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Know Your Rights

Business, Investing & Management | 46 Chapters

Author: S Srinivasan

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The ambiguous state of our legal structure and its formats leave the common man with nograsp of the basics of the system in which he lives. Treatises and documents are boundless, but yet so vague and so verbose, that one has neitherthe time to read it nor to even glance it. Over the years it is greatly felt that a standing reference material which can help abankworker to be aware of this rights as bank employee is necessary. Hence this effort on ....

Chapter 1

Classification

  1. 1. Banks are classified into two classes, viz. w.e.f. 01/01/86.
    CI. 19 of settlement dated 17/9/84
    ‘A’ Class banks, i.e., banks whose ‘working funds’ amount to RS.85 crores and more and all Exchange banks;
    ‘B’ Class banks i.e., banks whose ‘working funds’ are less than Rs.85 crores; with effect from 1.1.1968 in partial modification of paras 4.128 and 4.129 of Desai award, CI. 2.2 of settlement dated 19/10/66,
    CI. 2 of settlement dated 12/10/70,
  2. 2. ‘Working funds’ mean the aggregate resources made up of paid-up capital, reserves and the average of the deposits for the 52 weeks of each year for which weekly returns of deposits are submitted to the Reserve Bank of India, under the provisions of RBI Act, 1935. (Paragraph 4.124 Desai Award).
  3. 3. Indian Banks with deposits of RS.30 crores and less shall publish and exhibit a statement showing the average of the weekly returns of deposits in the first month of the next succeeding calendar year together with a certificate from the auditors as to the correctness of the statement or a certificate from the Reserve Bank of India to that effect. (Paragraph 2.1 Bipartite Settlement dated 19.11.1966).’.
  4. 4. Indian banks with deposits over Rs.30 crores and Exchange banks shall not be required to exhibit the statement or certificate as required under paragraph 3 above. They shall, however, supply upon request a copy of such statement or certificate to the union of their employees. (Paragraph 2.1 Bipartite Settlement dated 19.11.1966).
  5. 5. If, in future, it should so happen that the ‘working funds’ of a particular bank have been below the lower limit or higher than the upper limit set for its class, continuously for a period of two years, it should then be deemed to have passed into the next lower or the next higher class, as the case may be. The relevant date for calculating the ‘working funds’ will be 31 st December of each year. The change over from one class to another shall not adversely affect the total emoluments of the existing employees drawn by them on the date of the said changeover. Total emoluments mean basic pay, dearness allowance, special allowance, etc.

(Paragraph 4.126 Desai Award and Paragraph 64 Sastry Award).

  1. 6. With reference to banks which amalgamate and form a new bank, if the amalgamation is brought about by an existing bank, which is a party to the terms and conditions of service herein, taking employees of other amalgamating banks on itself, the new bank shall for a period of three years from the date of amalgamation, be deemed to belong to the highest class to which any of the amalgamating banks belonged before the amalgamation and shall thereafter belong to the appropriate group to which the bank may belong as per the classification procedure laid down above regarding adjustment.

(Paragraph 4.127 Desai Award and Paragraph 67 Sastry Award).

CLASSIFICATION OF WORKMEN

  1. 1. Permanent Employees means an employee who has been appointed as such by the Bank.
  2. 2. Probationer means an employee who is provisionally employed to fill a permanent vacancy or post and has not been made permanent or confirmed in service.
  3. 3. Temporary Employee means, an employee,

    i. who has been appointed for a limited period for work which is of an essentially temporary nature; or

    ii. who is employed temporarily as an additional workman in connection with a temporary increase in work of a permanent nature; and includes an employee other than a permanent employee who is appointed in a temporary vacancy caused by the absence of a particular permanent employee.

  4. 4. (Paragraph 508 of Sastry Award as amended by Paragraph 23.1 5(e) of Desai Award and superseded by
    CI 20.7 of FBS dated 19.10.1966). (18.7 of our settlement dt. 14.12.66)
  5. 5. Part-time employee means an employee
  6. i. who does not or is not required to work for the full period for which an employee is ordinarily required to work, and
  7. ii. who is paid on the basis that he is or may be engaged in doing work elsewhere. (Paragraph 508 of Sastry Award and Paragraph 23, 15(d) of the Desai Award).

i. who has been appointed for a limited period for work which is of an essentially temporary nature; or

ii. who is employed temporarily as an additional workman in connection with a temporary increase in work of a permanent nature; and includes an employee other than a permanent employee who is appointed in a temporary vacancy caused by the absence of a particular permanent employee.

