Saturday, July 24, 2010

IBA is trapped its own net

It is a great pleasure that Canara bank has at least and at last realized that they have committed contempt of court by recovering 2.8 times of November 2007 salary inspite of stay granted by Madras High court. It is astonishing that other banks are still silent spectator of what is happening in various courts and without any shame or hesitation filing one after other submission in courts justifying the unjustified, discriminatory, divisive and condemnable clauses of 9th Bipartite settlement which completely goes against the interest of PF optees, retired or serving or resigned ..

I take this opportunity to sincerely condemn union leaders who were shamelessly busy in recovery of levy from their members despite the fact that their major portion of arrear was looted by the makers of the said agreement. I once again condemn those union leaders who filed counter affidavit in Madras High court even after mass protest against the said agreement and focused entire energy in making money from their own members and who feel no shame in extending a Farewell gift of five lac rupees to one of union leaders who retired from one of PSU banks in the last month from the fund of union. I condemn union leaders who are growing richer and richer at the cost of hard working members.

That is why I like to say that the most painful and disgraceful story is that of union leaders. It is very much disheartening that union leaders who are meant to fight for the welfare and benefits of employees in general are working against bank employees in nexus with top officials of bank management . A few union leaders sold their moral values in the hands of management and hijacked the unity integrity and militancy of bank employees. These so called protectors have become rather damagers, Munsi Prem Chand ji told " Jab Rakchak hi Bhakchak ban jaye to vinash nishchit hai".

Union leaders have damaged us to a great extent and it is their mischievous role that management succeeded in cheating a section of employees. There are many such leaders in banking industry who are earning money even in posting, transfers and in promotion by working in collusion with members of Interview panel. Bank employees have to exert their all efforts to weed out such mischievous leaders and select a really good team of devoted workers. Court cases are practically not possible by any individual when there is unjustified rejection in promotion process or undignified posting or transfer violating even existing transfer policy. But in te present case of whimsical decision in Bipartite Settlement tere aare almost three lac victims of discriminatory attitude of the management. Hence the battle may be long drawn and bitterness may also slowly grow widening the gap between the Pension optees and PF optees.

No doubt pension is a social security measure and bank employees fought a long battle for getting another option of pension and ultimately we got it. But none of employees ever thought or ever imagined that they will have to pay 1800 crores of rupees to purchase this option.

Anyway I once again salute canara bank employees who initiated the legal battle boldly in Madras, other forums formed to fight against the illegal clause of the said agreement and all employees who directly or indirectly supported the battle against injustice and organizers of various website who made the employees aware and polarized opinion of various stalwarts to make the matter more crystal clear. I hope wisdom and good sense will prevail upon other bank management also and they will also take initiative immediately to refund the recovered money.

When a branch head in a bank commits mistake he is punished. An officer in general my be punished even by giving him promotion or by upgrading him if he or she is not flatterer of his or her boss. I am unable to say what will be the suitable punishment for such CEOs, CMDs and GMs who willfully commits such horrendous mistake and who signed on the said agreement which tarnished the image of bankers. Let the punishment be decided by respected courts..

Friday, July 9, 2010

Parliament , IBA and Bipartite Settlement

IBA in its affidavit has stressed on the point that the trade union representing 95% of bank employees signed the agreement and hence Canara Bank petition filed by a union representing only 244 members should be ignored is not acceptable to any one who believes in justice.

Suppose if majority union decides that female employees will be given three increments less than male employees though they male and female perform same duty in the bank. , Can such unconstitutional agreement be treated as valid only because the same has been signed by a union representing majority of members?

Are we living in a jungle of sheep?

Another point is that the disputed agreement was signed by leaders of majority union. If leaders become victim of management, if leaders become hostile to members due to self interest, if leader’s intention become malicious there is all possibility of betrayal such as anti-member decision, divisive wage agreement, discriminatory treatment to divide them, sacrificing the interest of members to serve self interest etc. There is country wide protest and several writs have been filed in various courts of the country against the disputed clause which shows that the said agreement signed by leaders of majority union is not liked by majority of members. When leaders found that member can now resign or revolt against the union, they thought it better to release the arrear in hurry and recover the contribution from PF optees so that intensity of revolt is diluted. Further pension optees who are getting better treatment and who are getting full arrear will not support PF optees. This is called “Divide and Rule” policy. Leaders further took support of management in making recovery of Levy directly from arrear or pay slip to avoid the risk of member not paying levy in anger. All these fact reveal that union leaders realize from the core of their heart that they members are not happy with them.

