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.