AIRRBEA Circular No. 44/26-04-18
A dream comes true, the battle for justice triumphs and the long cherished desire of entire RRB fraternity realised. The loan journey started by AIRRBEA in Karnataka High Court in the year 2003 culminated in to a final victory in the Apex Court, exactly in the way we have claimed. The history is repeated with one more remarkable legal victory in the month of April, on the lines of NIT Award on 30.4.1990.
We extend our revolutionary greetings to the RRB Officers & Employees, both Retired and Serving for their rock like unity in the struggles in the field and also under the legal platform at this moment of landmark achievement of Parity of Pension. We place our gratitude to the Central Trade Unions, Bank Employees fraternity, public representatives and all concerned for their support and solidarity all through testing times.
On 25.04.2018 the Hon’ble Supreme Court bench comprising of Justice Joseph Kurien and Justice Mohan Santanugoudar in Court hall No. 05 dismissed the SLP No. 39288/2012 filed by the GOI (denying the Pension Parity) and passed order directing GOI to implement the Pension Scheme in all RRBs uniformly as available in NCBs out of BP settlement dated 29.10.1993, in line with the direction of the judgment dated 22.03.2011 of the Karnataka High Court. GOI is represented by the learned ASG Shri Sandeep Shetty and the AIRRBEA represented by Sr. Advocate Shri Vivek Tankha and another Sr. Advocate Shri Chander Uday Singh assisted by AOR Shri K T Anantraman and Shri C K Sasi and the beon hearing both sides elaborately,
3. We recapitulate the history of struggles of the AIRRBEA under visionary leadership of our beloved Com. Dilip Kumar Mukherjee and the team led by him. We fondly recall the days of proceedings before the Hon’ble Supreme Court and its judgment dated 1st September 1987, proceedings before the NIT (Justice S Obul Reddy), role of our advocate before the NIT late K G Kannabiran, role of our leaders across the country some of whom worked within the Tribunal and the historic Award dated 30.04.1990 which became a milestone in the struggle for the parity.
4. We cannot forget the days of injustice by the successive Governments at the Center, denial of Bipartite Settlements (6th and 7th), efforts to delink the wage structure of RRB Staff from Banking Industry through Mahalik Committee, our fight against all these offensives, above all the cruel offensive of denial of Pension Parity leading to not only starvation of retired RRB staff but also pushing good number of them to death due to non-availability of Medical care and inability to meet other needs.
5. AIRRBEA since inception has been in the forefront to protect and defend the rights of RRB staff in all respects and it will not be exaggeration to state that all its members and even some followers of other Unions had enormous sacrifices not only through deduction of salary for Strikes / Dharnas etc, but also faced bravely attacks like suspensions / Charge sheets / terminations from service etc.
6. Recently we have seen our brave comrades including new comers and the retirees too, involving themselves in fierce struggles leading to 3 Day’s Strike observed in RRB sector on 26, 27,28 March 2018. We salute them all and thank Fraternal Trade Unions, Mass Organization, Media, both print and electronic who have supported our struggles for justice.
7. Comrades, Court verdict is not the final stage as experienced in the past, but no doubt we have crossed the main hurdle towards achieving the Parity. Some other issues are still pending and AIRRBEA is very much alive to get implemented the settlement through further agitation, if required.
AIRRBEA CENTRAL COMMITTEE MEETING:
We have decided to convene an emergency CC meeting of AIRRBEA at Bengaluru on 13.05.2018, to review the latest development and future course to get implementation of the Apex Court orders. The CC is going to celebrate this historic moment by recalling the historic judgment of the Karnataka High Court dated 22.03.2011 on WP. No. 20034 / 2003 (S-RES) filed by the AIRRBEA through its Karnataka State Federation (AKGBEF). The Supreme Court on 25.04.2018 during proceedings repeatedly made specific mention of Karnataka High Court judgment and it has become the base for arriving at directions to dismiss the SLP of Government. So we have decided to celebrate the historic occasion at Bengaluru in the State of Karnataka. Venue and other details will be shortly communicated.
9. Our Units/ State Federation are requested to highlight the facts and the history of struggles before the workforce / our members including those who have been confused by some forces about the rights of Pension Parity through various spurious documents, false propaganda and otherwise including through submission of anti-employee affidavit before the Supreme Court (IA No. 9/2012 of AIRRBOF supporting all preconditions imposed by GOI/ Pension Committee).
11. We are planning to postpone proposed further agitation of the UFRRBU for the present, and it will be reviewed in due course.
12. Let us celebrate the occasion with all respectful homage to our great leader DADA MUKHERJEE, till we go into the details for quick implementation of the Pension Parity at the earliest.
S Venkateswar Reddy
Abdul Sayeed Khan
Shiv Karan Dwivedi