When late Indira Gandhi, exPrime Minister of India lost her temper, she lost her conscience, she put all her opponents in jail, imposed emergency and without any fear of legal consequences or political reaction she misused the majority of her party in the Parliament to change the basic structure of the constitution. Similarly IBA has divided the bank employees in two segments, one pension optee and another PF optee and there is no doubt that bank management will use this division for imposing illegal recovery on PF optees. To add fuel to fire, IBA has created division even among various union leaders. This is why powerful protest against illegal recovery is not visible and management is taking advantage of this division and submitting illogical plea in the court to defend the discriminatory clause of the Bipartite Settlement. Those employees who are raising voices against misrule of IBA and union leaders are facing threatening of transfer or rejection in promotion process or posting at critical place or transfer from east to west or from north to south. Obviously reign on injustice will continue unabated until courts impose some punitive action against erring officials and leaders.

One more point raised by IBA in their affidavit filed in Madras High Court is that the second option of pension is not mandatory and employee at his will to opt or not to opt for pension. Days are not far when bank will curtail salary of all employees by 50% and give option to employee to continue in service or leave the job. In the initial offer for pension bank did not put any condition and hence there is no logic to put condition of recovery in the present offer of pension.

Union leaders have got no right to damage career of any individual or cause financial loss to any single person, not to speak of 3 lacs employees PF optees. When PF optees have also contributed in pension fund along with pension optees in the past during 7th and 8th Bipartite Settlement, there is no question of making recovery this time only from PF optees only to bridge the gap of 1800 crores. It is worthwhile to mention here that bank management has saved interest to the tune of 1800 crores by merely delaying the settlement for 30 months. Further bank will earn interest on money recovered from PF optees (total of 1800 crores from PF optees) till the court finally stops such illegitimate deduction.

Further when these union leaders called for strike or agitational programme, the same was put in action by all the employees including PF optees and not by PF or pension optees alone. Never in the past, had these union leaders ever told that second option for PF optees will be purchased by paying three months salary to pension fund. Had it been so there was no need to wait for 15 to 17 years, it could have been easily offered by PBA in 1995 itself.

When union leaders and IBA both had unanimous view of 1.6 times recovery and they have expressed the same in their separate affidavits, what happened during last two three days that both parties changed their view and agreed for recovery from only PF optees. Such discriminatory agreement pass the test of existing laws and the provision of constitutionally granted fundamental right called as Equality before law.

Already bank management has been violating spirit of transfer policy and promotion policy just to please union leaders and to conceal the misdeeds of corrupt executives. Management even does not hesitate to compromise lending policy or ethics behind waiver or comprise settlement with willful defaulters.

80% of officers belonging to the state of Jharkhand, Bihar,Orrisa and a few other states are posted outside their parent state and transferred whimsically frequently whereas those of the state of Maharashtra, Tamilnadu and West Bengal are seldom transferred outside their state for three decades and more. In the name of exigencies of work officers are transferred from one corner to other in clear cut violation of transfer policy. Similarly in the name of interview in promotion processes, higher management in nexus with union leaders promote or reject officers as per their sweet will and thus perpetuating arbitrary rule and reign of injustice.

Now they have jointly committed fraud with PF optees, they have cheated PF optees, they have extended biased benefits to scale four officers at the cost of junior level officers, they have caused loss to senior officers by stagnating them and depriving them of annual increments and what not.......

How long such cruelty will be tolerated is a million dollar question?

How long top executives and CEOs forming IBA will kill their own conscience and commit unethical acts and work against all moral values.

