Parity Case before the Rajasthan High Court, Jodhpur:

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Though the WP was filed by the GB Pensioners Samity, the AIRRBEA took all measures to take the proceedings to the logical end through all its efforts as impleading petitioner. The order of the Single Bench came on 15-09-2011 (WP No.4366 of 2005).

Division Bench Civil Special Appeal No. 2021 of 2011 filed by GOI in the Rajasthan High Court – against the judgment and order dated 15-09-2011 passed by the single judge of Rajasthan High Court, Jodhpur, in the WP no.4366 of 2005 – Gramin Bank Pensioners Samity and Krishna Pareek Vs. Union of India. This Appeal was disposed of on 23-08-2012 and after this Government of India filed SLP (C) No.39288/2012 before the Supreme Court.

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Background of Pension Case on achieving  Pay parity – a small resume: –

• AIRRBEA had to move Hon’ble Supreme Court with basic demand of “Equal pay for Equal Job” depending on the industry cum region formula – WP no. 132/84 G S Kaushik & Another .. Vs …Union of India & others – Continued from 1983 – 84 till 01-09-1987, when the Hon’ble Supreme Court Passed the order for establishment of the NIT (National Industrial Tribunal).

• NIT was formed on 25-11-1987 by the GOI notification.

• The NIT pronounced its award on 30-04-1990.

• The NIT award was implemented by the GOI order dated 22-02-1991 along with the Equation Committee Report dated 16-01-1991 effective from 01-09-1987.

• AIRRBEA had to move the Hon’ble Supreme Court in 1992 for removal of anomalies in pay-fitment and payment of Arrears and the matter ended with the Court’s order dated 12-04-1996.

• AIRRBEA again had to go before the Hon’ble Supreme Court during 1999 – 2001 and again during the years 2001-2002 under the following circumstances –

• 6th Bipartite Wage revision effective from 01-11-1992 was denied to RRB Staff.

• RBI appointed Mohalik Committee in 1997 at the instance of the GOI on salary and allowances of RRB staff. The committee recommended that the RRB staffs are not entitled to Parity of Pay Scales and other benefits with the Sponsor Banks’ staff and prescribed separate sets of pay scales which were elusive and looked slightly better at that point of time. Some associations even welcomed the Mohalik Pay Scales but our leadership stood firm and did not fall into the trap of the GoI proposals to distort the Parity Benefits flowing from the NIT Award.

• AIRRBEA challenged this step of the RBI/GOI and filed WP No.17905/1997 in the Karnataka High Court.

• Hon’ble Court by its order dated 11-11-1998 quashed the appointment of the Mohalik Committee and its Report and directed the Central Government to allow pay parity w.e.f. 01-11-1992 as per the 6th Bipartite settlement in Banking Industry, which was not implemented in RRBs

• In the meantime Co-ordination committee of the employees and officers unions of SMGB (Kerala) filed WP No. O.P.No.1871/1997 before the High Court of Kerala seeking similar relief as in the aforesaid WP before the Karnataka High Court.

• Learned Single Judge (Kerala High Court) allowed the WP and an appeal filed by the Management against the Single Judge Order was dismissed by a Division Bench of the Kerala High Court by an order dated 25-11-1998.

• The management carried this matter by way of a SLP before the Supreme Court. The AIRRBEA was permitted to intervene in the SLP and the said petition was ultimately disposed of by an order of the Supreme Court dated 31-01-2001 confirming the findings of the Kerala High Court and the Karnataka High Court as well to the extent that the employees of RRBs are entitled to Parity of the wages of the corresponding employees of the Sponsor Banks and are also entitled to identical wage revision as and when effected in Sponsor Banks.

• The Apex Court by this order granted further wage revisions w.e.f. 01-11-1997 as per 7th Bipartite Settlement that was implemented by this time in Commercial Banks.

• The GOI issued order on 11-04-2001 to effect this order of the Hon’ble Supreme Court, imposed several restrictions which virtually denied the Parity, in total negation of the direction of the Apex Court/NIT. Examples – Payment of arrear was linked to Profitability – HRA/CCA was made prospective from 11-04-2001 – Sponsor Banks were directed to negotiate with respective RRBs on other allowances to be payable w.e.f 01-04-2000.

• AIRRBEA had to take shelter of the Supreme Court again by filing Contempt Petition against the order of the GOI dated 25-04-2001.

• The Supreme Court disposed of this Contempt Petition by an order dated 07-03-2002 and it was clarified by this Apex Court that the GOI cannot now go back from its earlier stand of accepting the NIT Award, and as at present GOI cannot be held to be in compliance with the Judgement and directions of this Court in Civil Appeal No.2218 of 1999.

• After this the Government of India passed a fresh order dated 17-04-2002 where again the HRA was payable prospectively from 11-04-2001 and other allowances were to be paid prospectively with direction that Sponsor Banks should revise other allowances after negotiations with RRB employees.

