Sunday, March 22, 2015

Dear Friends,                                                                                                 DATE: 23-03-15

Thank you all for honoring us with your huge presence in the General Body meeting on 7th of March 2015, at 4 P.M.

The meeting started with a Prayer song by Smt. Saraswathi Murali,

Shri V.Vijayakumar our Vice-president welcomed our Chief Guest Shri. Muthu Kumarasamy.,IAS and also the gathering. Our President Shri. V.Ravishankar,  elaborated in his address about the hard work done by the Association Office bearers and Executive committee members during the past 10 years and expressed his disbelief in the result of the Supreme court Case and he sincerely felt that we should have been rewarded with a success.

Dr.E.Rajgopalan our joint Secretary, introduced our Chief Guest. Shri.Muthukumarasamy IAS and invited him for his address. Our Chief Guest dwelt about the sincerity we should show in our work by spelling out the happening in his career as an official in the State Government and wished us success in our endeavour.

After the Chief Guest’s speech, our Treasurer Shri.M.K.Murali presented the Accounts for the year 2012-2013 and 2013-2014. With the appreciation from all the office bearers and members for his tireless work in maintaining the accounts, with a voice vote it was endorsed in the meeting.

Then Our General Secretary spoke about the complete events during the years that went by and explained the manner with which he worked, with the co-operation of all the Office-bearers and Executive Members, to bring the Case to a finality and appreciated the Counsels who argued for us, namely Shri.DayanKrishnan, Shri.GouthamNarayan, Shri. Parthiban and Shri.Giri, the senior counsel. Finally he concluded his speech with a note that there is still a ray of light which can bring good result in the Review Petition filed on 2nd Feb, 2015. The General Secretary also referred about the Madurai Pension up-dation Case, as the only solution to the pensioners.

Dr.E.Rajagopalan, the Joint Secretary spoke elaborately about the other activities the Association has taken up and succeeded. viz., a)Cashless settlement in Mediclaim and one more option for those who are left out, b) inclusion of independent children, c) momento for retirees in United India d) 5 years notional credit for the Dev.Officers. e) Pension for those who went on SVRS with less than 20 years service and concluded his speech with an appeal to contribute for the legal fund to fight the Review Petition.   


The podium was left to the members and delegates for interaction and was well participated by the following members namely Mr.Radhakrishnan E.C.member, Mr. Venkatkrishna Bangalore, Mr.SamanthRoy Bhubaneswar, Mr.Yadav, Nagpur, Mr. Kadaloya Nagpur, Mr.Kulkarni, Hubli., and Mr.Srikanth, OIC.

Our Chair person Shri.A.G.Gajapathy, answered all the quieries raised by the participants and narrated the case, how it was built and argued and what are the main points we have stressed in the argument and also in the Submissions to the Court, in such a fashion that there was pin drop silence in the hall and every one were satisfied with the speech and appreciated our efforts and pleaded for the continuance of the service to the Pensioners.

The meeting ended with the Thanks giving note by Shri.S.Ponraj, our Working President and a high Tea.

Friends, in any fight there should a winner and a loser, but in our case neither we have lost not we have won, so let us continue our fight and see it to the last. We hope we will succeed finally and never mind the loss now.

March ahead and there are many things to fight for the Pensioners and one among them is our Madurai case which was heard on 18th of March 15. Our Counsels have done their best with our contribution to them in materials and facts. We hope to win and if we win it does not stop at that but we may have to pursue it to the natural end at Supreme court. Be prepared for a further struggle. We are not going to give up till we succeed.

With regards



V.A.NAGARAJAN

GENERAL SECRETARY

Saturday, March 21, 2015

Dear friends,
To the best of my knowledge none of the unions or Association of officers have demanded for pension updation in our industry. We took up the cause for discussion and wrote several letters to the Management but as usual they did not bother even to reply. 

We took a conscious decision to file a case in the Madurai bench of Madras High court and did the same in 2011. Some of our colleagues have filed a case in Jodhpur and Jaipur bench of Rajasthan High court. But that did not come up so far for hearing. 

We got our case taken up for trial and the arguments are over on 18th of this March 15. and the judgement was reserved. we expect the judgement in a few months.

The LIC pensioners under the leadership of Shri Asthana got the case up to Supreme court and is adjouned 4 times because of the delaying tactics of the Management and is now posted for hearing 25th march.
let us hope for the best in both the cases and we should continue to fight for a permanent solution and your co-operation is solicited. 

With full enthusiasm our members attended the General body meeting of our Association on 7 th of this month. and delegates from other states also participated other than the local members with the delegates from the Tamil nadu districts and with their assurance of full co-operation for our fight in the Supreme Court and also for the Maduari High Court case, we dispersed on a high note to fight for the rights of the Pensioners in the General insurance industry. 

with regards
nagarajan
nisvrea 

Sunday, March 1, 2015

Dear friends
Thank you for being with us during the post judgement time and for the support you gave by encouraging us to go for the review petition.
we have filed our review petition on 2 nd feb 15 and now waiting for the call from the Apex court.