NOTE:

It is also envisaged in para 20.8 of Bipartite Settlement dated 19.10.66 (CI 18.8 of our settlement dt. 14.12.66) that “such temporary workman may also be appointed to fill a permanent vacancy provided that such temporary appointment shall not exceed a period of 3 months during which the bank shall make arrangements for filling up the vacancy permanently. If such temporary workmen is eventually selected for filling up the vacancy then the period of such temporary employment will be taken into account as a part of his probationary period.

(CI 18.12 of our settlement 14.12.66)

Clause 20.12. of Bipartite Settlement dated 19.10.66: Other things being equal to temporary workman (other than godown keeper) will be given preference for filling permanent vacancies and if selected they may have to undergo probation.

Clause 20.4 of 19.10.66 and 498 of Sastry Award: (CI 18.4 of 14.12.66) (18.12. of 14.12.66)

For ordinary work no bank should employ part time workers except for pass book writing. All Banks will be free to employ part time clerks as pass book writers. Apart from such persons already in employment as on 19.10.66 in future only students and retired persons (but in any case, no person already in employment elsewhere) will be engaged by banks or this purpose. Their hours of work will not exceed 12 hours in a week.

Application of Awards and Settlements Categories of Workmen Who Are Covered Under the Awards &. Settlements.

To appreciate the scope and coverage of workmen in the banking industry, it would be in order to know the definition of ‘workmen’ under sec.2(s) of the Industrial Disputes Act, 1947. A workman as defined in sec.2(s) of Act, means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceedings under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person.

a) Who is subject to the Air Force Act, 1950 (45 of 1950), • or the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957); or

b) Who is employed in the Police Service or as an officer or other employee or person; or

c) Who is employed mainly in a managerial or administrative capacity or

d) Who being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensm or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature”.

Note:

It is evident that the law relating to the status of the temporary employee is well settled by the decision of Supreme Court. In the eyes of law, temporary employees ‘Workman’ under 1D Act for all purposes. Hence, they cannot be deprived any benefits whether settlement provides it or not.

It should be carefully noted that para 16.7 of Desai Award says that this award will apply only to employees who are workmen within the meaning of the said definition so long as they remain workman and they have been classified (vide para 23.15 of Desai Award) as:

a) Permanent employee:

b) Probationers;

c) Temporary employee;

d) Part time employee

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Chapter 2

Scales of Pay

(XI BPS dated: 11-11-2020)

Pay Scales (Merger at 6352 Points

Stagnation Increments – 9

Clerks

17900 – 1000/3 – 20900 – 1230/3 – 24590 – 1490/4 – 30550 – 1730/7 – 42660 – 3270/1 – 45930 – 1990/1 – 47920

Clk: 9 – once in 2 yrs.@rs1990/-, maximumof Rs.65830

Sub-staff

14500 – 500/4 – 16500 – 615/5 – 19575 – 740/4 – 22535 – 870/3 – 25145 – 1000/3 – 28145

SS: 9 – once in 2 yrs.@1000/- maaximumo f Rs.37145

Note:

a) Fitment in the new scales of pay shall be on a stage-to-stage basis.

b) There shall be no change in the dates of annual increments because of the fitment

c) In the case of Ex-servicemen category employees who have joined the Banks on and after 1-11-2017 up to the date of this Settlement, the fixation/fitment in the pay scales already given/eligible to be given under the 10th BPS shall be refixed as per the provisions of this settlement so that there will be no reduction on account of fitment in new pay scales.

d) All employees belonging to subordinate cadre shall be eligible for one extra increment for passing JAIIB and two increments for passing CAIIB examination w.e.f 1.11.2017

Note:

  1. 1. Subordinate Staff: Messengers, Peons, Sweepers, Watchmen, Guards, Drivers, Liftmen, Electrician, Compositors, Sorters, Dafatries, Farsh, Hamals, Cooks, Bearers, Cyclostyle Operators, Fireman, and A.C. Plant Operators,Bill collectors etc.
  2. 2. Non-subordinate Staff: Clerks, Cashiers, stenos, Officials-in-charge, Telephone Operators, Audit Clerks, Draughtsmen, various Machine Operators including Punch Card Operators, Tellers, Special Assistants, Head Clerks, Assistant and Deputy Head Cashiers, Control Room Operators, Record Keepers, Bill Collectors, Godown Keepers etc.

pg43pg43-1

GRADUATION PAY/PROFESSIONAL QUALIFICATION PAY

For those workmen who hereafter reach or have already reached 20th stage of the scale and have got increments in consideration of educational qualification(s), Graduation Pay/Professional

Qualification Pay shall be payable as under:

