STATUS OF BOBROA’s LEGAL ISSUES AS OF 01-Oct-2024

1.         UPDATION OF PENSION

SPECIAL CIVIL APPLICATION (WRIT) R/SCA 4258/2019 BOBROA VERSUS BOB AND ORS. BEFORE HON’BLE GUJARAT HIGH COURT, AHMEDABAD.

The case is yet to be listed. Last listing was on 5-May-2021.

The issues raised in this petition are similar to that of the case of Late M. C. Singla which is pending at Supreme Court. Hence we shall await the outcome of the said case at Supreme Court level.

2.         INCLUSION OF SPECIAL ALLOWANCE (W.E.F.1.11.2012) IN THE PENSIONARY BENEFIT IN  VIEW OF JOINT NOTE DATED 25.5.2015

WP(c) 35691/2019 titled as A.V. Jose & 7 Ors. V/s Bank of Baroda & Ors. before Hon’ble Kerala High Court at Ernakulum.

BOBROA had impleaded into the case , which  is pending at the Division Bench. The case is tagged with the erstwhile Corporation Bank case where that Bank had appealed against the order of the Single Judge granting the relief to the pensioners.

IBA had filed a Transfer Petition (Civil)  No. 1394/2023 before the Supreme Court and the Hon’ble Court had allowed the transfer of all pending cases to a single HC vide their order dated 4-july-2023.  The Court had noted that the first case was in Delhi HC and had kept all other cases in abeyance.

LATEST DEVELOPMENT:

IBA have included the petitioners in WP(C) 32386 of 2015 as Respondents in the transfer petition case. However, IBA did not disclosed that  the said case has been already disposed of  and that an Appeal is pending before the Division Bench of HC of Kerala.  Our Advocate has engaged a Senior Lawyer to present the matter before the Supreme Court.

On 12-Sep-2024, the Hon’ble SC had granted 4 weeks time for filing counter affidavits as a final time and directed that the matter be placed before the court thereafter. The next date is 15-10-2024 (Computer generated)

In view of the Transfer order by Supreme Court, the Appeal case in Kerala High Court is pending for further dates.

3.         ADDITIONAL GRATUITY - FOR THOSE WHO WERE GRANTED ARB.

Writ Petition titled as Bank of Baroda Retired Officers’ Association versus Bank of Baroda stands filed on 6.5.2022 with filing No. F/SCA/15032/2022. Gujarat High Court, Ahmedabad.

The Petition had been filed in the GUJARAT HIGH Court and due to Covid situation the case hasn’t come up for listing.

Bank had filed its response to the Petition and we have given our brief to the advocate to file our rejoinder.

4.         COVERAGE OF BOBEVRS2001 RETIREES UNDER CONTRIBUTORY MEDICAL ASSISTANCE SCHEME. SBCWP (LETTER PETITION) 2711/2004 OM PRAKASH KAYAL V/S BOB IN  RAJASTHAN HIGH COURT, JAIPUR.

The legal team appraised the central leadership that the petitioner had expired and we are not able to contact the legal heirs of the petitioner. Our Jaipur Team had also made attempts recently but not got any results.

5.         SHORT GRATUITY PAYMENT MATTERS – M C Josekutty & Ors. Vs RLC & Ors. WP(C)  31959/2023, Kerala High Court

As decided in Varanasi meeting, details of more claims made by members at various zones were collected and issues raised were collated. Special attention was given to the issues raised in Kerala. It was also decided that BOBROA will file ONE case and support the individuals connected to that case for filing the petitions.

In -7- claims filed by members, the Controlling Authority granted reliefs prayed. Bank filed an appeal before the Appellate Authority at Ernakulam who dismissed the order passed by the Controlling Authority.

A Writ petition was filed by M C Josekutty & Ors before the Kerala High Court which was admitted. Later on, BOBROA has impleaded in the case which has been allowed. The Case is yet to come up for hearing after 11-dec-2023.

6 .        GRATUITY MATTERS WP (C) 30684 OF 2024 – T L DAVIS & ORS VS BOB AT KERALA HIGH  COURT

BOBROA has filed this petition regarding non-payment of Gratuity beyond 30 years by Bank of Baroda in contravention of the Gratuity Rules.  BOBROA is listed as 32^nd petitioner in the case along with 31 members of the Association belonging to Kerala.

The main issues raised in the petition are

1. Payment of Gratuity @ 45 days for every year of service beyond 30 years
2. Addition of Dearness Allowance under BOB(O)SR, 1979
3. To compute the daily salary by dividing the monthly salary by 26 for calculating  Gratuity
4. Seeks direction to the respondent Bank to pay the differential gratuity to petitioners and members of the Organisation

The case had been filed in August 2024 and is awaiting listing.

7.         COMMUTATION RECOVERY MATTERS

It has come to our knowledge that 14 pensioners of BOB approached Punjab & Haryana High Court against the reduction of pension for 15 years after commutation whereas the amount was nullified much earlier. The High Court had granted a Stay on the same and the Bank has complied with the said Stay.

BOBROA took initiative and submitted a representation to the Bank under the banner of the united Forum of BOB Retirees Associations as soon as the first stay was obtained, requesting the Bank to implement the Stay for all pensioners.

Another group of 91 pensioners of BOB jointly filed another petition and the Court has granted similar stay order. However in these cases, Bank hasn’t complied with the order of the Court. We are pursuing the matter with the Bank.

The High Court has categorised the petitions and cases filed by PSB pensioners has been grouped into one. The Court had directed that there would be only ONE reply filed for each category. The Next hearing is fixed for 18-Oct-2024.

AIBPARC, to which we are affiliated had advised that since the list of members would be available only with the constituents, the decision to file petition was left to the constituents.

In the light of the above, BOBROA central Core Committee met to discuss the issue and it was decided that we wait for the hearing on 18-Oct-2024 and take a decision on further course of action in the matter. In the meanwhile preparations be made ready for filing a case, if need be.

Compiled by Central Legal Team

C Malolan

Joint General Secretary

Convenor of Central Legal Team

01-Oct-2024