I take this oppurtunity to invite you all for the annual General Body Meeting to be held on the 7 th of march at 4 pm at the Tag house auditorium of R K M South school Thanikachalam road T Nagar chennai 600017.

We will bd discussing the matters relating to the case and other developments.

With regards


Nagarajan

Friday, September 12, 2014

Friends,
It is now 6 months and we are yet to get our judgement. We spoke to the Advocates here at Chennai and also at Delhi, but they are all of the opinion that we should wait, as there are no way out. The six months time limit is only for High courts and not for Sup.court.
We have one way out to mention it before the judge himself. but it may work against us and not only that they will even order to go for re arguments.
This is why we wait and pray for early results.
Our Madurai Case came up once before the judges and the management asked for time to submit their reply. Now it is again listed and may come up before next week.
we have so far received 12 representations from retirees of SVRscheme for getting pension in the case of  less than 20 years of service. we will finalise the list by 12th of this month and any body coming under the above can send email with their scanned copy of the representation given to the concerned company.
Nothing else to add.
nagarajan
nisvrea



Monday, April 28, 2014

Friends,
Quieries are raised about the timing of the judgement and updation. There is nothing we can do but to wait and pray. But the legal time given for the pronouncement of judgement is 6 months in supreme court. In practice judgements are pronounced after two months. As far as our experience goes in the previous case of 'less than 20 yrs' it took 2 months and more. So let us wait and pray.

Let me give you some news about our case filed at Madurai Court for updation of pension. We mentioned the case before the court in the first week of April but the Honb'le judge, showing the reason that there are more number of cases which are fresh pending for admission itself , refused immediete hearing of the case.
But we plan to mention again. The problem is that the management has not filed their counter so far, in spite of repeated reminders. Any way we will pursue with the court and bring it for hearing at the earliest.

The same is the position in Jaipur also.

There were lot of problems in getting the photo identity card from the offices for the Mediclaim. We have taken it up with the individual companies and sorting it out. We all should co-operate with the management as there will be teething problem when some new scheme is introduced.

We are not supposed to stop with the SVRS case alone as we have the major case of updation of pension at Madurai and Jaipur for which we all should unite and fight. Please wait for the momentum to pick up.

Let the Grace of God be with us.

Nagarajan
Nisvrrea 

Wednesday, March 19, 2014

Dear friends,
Sorry for updating the blog so late.
Our fight with the union of india and the management has come to an end with the referee reserving the decision. It is something which we were expecting for such a long time and now has come to an end after exactly 10 years from our taking VRS and 8 years from the date we have filed our petition in supreme court and then we came back and filed in different High Courts. How many people have involved themselves in this struggle and how much of physical and mental strain our representatives of different states and places have put and the way our executive committee members worked and also from the other states representatives worked to bring it to the natural end at Supreme court. How many criticisms we crossed and how many associations were formed with varies approach to fight but We proved to one and all that only and only NISVRREA can bring results and one by one Associations supported our effort when the case has come to the final stage.

We should thank all those who were with us and i take this opportunity to do the same. I on behalf of the Officebearers and executive members and other activists thank from bottom of my heart, all those who were with us in this great fight with the management and i feel this will go deep in to the History of struggles and that too by Retired employees of the Insurance industry. I am proud to say that and we can walk with our heads high in the midst of those so called Unions and Associations of the insurance industry who pretend to protect the rights of the employees without realizing that they will also come to our fold one day.

Now that our arguments are over and every body have started asking and all of them are eager to know what happened in the court and what will be the result etc etc. Friends, even though i will not be able to give you word by word commentary as to what happened in court I can give you the two sides of main arguments and I now start describing the scene from day one.

It was 20 th Feb Thursday, and we were all present in the court.ie. Mr. Parthiban Adv from Chennai, Mr.Gautham Narayan junior councel, and Mr.V.Giri Senior Councel with whom we spearheaded our charge against the union of india and management and myself. In the Respondents side Mr. Anthi Arujna with his counsels to assist from Duo Associates representing the management of 3 companies other than New india, and Mr. Jaideep Gupta, Senior counsel for New India, Mrs. Sunita Rao representing the Union of india.
There was a case before ours and we were praying God that it should be finished early so that we will be heard next. Yes that case was adjourned and our case started exactly at 10 55 am, with the bench consists of Honb'le Judges Sri.Dave and Sri.Siva Kirti Singh asking us to begin our arguments. I was praying for this moment all along these 8 years and it has now come. Both the judges were very much attentive and listned to our Senior counsel's argument. The argument went througout the day. We started with the Nationalisation of the industry and explained about the schemes for rationalisation of the salary structure from 1974 to till date and the salient features of the scheme. We also explained about the 1995 Pension scheme and its salient features. We made it clear to the Judges that the revision of schemes were done after the due date and it was always retrospective. As well we explained about the Normal VRS and Super annuation. Then Our Counsel explained about the SVRS scheme and its salient features such as the eligibility, quantum of Ex-gratia and about the arrears of Ex-gratia when wages are revised. We continued explaining the clause 6 of the SVRS and about Pension, P.F., and Gratuity. We also insisted upon the judges that these three are governed by seperate Acts and managed by an independent Fund. and they are our statutory rights and denial of these rights are violative of Article 14 of the Constitution. Then we concentrated on Clause 8 (xiv) of the SVR Scheme, which was the main defence of the Management. We clearly explained that this clause will operate Only within the SVRS scheme and it cannot curtail any benefits like Wage arrears, P.F, Gratuity or Pension. We also explained that the Jural relationship continues, as we are pensioners and the company continues to cover Medical etc. Then we gave examples of case laws viz. Nakara, Deokinandan, Sheelkumar jain, Sanwar lal, Mohan das and our recent case which we won in Kripal singh. 