• Till this time AIRRBEA leadership had to concentrate mainly on salary revision benefits which were denied to the RRB staff w.e.f. 01-11-1992, i.e. effective date of the 6th Bipartite, though the settlement (6th BP) was signed in 1995.

 

PENSION BENEFIT CAME TO PICTURE in Banking Industry in 1993

 

• On 29-10-1993 there was a settlement in Banking Industry through which Pension was introduced as a retirement benefit in lieu of CPF, effective from 01-01-1986 with actual payment of pension being made from 01-11-1993 and the same were given effect to by the Pension Regulations notified by the Sponsor Banks on 29-09-1995. But the GOI did not extend this to RRBs.

• This action of denial of Pension was taken up with the Government of India/NABARD several times when the dispute relating to wage structure/salary revision remained in the Court since 1997 till 07-03-2002.

• AIRRBEA, having exhausted all avenues of dialogue for extension of Pension Parity to the RRB staff, had no other alternative but to challenge this denial before the judiciary and ultimately challenged before the Hon’ble Karnataka High Court with the issue of Pension Parity along with the demand of Computer Increment and other allowances through the WP no. 20034 of 2003 as it considered that the denial of the above was arbitrary and unjust, and contrary to the Award of the NIT as well as the Law declared by the Hon’ble Karnataka High Court as also the Apex Court, and such action of the Government therefore contravened Article – 14, 16 (1) 39 (D) and 43 of the Constitution of India.

• The Karnataka high Court also took note of the fact that along with large no. of Petitions filed before this court, AKGBEF was one of them who filed a petition seeking declaration that provisions of EPF and MP Ordinance 1995 as illegal and unconstitutional in the WPs No. WP 7907 – 7911 and 7913 of 1996 and connected petitions decided by a DB of this Court on 17-11-1997.

• Ordinance 13/1995 vide Sections 5 & 6A and 6B were substituted dealing with the Employees’ Pension Scheme. The Ordinance was replaced by a Central Act No.25/1996 w.e.f. from 16-11-1995 that was also the Subject matter of challenge in those petitions.

• The Court also noted the negative stand of NABARD vide its Circular no.34/100-04-2003 dated 30-01-2003 on release of Computer Increment and its legality.

• Hon’ble Karnataka High Court considering all the above matters delivered its historic judgment on 22-03-2011 allowing both Pension Parity as well as COMPUTER INCREMENT to the RRB staff in line with those available in Commercial Banks.

 

COMPUTER INCREMENT in Hon’ble Patna High Court: –

 

It may be recalled that before this order of the Hon’ble Karnataka HC, there was clear order of the Hon’ble Patna High Court passed on 18.11.2010 in the matter of WP filed by AIRRBEA unit in Madhya Bihar Gramin Bank – WP no. CWJC 18421/2010. Hon’ble Patna High Court directed that – “ Accordingly, I direct the petitioners to invite the attention of the Secretary, Finance, Department of Economic Affairs (Banking Division), New Delhi, respondent no. 1 towards the aforesaid illegal decision taken by the NABARD dated 30.01.2003, Annexure 14, not to pay Computer Increment to the employees of the RRBs.”

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1. All these facts were taken by the AIRRBEA under leadership of our beloved DADA to all authorities including to the forum of JCC.

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As per decision of the second meeting of the JCC held on 26-05-2010, chaired by the Chairman, NABARD, the matter has been forwarded by NABARD on 08th July, 2010 to the GOI for exemption of RRBs from the purview of the EPF and the MP Act and framing a fresh Pension Scheme on lines of Commercial Banks. (Ref – ATR submitted by NABARD at the 3rd meeting of JCC held on 01-02-2011).

AIRRBEA leadership have put up their memorandum recently to the Hon’ble Prime Minister, Hon’ble Finance Minister, Hon’ble Labour Minister of the new Government at New Delhi, and also to the good number of Hon’ble Members of Parliament elected to the 16th Lok Sabha urging upon them to see that the SLP filed by the Department of Financial Services, Ministry of Finance under instructions of the previous Government may be withdrawn at the earliest to give relief to the retired staff and their families who are under tremendous hardship due to non – availability of pension at par with those available in Banking Industry.

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Very important points to remember on Parity of Pension – Vital Features

1. Hon’ble Supreme Court directed on 12.05.2006 that:-

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“Pension, as is well known, is not a bounty. It is treated to be a deferre salary. It is akin to right of property. It is co-related and has a nexus with the salary payable to the employees as on the date of retirement”.

