BOBROA has initiated / to initiate judicial interventions and its status of various issues as on May 2022 are as under :

STATUS OF IMPORTANT LAW MATTERS AND PERTAINING LEGAL ISSUES AS OF MAY 2022

1.   The COVID-19 pandemic driven situation since March, 2020 for the obvious reasons has afflicted the proceedings in various cases undertaken by BOBROA and/or for the strategic reasons being supported in name of the individual member(s) by BOBROA.

2.   Relating to the wage revision on 22.7.2020 the MOU/Minutes were executed between IBA and UFBU the missing out of the vital demand of ‘Updation of Pension’ as well as other issues do not augur well for any positive movement in the matters at the level of IBA & UBFU and hence there has to be continued focus on legal recourse.

3.   In backdrop of above, the present position of important legal matters, is as under:

3.1 UPDATION OF PENSION.

 SPECIAL CIVIL APPLICATION (WRIT) 4258/2019

BOBROA VERSUS BOB AND ORS. BEFORE HON’BLE GUJARAT HIGH COURT, AHMEDABAD

3.1.1   In the above matter after having taken several rounds of adjournments, Bank did file the Reply to our Writ Petition and BOBROA has also filed the Rejoinder to the same on 16.3.2020.

3.1.2   After this date the matter was posted on 1.4.2021 and further proceedings are to take place.

3.1.3   The main issue raised by the Bank is about affordability and non-comparison with RBI Pension Scheme and/or Central Government.

3.1.4   We are geared to deal with these aspects in consultation with Mr. Hriday Buch, Advocate at Ahmedabad to engage professional services of Senior Advocate having standing in service law when the matter matures for final arguments.

3.1.5   In the meanwhile, the Hon’ble Finance Minister had twice stated that the question of Updation of Pension of the Banks’ retirees is under consideration of the Central Government.

3.1.6 Recently in the Supreme Court when the case of Late M. C. Singla     came for hearing, the Petitioners had requested for the adjournment of this case as the claim of the Petitioners is being examined by a Committee constituted by the Indian Banks’ Association on the instructions of the Ministry Finance. Looking to the reasons stated by the Petitioners the Supreme Court has adjourned the case for a period of eight weeks with a liberty to the parties to mention for early hearing, if so required. The matter continues to be under consideration of Hon’ble Supreme Court.

3.2.      NON RELEASE OF PENSIONARY BENEFIT IN RESPECT OF STAGNATION ALLOWANCE TO COLLEAGUES WHO RETIRED DURING THE PERIOD 1.11.2012 TO 30.4.2015 AND IN VIEW OF ACCRUED RIGHT ARE ENTITLED FOR THE SAME W.E.F.1.5.2015 IN TERMS OF JOINT NOTE DATED 25.5.2015.

3.2.1.  In view of IBA (HR & Industrial Relation) Letter No.HR& IRIGMB/2020-21/9518 dated 29.1.2021 addressed to MD & CEO of PSU there is recommendation for resolution of the matter after seeking Board of Directors’ approval.

3.2.2   BOBROA did send letter on 1.2.2021 and also sent subsequent reminders to the Bank

3.2.3   BOBROA did make relentless efforts and further to the Legal Notice given the Writ Petition proposed to be filed with Shri HCL Sharma &BOBROA (for PAN India Coverage) being the petitioners and UOI, IBA and BOB being the respondents was under contemplation.

3.2.4   Subsequently, IBA has issued required clarification to all PSU Banks. BOB has since made the payment of arrears to the eligible retirees and the same has been done.

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

3.3.1.  In the case no. WP(c) 35691/2019 titled as A.V. Jose & 7 Ors. V/s Bank of Baroda &Ors. in which petitioners are members of BOBROA before Hon’ble Kerala High Court at Ernakulum, BOBROA while the matter is being supported by BOBROA from the requisite perspective, for having PAN India coverage, BOBROA did on 6.3.2020 file the application for implead/intervention in the matter. This is yet to be decided. The matter did last come up before the Court on 18.2.2020 and 16.3.2020.

3.3.2.  However, in view of the identical issue having been decided on 28.11.2019 in favor of the retirees in the case WP(c) 32386/2015 titled as Murali Mohnan K.T. v/s Corporation Bank & Ors., the Letters Patent Appeal stands preferred by Corporation Bank in the Division Bench of Hon’ble Ernakulum High Court. We may inform that notwithstanding decision on our impleadment/application, the proceedings in WP (C)35691/2019 are expected to be put on hold, till D B decides the same and reasons are obvious and in consonance with judicial propriety and hierarchy of the courts.

3.3.3.  In the D B Letters Patent Appeal, it is proposed to have RBONC, the federating body of BOBROA to participate in the proceedings as “Intervener”. In this context with the active assistance of Mr. A. V. Jose, Mr. M. C Jose and Mr. KPM Menon at Ernakulum, the requisite steps are proposed to be taken. This initiative, if allowed by the Hon’ble Kerala High Court, may give foothold in presenting well-orchestrated and articulated arguments before this Hon’ble Court.

3.3.4   The expenses for the above have been borne by BOBROA.

3.4.      SHORT GRATUITY PAYMENT MATTERS

3.4.1. We had been consistently sharing with the members that the matter is having quite vast amplitude-amount as well as coverage and final and binding decision on various issues shall have to travel through at least -5- stages starting from concerned ALC, the Controlling Authority, Payment of Gratuity Act, 1972 to Hon’ble Supreme Court of India.