I ask IBA team leaders and veteran trade union leaders to peep into their own mind and heart, try to affirm and reaffirm whether core of their heart permits such divisive and discriminatory agreement. If their heart and soul, their conscience do not allow discrimination , they should at least now rectify their error . It is never too late.

Saturday, July 3, 2010

Justice delayed is justice denied

Government framed policy for posting of bank employees in Villages as also for posting in North Eastern States to promote rural banking and to help development work in rural areas and North Eastern states is more often than not misused. Whenever self interest of an executive is not served by an officer he issue transfer order for him for either remote villages or for critical branches located in North East States Obviously management of banks have always misused this excellent policy to discard non-flatterers and to torture those employees who do not indulge in corrupt practices and who do not implements bad orders of the executives.
RBI or any investigating agency on honest inquiry will find that some officers have been working in villages for two or three decades whereas flatterers of the top officials of the management have been allowed to work in Metros for decades together. When an officer do not provide gifts to General Manager, he is posted in North Eastern States on the plea of Non Performance whereas those who commit fraud or indulge in irregular credits but always provide golden gifts to GMs, DGMs, AGMs in the name of some function either of inauguration or customer’s meeting are allowed to remain in big towns.
Some officers are simply creating bad advances and some others are constrained to recover the bad advances merely to save the corrupt officers from punishment. This is why loans or advances become Sub Standard in one or two years of its disbursement. It is also a bitter fact that such bad advances are concealed by gifting Auditors and inspectors and treated as good advances till the sanctioning officer wither is promoted or get safe exit from the bank. Honest workers are made scapegoat for the misdeeds of big executives.. It is undeniably truth that excellent results exhibited through annual balance sheets are due to devoted work of good performers and it is they who are salvaging banks from the misdeeds of bad officers. As such shining balance sheet of a bank should not give conclusion that the results shown are hard work of top officials sitting in AC rooms but that of field workers who are head of a branch and who is doing hard worker even under acute manpower shortage. In banks manpower is adequately provided only to flatterers even if he has caused banks crores of rupees. Until RBI or CBI catch hold of corrupt executives and punish the evil performers and at the same time award those officers who have been whimsically kept away from promotions and unless good officers are given respectable posting and promotions one cannot imagine of any rise in intrinsic value of any bank
On the contrary PSU banks are facing erosion in intrinsic value due to dirty implementation of apparently good HRD policies. In the name of Interview any employee can be deprived of and denied of promotion. Power makes executive corrupt if the decisions made by them are not transparent and subject to review. Root cause of persistence and promotion of such corrupt officers is due to the bitter fact that even courts fail to provide justice in decades together and this is why management bosses indulge in whimsical promotions, arbitrary transfers and postings.
I request bank officers to send their personal experience and story of corrupt officers to me at dkjain49709@rediffmail.com so that such illustration may be incorporated in PIL to be filed in the court. These information will be helpful in seeking information from bank under Right to Information Act to expose the true colour of officers who have been holding top posts in the bank and who have been getting continuous shelter from Banking division, RBI and Ministry of Finance. The aggrieved officer may also send the real story about them, how they have been cheated by their bosses, how they have been denied promotion and how they have been given always critical posting. After all how long you will bear with injustice in fear of repercussion from higher authorities. One has to come out of imaginary fear and expose the true picture of bad officers. How long meritorious and talented officer will face humiliation and posting against their dignity.
I will come with name of AGM,DGM ,GM,CM and BM and tell the officer community and Government of India how reign of injustice prevails in the banking industry. I need your cooperation in making a strong case against some of CMDs who are recognized as star performers but under the shelter of such CMDs ,their left and right hand officers who themselves are facing CBI charge sheets are exploiting power for self interest.

Monday, June 28, 2010

Bank officer's association

Bank officers Association are getting monthly subscription of Rs.100 to Rs.200 from each member every month. In addition they will get levy of Rs.3000/ from each member in lieu of bipartite settlement signed on 27th April 2010. Members are happy or not, that is immaterial.

I think total accumulated fund of Officers Association in various banks will grow to hundreds of crores of rupees. This fund is not only enough to meet the usual traveling and staying expenses incurred by union leaders for various issues but also more than enough to meet even entire salaries of all union leaders.

