Friday, January 29, 2016
Tuesday, January 19, 2016
There were lot of queries from members about the position of our case at Madurai.
we were only waiting for something to improve and it takes longer duration to get some action done in any of theHigh Courts in India. The worst affected by the increasing vacancies of the Judges and non appointment of the same is Chennai High Court. Out of aroung 70 judges only around 32 are there and out of these judges 8 judges are going to Madurai bench on rotation. Hence threre is much of a delay in disposing cases. The courts are concentrating only on admissions. And to bring cases before courts for trial is nil in numbers. Even writs for impleading are not taken by the Courts
We are trying our maximum to get our case listed but even when listed it is not heard by judges since admission cases are more in numbers and by that time they finish admissions there is no time for trial cases.
While the above is the position in courts we are unable to get our work done and maximum patience and constant followup is necessary for moving our cases.
Let me come to the present status of our cases in Madurai.
The first case is for 5 years notional credit and the second one is for pension updation and that is before Division Bench .In the first one, for 5 years notional credit, since in Madras High court the delay is unlimited we decided to take our case to the Madurai Bench of the Madras High court and we filed four petitions by individuals from 4 companies, the reason being the Association has no jurisdiction. We got order from the Court asking the management to consider our demand after personal hearing. As directed by the Court the Management called the four employees and after discussion gave an order in writing that they will not be able to pay the 5 yrs notional credit.
So we went again to the Madurai Court and filed a petition for the four employees and the court gave 4 weeks time to the management to file the counter. In the mean while we wanted to implead in the case so as to get the benefit to all the emplplyees. The impleading petition of the Associtation was admitted on 8th of January 2016.
Now the procedures are fininshed we are expecting the court to give a date for hearing, when we will get some order.
I feel you would have understood the position by now about the 5 yrs ntional credit case at Madurai.
The second one is for the long term benefit of the pensioners and it is pending the Division Bench of the Madurai Court. and it may come for hearing this month. and we are prepating ourselves for the trial.
Friends, for all these thing we had to visit Madurai court for more than 8 times and the expenses are increasing which includes the payment of fees to the Advocates. Now we have reached a stage where we are not able to meet the expenses as our financial position is very weak we are now appealing to all the members to contribute liberally and requesting you to pay the subscription dues immedietely and otherwise we will get struck and may have to leave the fight. Please understand that we have spent much of the money from subscription which is against the provisions of the Act under which we have registerd our Association .
Please do understand and contiribute to your local representatives so that they will collect in total and send us the money.
We will be also touring your places to explain you in detail so that all doubts can be clarified.
Speciaically i will plead with those people who are going to be benefited by the 5 yrs notional credit to contribute more so as to keep the fight in court moving and find a decision.
We are getting quieries about the case on pension for who served less than 20 years and came out on svr option, from our members who are benefited by the decision of the Sup. Court on the cases we fought under the individual names of 6 people.
The position is clearly given downbelow.
We have won the case in Supreme Court in 2014 and the basic case petitioners from Chandigarh got the pension but the members from Chennai who got in to the case as interveners did not get the same because of the stand taken by the management in this issue, to get order from the High court directing them to pay.
In the meanwhile many members wanted the Association to take up the issue and consequent upon taking the issue the management insisted an order in the name of the Association so that they can pay all the affected retirees. Hence we took up that issue in the Madras High court hoping to get an order at the earliest as it is a matter of a days hearing after notice to the Management. But unfortunately the because of the less number of judges in Madras High Court due to the large number of retirements and there was no fresh appointment because of the NJAC decision,
We are moving hell and heaven to get the case listed and every time it is listed it is not reaching the hearing stage. Now that in theHigh court more judges are retiring we are not able to bring the case as we wish. Please wait for some time and it is expected that by March 16 judges will be appointed and we expect the case to come up and we will get the order immedietely.
Friends, please remember the team here in Chennai is fully aware of the difficulties of the reitirees and their anxiety. We are constantly following it up. We will succeed and come back to you at the earliest.
Like wise, we are also trying to get in to the cases of Dev. Officers for their 5 years notional credit and will be able to come back once a concrete step is taken.
Thursday, October 29, 2015
After the meeting with the Management representatives, at chennai, which was attended by all the GM personal of the companies and also representatives from GIPSA and Ministry, the management has given the order not to pay the difference in pension due to the notional credit of 5 years.
As decided earlier by our EC we filed a WP at Madurai praying for an order from the Hon'ble Court directing the management to give the pension after duly adding the 5 years notional credit to all those eligible people.