We concluded our arguments the next day by 11.45 am and then Managements' counsel Shri.Anthi Arjuna statrted his onslaught, concentrated on the severing of the Jural relationship once we got the Ex-gratia (including the Arrs.) and quoted it is a contract and nothing can be claimed after the receipt of the declared amounts as per the SVR scheme. He claimed this as Golden Hand Shake and insisted that it is Full and Final settlement as per clause 8(xiv) and argued that it was made clear to employees that nothing else can be claimed after. He depended mainly on the cases of  HEC, A.K.Bindal and ITI. for their Defence, and stressed that they have the power to Amend the Scheme and as per 2005 Scheme - clause(3) 2, we are not eligible for the payment of Arrears. Because we are not eligible for Arrears, we are also not eligible for consequential benefits like Pension, P.F., Gratuity etc. He reitirated that there is no violation of Section 14 of the Constitution which speaks about equality before Law. After Sri.Anthi Arjuna finished his arguments at around 3 45 pm. Mr.Jaideep Gupta representing New India management adding to the arguments of Senior Counsel Sri. Anthi Arjuna mainly concentrated on Section 17 A of the Nationalisation Act and the court rose at 4 pm.

On 27th the day of Maha Sivratri, Sri. Jaideep Gupta started his arguments on Government's powers to Amend the Act and repeated the same arguments of the Senior Counsel, just to stress upon the points against us. Smt. Sunita Rao, supported the arguments of the two senior Counsels and concluded. By 11.30 am, Mr. Giri, our Senior Counsel started the counter arguments taking cue from the arguments of Sri Anthi Arjuna who spearheaded the Defence. He broke the arguments of Sri Anthi Arjuna, explaining, the Judges that the Judgement in  HEC, ITI and A.K.Bindal were given, basing on the reason that they are all Sick Units and there is no Pensionary benefits in those companies and they are all not coming under Statute, but under Industrial Disputes act where a written agreement was there. Continuing he said, in our case the Scheme is Unilateral and we are coming under statute. We have continued relationship by way of Pension and our Pension is attachable. He quoted from the same HEC case they referred for their Defense, wherein the judges have very clearly stated 'Unless coming under Statute the employees have no claim for the arrears of Wages' and said that the petitioners are covered under statute and we are eligible. The Jural relationship continues here and it was only an afterthought for the companies to restrict the benefits after we went on SVRS. He concluded that a benefit given under different Acts can not be taken away by an amendment subsequent to the SVR scheme. We are clearly differentiated by the Amendment and it is Violative of Art.14. We are forming a Homgeneous group with Normal VRS beneficiaries and super annuated pensioners. Thus clause 3 (2) of the 2005 Amendment Scheme is violative of Art.14.and should be scrapped. With the above thrustful arguments our senior counsel concluded the arguments and the Judges asked us to give written submissions before Wednesday the 5th of March. 
Friends, I have given the picture of the court proceedings to you all, to that extent possible i could, and our only request is to pray God for the favorable result. The judgement may take a month or so as per the experience goes. Let us wait and pray Almighty and only Prayers can do wonders. 
with regards
nagarajan
nisvrrea 

Sunday, February 23, 2014

Dear friends,
We are very happy to note that our case was heard the whole day on the Thursday the 20th of Febraury, by our Honb"le Judges Sri.Dave and Kirti singh. After adjourning the first case to 24 th Feb our case was taken up at 10 55 am, there were some initial hickups but the judges, ourselves and the respondents were eager to start the case, so it started smoothly and our Senior Advocate Sri.Giri, accompanies by Sri V.Parthiban from Chennai, Sri Dayan Krishnan and Gautham Narayan from Delhi, with some juniors to help our advocates, started the argument. There was no interference from either from Respondents' Advocate Sri.Andhi Arjuna representing Dua Associates,Jaideep Gupta or from the Governments side represented by Adv.Sri.Sunita Rao.There were also other advocate representing for the petitioners Sri Gonsalves Sr.Adv. Our Argument went on till 1 pm in the morning and upto 4 pm in the evening without any interruption. The judges noted all the important points and in between asked some clarifications. We are happy and satisfied with our presentation and it would continue on the 26th of Feb also. and the respodents will be giving their point of view and after that we should counter their contention and the case will come to a close.
We should wait for the judgement and it may take a month or so.

Friends the longest struggle taken to this level by a non political Association will come in to the History that too by the pensioners and our victory will be a land mark judgement and will guide all the VRS optees under Golden Hand shake.

Our duty is to Pray the Almighty for the favorable judgement.

with regards
nagarajan
nisvrea