As a matter of fact union leaders are more often than not, busy in union matters and hence they hardly do any work for the branch or office they are posted. It is pity that even officer community in general is not happy with their performance as union leaders. On the contrary their actual energy is lost in saving bad officers and seldom used for any gain for honest workers or for any relief to those honest officers who have been arbitrarily posted in critical areas or rejected in promotion processes due to ill motive of executives. They have failed in giving relief to officers who have been made scapegoat for fraud and irregular credit committed by corrupt officers.

In such position I am of the opinion that these union leaders should be removed from muster roll of the bank and bank should stop paying salary to these leaders. Instead such leaders should be professionally trained to serve the interest of officers who are associated with the union and they should be paid by their parent Union itself. In this way bank will save crores of rupees which are paid as salaries and perquisites to these non performing officers. Bank can use this saved money in creation of new jobs for hundreds and thousands of young unemployed persons. Besides, removing from bank’s duty, union leaders will have full time to think about their members. Since these leaders do only union activities, it will be right from all angle of consideration that their salary should be paid by union fund only.

In case officers do not agree to this proposal or they apprehend that their interest by outsiders will be jeopardized ,they should solemnly declare and take oath that they would not nominate any retired officer as their union leader in future and make best efforts to replace retired officers serving as union leaders with officers who are in service. Because leaders who are no more in service cannot fight seriously and devotedly for better interest of serving employees, rather they look into avenues to cheat serving employees and give maximum benefit to those who have either retired or resigned or removed from the bank. Latest settlement is the ideal example for such sorry state of affairs prevailing in Bank and pitiable position of officers compared to other employees working in Central Government offices or PSUs.

In addition to this they should be made accountable and punishable for any lapse on union activities and their performance should be judged by a group of hundred officers who are actively working in the bank. Expenses incurred by union leaders should be fully scrutinized by a team of at least ten Chartered Accountants and the certified balance sheet of union fund should be circulated among all members. Officer should also appoint some legal experts in each district or at least in state capitals to stop injustice perpetuated by bank management only because they know judicial proceedings in India is too costly and too much cumbersome and time consuming that one is constrained to bear with injustice.

Leaders will then learn a lesson, understand the importance of their role and at least not repeat the history of committing blunder of signing a agreement of wage revision which has instead of solving problems of their poorly paid members has created so many anomalies and tried its best to divide officers community by accepting various discriminatory rules like recovery from PF optees (leaving pension optees), causing loss to VRS optees, resignees, family pension takers, fitment of officers at the state of Rs23520 in scale III and that in scale IV at the same stage and so on. Not only this, many clerks will get better arrear due to this latest settlement compared to officers in junior or middle management. There is no Stagnation in any increment of Central Government employees in ay cadre as per latest Pay Commission Report, but it continues to deprive senior office of annual increment for none of their fault.

If we talk of other issues, it is worthwhile to mention here that management in collusion with violating even their transfer policies, misusing policy meant for rural posting framed by Government of India, misusing policy for posting in North East region, giving promotion to corrupt and flatter officers taking advantage of Interview marks (which an interviewer can give whimsically to make or mar the career of an officer of his choice) Union leaders is silent spectator of torturous treatment given to good officers who are real performers but who do not have time to flatter executives and provide costly gifts to their bosses.

There are thousands of officers who have been continuously working in villages, officers in Non Metros are transferred frequently form one region to other, one state to other and even one zone to other whereas officers posted in Metros are seldom transferred out of their parent state. There is a policy that upto scale III officers will not be transferred out of region but this policy is violated frequently and union leaders remain silent spectators.

There is a policy that an officer cannot work in a region for ten years continuously, management allows many to continue or adjust them back in the same place after giving a formal break of one month outside the state. Is this not enough to prove that there is reign of injustice under the umbrella of union leaders?

Banks are performing better and better despite man power constraints but the real fruits of this growth are hardly shared with junior officers who work hard day and night for the growth.