That WP came up for hearing on 28th and after 15 minutes of explanation by our Counsel the Hon'ble Judge admitted the petition and sent notice to management, returnable within 4 weeks.
We pleaded with the Hon'ble Justice for private serving of the notice and that was also agreed by the Court.
As follow up we have sent notice to all the respondent companies to day.
we have spent lot of money and the present financial situation is very demanding and we have to request all of you to send your subscription dues and any legal fund due through the unit representatives and ease the situation. Before the case come up for final hearing at Madurai in November, we would request all of you to pay the due subscription and legal fund.
The above act of yours will ease our financial difficulty.
Saturday, September 12, 2015
You will all be eagerly waiting for the out come of the meeting held at United India Head Office on the subject matter of payment of 5 years notional credit to SVR optees as per the Supreme Court Order on the TP/7/2011 and upon the individual WPs filed by our members at Madurai Branch of the Madras High Court vide WPnos.6435 - 6437 of 2015.
Our Writ Petitioners from the 4 companies, namely Mr.V.Selvaraj(New India), Rajasekaran(national), Srinivasan(United india), were present at the meeting, which included the authorised representative
of the petitioner from Oriental Sri Anandraj. who is at present at United states.- ie. myself.
The meeting was divided in to two sessions one for the Writ Petitioners and the other for the Authorised Representative. In the first meeting, the management was represented by the General Managers of the companies vide- Sri Nayak for New India, Smt. Heamamalini for United India, and Sri.Mangaleswari for National. The GIPSA was represented by Sri.Govindarajan CEO, and the ministry by Sri. Singhal. Our petitioners were asked to explain their stand and as directed by our Association, they explained and also gave their view about the demand in writing. Then the management took the stand that there is no specific order by the Supreme court to pay the 5 years
notional credit to them and hence they are in no position to consider the demand, also conveyed their inability to proceed further and promised to inform the petitioners in writing about their stand.
The second part of the meeting was held around 12 30 pm with myself and in the presence of the following representatives from the Management side. The team was led by Shri Singhal representing Ministry, Sri Govindarajan CEO for GIPSA, Sri. Chakradar singh DGM for OIC with one more officer whose name i could not get. After usual exchange of greetings with Mr. Singhal, and others, Mr. Singhal explained that they are discussing with me seperately because i am not the petitioner but only an authorised person and it is out of their magnanimity. i told him that it is only as per the Court Order, but thanked him for his gesture. He invited my view points on behalf of the Petitioner Sri. Anandraj.
While presenting my case I quoted the clauses 6,8,15 of the judgment where the Judge has clearly mentioned that we are eligible for the 5 years notional credit, and in clause 27,28, the Hon'ble judge has mentioned that the management has admitted about the payment of 5 years notional credit in their submission before the Court, and in clause 34 Which is the operative part, the Hon'ble Judge has again mentioned that it is an admitted fact that the 5 years notional credit has been given but whereas the fact remains that it is not given. By making these points in my presentation, I substantiated my demand for the 5 years notional credit which was not actually paid.
Mr.Singhal explained his stand that because of Clause 6 c of the SVR Scheme which restricts the payment of 5 years notional credit, and since our Review petition got dismissed with which we mentioned all the above points, and finally in the written submission by the management they
have never admitted about the payemnt of 5 years notional credit payment as stated in the judgment. He was also inviting me to suggest some way, which may enable them to pay the 5 yrs notional credit.
I was so careful and repeatedly insisted that they need not have any extraw points but for the details in the judgment, since any judgment is law and it supersedes all the other laws laid before the judgment. Once the judgment is given on the SVR scheme, the clause 6 c which was quoted in their defence, will loose its effect and they should abide by the judgment. Moreover the main point the judge has taken as reason for the dismissal of the claim for arrears is the additional benefit of payment of 5 years notional credit.
Thus the meeting concluded and when asked about their order, Mr.Singhal has assured that all the petitioners will get their order separately and he will inform the Court accordingly.
Friends, now it is left to us to take our legal recourse to get the benefit. Once the reply comes our association will consult the Advocates and proceed further in the matter. All along we thought that some wisdom will prevail in the minds of the management and will consider our demand. Now it seems that it is of no avail and as were, we will be together and fight to the end.
Our next move will be to go back to Madurai Court and inform them about the negative stand taken by the management and get suitable order and further proceed to Supreme Court, which will be natural end for all these litigation.
Be with us in the fight and together we are the victory is with us.