 

1. Decision of Hon’ble Supreme Court (Civil Appeal No. 2218 of 1999 with C.A. No. 2219 of 1999 and T.P. (Civil) No. 403 of 1999 D/-31.01.2001)

 

On capacity to pay in case of RRB

 

“The financial condition of the Regional Rural Banks is not a relevant consideration for the Central Govt. in determining the pay structure of the employees of the Regional Rural banks. Under the Regional Rural Banks Act while  conferring power upon the Central Govt. to determine the pay structure of the employees of the Regional Rural Banks, there has been no whisper that the financial condition of the bank or capacity of the employer to pay, would be a germane consideration. Moreover the question whether the financial viability would be the sole criterion in deciding the wage structure of the RRB employees was considered by the National Industrial Tribunal and the conclusion of the Tribunal has become final, the award in question  not having been assailed and on the other hand having been implemented. In the aforesaid premises, it is a futile attempt on the part of the employer as well as the Union of India to reagitate the dispute, which has already been resolved and has been given effect to”.

 

1. Joint consultative Council for Regional Rural Banks

 

“At the instance of GOI, NABARD submitted a concept paper on JCC on 8th Aug, 2008 to GOI. Finally GOI, in terms of their letter F. No. 2/1/2008-09 – RRB dt. 5th February, 2009 advised NABARD to set up a Joint Consultative Council (JCC) for RRBs comprising representatives from NABARD, Sponsor Banks (2), and State Govt. representatives (2) who will have discussions with the National Level Unions/ Associations in RRBs.

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1. The action taken report on the decisions taken in second meeting of JCC held on 26th May, 2011 is indicated below.

 

Sl. No.-Decisions of Second Meeting-Action taken

3-Exemption of RRBs from Employees PF and Misc. Provision Act, 1952 and framing a fresh pension scheme on lines of Commercial Banks-Matters referred to G.O.I vide our letter No. 615 dt. 8th July, 2010

 

1. The proceedings is given below, recorded in the meeting convened by GOI with Sponsor Banks at Delhi on 19-04-2011: –

“So far as grant of pension to employees of RRBs at par with Nationalized Banks is concerned, it was informed to the Sponsor Banks that in order to take a view in the matter, an Actuary was appointed by NABARD to calculate financial implication. Actuary has submitted its report. The matter is being examined in consultation with Ministry of Labour. The banks were also informed that the cost of pension scheme will have to be shared by the stakeholders of the RRBs i.e. Central Govt. (50%) Sponsor Bank (35%) and State Govt. (15%). The banks were of the view that in case of Nationalized Banks the employees has contributed to the pension fund; therefore the employees of RRBs should also contribute”.

 

1. Judgment of Hon’ble Karnataka High Court followed by similar Judgment by Hon’ble Rajasthan High Court on 22nd day of March 2011 Before Writ Petition No. 20034 of 2003(S-RES)

“ It cannot be said that the endeavor undertaken by the National Industrial tribunal and the opinions expresses by the Supreme Court was to be restricted to bringing about parity in the pay, allowances and other benefits of the employees of RRBs on par with the employees of the Sponsor Banks. It necessarily would include pensioners’ benefit as well” ………… “It would be necessary for this court to direct the Central Govt. to pass appropriate orders in order to set right the anomaly pertaining to the retirement benefits, availed by the RRBs vis-à-vis the employees of the Sponsor Banks. It would certainly be justified if the RRBs are exempted from the provision of the Employees Provident Fund Act, 1952 to bring about parity in pension and other benefits. The effort of the National Industrial Tribunal and the repeated directions of the apex court would not be completely implemented unless this is also carried out”.

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1. Recommendation of Dr. Chakrabarty Committee duly approved by GOI in 2011

 

“The Committee also noted that a review of the existing PF/Pension Scheme is being done. As per advice of the GOI, NABARD has appointed an Actuary for assessing the requirement and financial gap, if any. The assessment is underway and hence, the committee has not made any assessment in this regard. The gratuity amounts may also undergo a change in future.”

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The message of this Committee is loud and clear that not only the arrear of wages due to revised salary structure, but also the amount of superannuation benefits will have to be considered while assessing the capital support for attaining the desired level of CRAR by the stipulated period. This committee could not assess the load due to parity of pension since the actuary at that point of time could not submit their figures for pension liability.

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The whole gamut of the Legal Battle/struggles in the RRB sector under the aegis/ banner of the AIRRBEA, stretched over the last more than three decades and a half since 1980, can hardly be picturised in few pages and it will be much voluminous if details are recorded at a place with versions of the orders/documents/names etc.

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The Pension Parity case in the Supreme Court was last heard on 26-11-2014 and an interim order was passed. GOI was directed to negotiate and come to a settlement. But GOI did not do what the Hon’ble Court directed, details of which have been circulated. A fresh affidavit has been filed by the GOI before the Court. We expect that the Court will finally dispose of as soon as the matter is listed for hearing in very near future.

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It is noteworthy that Com D K Mukherjee, our beloved leader with towering personality in RRB employees TU movement, passed away on 31.03.2013. His absence has thrown challenge on the rest of the leadership. We are trying our best to live to his expectation in the path he showed to us and he wanted us to lead. Let us be serious enough to take our beloved organisation to the desired objective.