Reign of injustice prevailing in banking industry at all levels is due to the fact that union leaders are working in nexus with senior officers managing the affairs of the bank. Union leaders are more or less second side of the same coin which is known as that of management. Union leaders and higher executives in bank management are jointly looting the banking industry (there may be some exceptions)and hence they support each other's misdeeds. They jointly harass and humiliate an officer who opposes irregularities and ill works of bosses.

Munsi Prem Chand told, “Jab rakchak hi bhakchak ban jaye to nash nishchit hai” i.e. when protectors become damagers, destruction is unavoidable. And the perpetuation of reign of injustice is possible only because our legal system is not that much effective and quick as it should be. There is no fear in the mind of evil doers who are sitting at the helm of affairs. They do not fear police, they do not fear court cases because they know very well that they, by dint of money power can manage judges, and they can manage advocates and politicians. They know very well that that court will not be able to deliver justice even in two or three decades. This is why whimsical posting, transfers and promotion are taking place in banking industry without any sign of protest from so called union leaders. This is why IBA got success in committing day light robbery of bank employees Entire team of union leaders were silent spectators when Draupdi (bank employees) was facing chirharan in the hands of Kaurav team lead by Duryodhan( IBA I,e, Management)

As such, we have to first ascertain who are our well wisher and who are stabbing us in the back, who are our friends and who are black sheep. We have to distinguish between flatterer and real worker, we have to give respect to those who are working sincerely for us and we should have courage to condemn those who are beating us from the back. Who will save our life, our career, our pay scale, our status and dignity in the community of workers when our union leaders also talk of management's language, when they threaten of harsh action, when they are also trying to vacate the stay granted by Madras High court on recovery from PF optees?

Danendra Jain

Tuesday, June 8, 2010

Delay in Justice means award to criminals

Rich and influential people delay the proceeding of court as much as possible to avoid decision and eliminate witnesses so that the case may become weak and ineffective. CBI more often than not weaken the presentation of the case when they get enough gifts in either cash or in kinds from the culprit or they get enough pressure from heavy weights ruling the country. In all big cases of political scam or administrative corruption or any scandal two and three decades are wasted in judicial proceedings in a very easy way and in a very casual and normal way. Indian courts usually deliver justice after two three decades. As such Bhopal gas judgment does not appear that much astonishing in India.

No doubt foreigners laugh at Indian style of functioning inall sphere of life. We have seen the fate of Chara scam involving Lalu Ex CM of Bihar , Bofors case involving Rajiv Gandhi, Stamp scandal to the tune of Rs. 35000 crores involving not only Telgi but also many politicians and administrative people, , Sikh riot cases are going on since 1984 and many more similar big cases involving VIPs of the country . suc cases are either languishing in courts for last two and three decades or were actual culprits are acquitted or lightly punished.

Even Law minister shamelessly accepts that the justice is not only delayed but buried. Judgment on Bhopal Gas mishap has made it more crystal clear that any Indian cannot expect justice from Indian court until he has money and muscle power to build pressure on advocates and judges and it is they who have the capacity to mould the decision in their favour and in such heinous task they get full fledged support from politicians, ministers and administrative bosses. Entire talks of judicial reforms going on in political arena for last tho three decades are nothing but Bakwas and it is politicians who are fully responsible for making mockery of Indian democracy as well as judiciary.

It will not be untrue to say about Indian judicial system, that culprits become very happy when a case is lodged against them in any court. Police may be managed with some difficulty and after heavy payments but courts or even CBI people can be managed and judgments can be manipulated in collusion with advocates or heavy weights comparatively easily and more comfortably. Not only this even ruling political party get rid of public protests and hotshots from angry members of opposition parties once they sanction CBI inquiry or lodge FIR in Thana and lodge case in Indian court against any big criminal act or terror act.
Danendra Jain
9th June 2010

Sunday, May 30, 2010

Drama of sibu soren ends in Jharkhand

Politics of Sibu Soren (and his team members), the unfortunate Chief Minister of Unfortunate state Jharkhand has always been to remain in power somehow or the other. He has contributed nothing for tribals in fact. He has done nothing for the state whenever he was in power at state level or at central level .He and his gang men always made efforts to accumulate wealth by extorting money from businessmen, demanding money by vehicles owner passing on the road, or forcefully collecting money from people in service using musclemen of his party. Not only Sibu Soren , even other Chief Ministers and ministers who headed Jharkhand before him and other so called leaders of tribal people of Jharkhand have simply misused tribal sentiments for personal gains. Leaders of Jharkhand mostly indulged in caste politics and almost ignored welfare steps desired to be taken by them as promised by them during election rallies and in their election manifestos.