3.4.2.  The information is pouring in about decisions of ALC-[I Authority] and DLC-[II - Appellate Authority] and are at variance in various aspects and disagreement of certain issues and Judgment dated 5.1.2022 rendered by Division Bench of Hon’ble Rajasthan High Court, Principal Bench, Jodhpur in D.B. Special Appeal (Writ) 561/2020 Rajasthan Marudhar Gramin Bank, Jodhpur versus Appellate Authority and others.

3.4.3   Though this decision relates to RRB, however, so far as vital aspect i.e. “Dearness Allowance” to be included while calculating the last drawn “pay” under Regulation 46 of BOBOSR 1979 the same is favorable to the retirees and it has been our stand that in number of cases, the Bank has not calculated the gratuity in terms of Regulation No. 46 and did end up the exercise by calculation under the two:

A.         Payment of Gratuity Act, 1972

B.         Bank of Baroda Gratuity Fund Rules, 1975

3.4.4.  These aspects and issues are yet to traverse through various stages and necessary call shall be taken at appropriate time.

3.6       LEGAL ACTION RELATING TO PAYMENT OF ADDITIONAL GRATUITY NOTWITHSTANDING PAYMENT OF ADDITIONAL RETIREMENT BENEFIT (ARB) TO THE ELIGIBLE RETIREES:

3.6.1 In view of review of the situation to invoke jurisdiction of the Gujarat High Court instead of Hon’ble Delhi High Court, the needful has been done by engaging professional services of Mr. Hriday Buch, Advocate, Hon’ble Gujarat High Court, Ahmedabad and 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.

3.7    CONTEMPT PETITION IN RESPECT OF NON AND INADEQUATE IMPLEMENTATION OF ORDER DATED 13.02.2018 IN CA 5525/2012 PASSED BY HON'BLE SUPREME COURT BY BOB

3.7.1      The Bank did not release the benefit in entirety with relation to the issue of merger of D.A. at 1684 points in respect of 1616 points as envisaged in order dated 13.2.2018 in Civil Appeal No.5525/2012 decided by Hon’ble Supreme Court of India as well as the judgment dated 28.8.2019 in Contempt Petition No.209-311/2019 decided by Hon’ble Supreme Court of India, the Contempt Petition (Civil) was filed by BOBROA in name of Mr. V. Sundaresa Davey with Diary No.2193/2020 on 24.1.2020 through Ms. Pratiksha Sharma, Advocate on Record before Hon’ble Supreme Court.

3.7.2   It is learnt that Mr. Davey unfortunately expired on 17.1.2021 and further proceedings for bringing on record his legal heirs etc. are underway.

3.8.     DISCRIMINATION IN GRATUITY PAYMENT FOR THE RETIREE OFFICERS DURING THE PERIOD 01.07.1993 TO 31.10.1994 IN WHICH THE SALARY WAS PAID AS PER “REVISED” PAY SCALE, THE GRATUITY PAYMENT WAS AS PER “OLD” PAY SCALE.

3.8.1   At present Civil Appeal No. 10890/2018 Bank of Baroda v/s A. M. Sampath is pending before Hon’ble Supreme Court of India in which the Bank has challenged order dated 22.03.2018 passed by Hon’ble Madras High Court favorable to the retiree i.e. Mr. A.M. Sampath whose case did fell above anomaly.

3.8.2   Though the analogous issue the order dated 29.10.2018 in CA  197/2018 titled as Indian Overseas Bank v/s RLC, ALC & Ors. was not favorable yet there is strong legal aspect that for the purpose of “gratuity calculation” a parameter in ignorance of the “past pay drawn” cannot be applied.

3.8.3   In view of the fact that Mr. A.M. Sampath has since expired Ms. Pratiksha Sharma, Advocate on Record, Supreme Court of India with whom the meeting did take place on 23.12.2021 under Chairmanship of Shri K. L. Bansal Sb., National President was advised the process of the possibility to BOBROA getting impleaded / intervened in the matter is to be brought to logical conclusion at the earliest.

3.9 LITIGATION RELATING TO COVERAGE OF SVERS 2001 RETIREES UNDER “CONTRIBUTORY STAFF MEDICAL SCHEME” BROUGHT IN FORCE PER CIRCULAR DATED 09.11.2020- CASE OF SBCWP (LETTER PETITION) 2711/2004 OM PRAKASH KAYAL V/S BOB IN RAJASTHAN HIGH COURT, JAIPUR.

3.9.1   The necessary initiative has been taken to engage the services of Mr. Ankit Sethi, Advocate to pursue with the logical pace, SBCWP (Letter Petition) 2711/2004 Om Prakash Kayal v/s Bank of Baroda in Rajasthan High Court, Jaipur and the modalities were drawn. However, Mr. O. P. Kayal dedicated member unfortunately passed away on 9.5.2022 and hence now the proceedings shall involve substitution by his legal heirs.

4.  ADDITIONAL RTIREMENT BENEFIT

4.1         The Special Leave Application relating to the denial of “Additional Retirement Benefit has been submitted to the Hon’ble High Court of Gujarat at Ahmedabad.

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