Otherwise a rich state like Jharkhand after its separation of undivided Bihar could have remained far better than divided Bihar. People in Jharkhand could never imagine that the state of Bihar will attain the prosperity in such a short span of time and leave Jharkhand far behind in the race of development, welfare of local poor residents and improvement of standard of living of people always categorized as the most backward in the country.

I say the people of Jharkhand are unfortunate that despite all mineral resources and lacs of talented people available in the state, people of Jharkhand state are constrained to go to other states for education and also for earning their livelihood. It is unfortunate that even in farming, the state is far behind than the neighboring state Bihar. Nitish Kumar, the Chief Minister of Bihar in particular has turned the image of Bihar and he is proud to get second rank in the matter of development .Nitish Kumar has become an icon to reckon with at national level. On the contrary Jharkhand have been ruined by Chief Minster like Madhu Koda or Sibu Soren. But Personal property of all ministers have grown in hundreds of crores of rupees.

The main reason behind continued backwardness of the state and increasing poverty in the state is large scale corruption prevailing in the system. Unfortunately almost all leaders who ruled the state after its birth looted the state fund to the maximum extent possible. Administrative officers either supported ministers in perpetuating corruption or remained silent spectator in fear of repercussion in their career as also in their personal life. In a state where flattery and bribe are the main criteria for promotion in career in service or position up gradation in politics or for getting success in any business, one cannot even dream of actual development. More or less the same situation prevails all where in the country, but the position of Jharkhand state tops the list of states in this aspect. Central government is also silent spectator of all these mishappenings only to gain political advantage out of mess created by corrupt leaders of local parties and to keep Bhartiya Janta Party away from power. Ultimately people of the state have remained the sufferer and victim of misrule.
Danendra Jain
31st May 2010

Saturday, March 27, 2010

The Great Abhitabh Bachhan

Congress party is a party of flatterers and hence even UPA ( ruling party) headed by Congress party is dominated by those who flatterer the high command and follow her by hook or by crook, even if it is needed to humiliate the person of high repute such as Abhitabh Bachhan. They want Shahrukh Khan, Salman Khan, and Amir Khan to popularize Congress party candidates and enhance their winability in election. Congress Party leaders do not believe in doing work for the area where people voted them to power.

Traditionally it is observed that none in Congress party could ever dare of going against High command in congress Party. This is why Chief Minister of Maharashtra thought it better and beneficial to humiliate even International fame icon Abhitabh Bachhan just to please Sonia. Leaders of Congress party do not hesitate in speaking white lie just to obey the order of high command, right or wrong it may be. Survival of congress party itself depends not on its performance but its opposition to BJP and favour to those who support Muslim line. Abhitabh on the other hand accepted offer of Gujarat CM to become brand ambassador of Tourism in the state of Gujarat. It is not digestible for Congress High Command.

In congress party, none is really interested for image of the country. They therefore do not hesitate to give Bharat Ratna award to disputed figure, Padam Bibhusan award to film hero of lesser fame and lesser popularity etc. Even promotions and posting of IAS and IPS officers, judges, Chairman of various departments and PSUs depends on their degree of flattery to ministers and high command, ant not at all on their merit , talent or performance in their area of operation.

Our country in brief is a country of yes-men and flatterers, not performers.

Even president of India do not have courage to move or even speak against High Command. Even letters written to field level juniors to top level President of India are formally accepted and thrown in dustbin if the contents of the same go against the desire of High Command. Even media people worship those who are in power. Therefore it is not unjustified to say that India is a country of yes-men and flatterers.
danendra jain
ganaraj choumuhani
agartala
28.03.2010