  1. 1. Those who are graduates and/or NDC - Rs. 625/- p.m. after they complete 1 year Rs. 1215/- p.m. after they complete 2 years
  2. 2. Those who have passed JAIlB or Part I of CAIB/CAIlB- Rs. 625/- p.m after they complete 1 year
  3. 3. Those who have passed JAIlB and CAlIB or Both Parts of CAIB/CAlIB Rs. 625/- p.m. after they complete 1 year Rs. 1215/-p.m. after they complete2 years Rs. 1835/- p.m. after they complete 3 years
  4. 4. Those who are graduates/NDC and have passed JAIlB or Part I of CAIB/CAIIB Rs. 625/- p.m. after they complete I year Rs. 1215/- p.m. after they complete 2 years Rs. 1835/- p.m. after they complete 3 years
  5. 5. Those who are graduates/NDC and have passed JAIIB or Both Parts of CA IB/CAIIB - Rs. 625/- p.m. after they complete I year Rs. 1215/- p.m. after they complete 2 years Rs 1835/-p.m. after they complete 3 years Rs. 2455/- p.m. after they complete 4 years Rs. 3045/- p.m. after they complete 5 years.

ADDITIONAL INCREMENT TO SUB STAFF;

Cl 4 note (d) All employees belonging to sub-ordinate cadre shall be eligible for one extra increment for passing JAIIB and two increments for passing CAIIB examination w.e.f 1.11.2017

Note: Refer to Clause 11of 11BPS

GRADUATION PAY

Non-Subordinate employee who acquire graduation/post-graduation qualification from Universities/Open Universities which are recognised by the University Grant commission will be considered as, having acquired graduate qualification and would be eligible for being granted the two additional increments for graduation or graduation pay, as the case may be,as provided hereinabove subject however to the following conditions:

  1. i. Employees who registered under the Graduation/Post Graduation courses of Open University have either passed the foundation course or attended the Bachelor’s Preparatory Programme; and
  2. ii. They pursue the same course and take the same examination as the formal stream students.

This provision shall take effect from the date of the 8 th BIPARTITE Settlement.

Note:

A provision tor release of increment for graduation or graduation pay to non-subordinate employees who acquire graduation/post-graduation qualifications from Universities/Open Universities has been incorporated in Clause 34 of the Settlement. Although this provision takes effect from the date of settlement, it has been agreed that cases of all non-subordinate employees who have acquired graduation/post-graduation qualification from Universities! Open Universities recognised by the University Grants Commission prior to the date of settlement may also be considered for release of increment for graduation or graduation pay, subject to the conditions as at (I) and (ii) of Clause 34 of the Bipartite Settlement.

CAIIB/CAIB INCREMENTS

(19TH AND 20TH STAGES OF PAY)

Ref No: EST/44/2005 -06

Date: 22.09.2005

In partial modification of Part II of clause 23 of the Bipartite Settlement dated 12th October 1970, a member of the non-subordinate cadre acquiring a’ Graduate/National Diploma In Commerce or a JAIIB/CAIIB (either or both parts) qualification/s at a time when he/she does not have the requisite number of increments in the scale to be earned as advance increments shall in the first instance be released increments for such qualification/s acquired to the extent available in the scale and in lieu of the remaining increments(s) not available for being so released as advance increments be granted/released the first instalment of Graduation Pay or PQP, as the case may be. Release of subsequent instalments of Graduation Pay or PQP shall be with reference to the date of release of Graduation Pay or PQP under this clause. Provided that in the case of an employee acquiring such qualifications after reaching the maximum of the scale of pay, he shall be granted from the date of acquiring such qualification the first instalment of Graduation Pay or PQP,as the case may be and the release of subsequent instalments of Graduation Pay or PQPshall be with reference to the date of release of Graduation Pay or PQP.under this clause. Provided further that in a case where the employee as on the date of this settlement, has already acquired any of the said qualifications and has not earned any increment or Graduation Pay Professional Qualification Pay on account of acquiring such qualification, he may be, with effect from 1st November 2002 or the date of acquiring any of the said qualifications, whichever is later, released increment/s or Graduation Pay/PQPas provided herein above (8 Bipartite Settlement)

For the sake of clarity and to distinguish it from Graduation Allowance, the increments/educational’ allowance now paid to the clerical staff for passing Part 1 or both Parts of CAIIB/CAIB shall be called Professional Qualifications Increments or Allowance as the case may be.

(Para 11 of Fifth Bi-Partite Settlement, dated 10.4.1989)

SET OF IBA’S CLARIFICATIONS/EXPLANATIONS ISSUED IMMEDIATELY AFTER AND WITH REFERENCE TO PROVISIONS IN 5th BIPARTITE SETTLEMENT, REGARDING PROFESSIONAL QUALIFICATION ALLOWANCE

  1. 1. It is not correct to say that in terms of the new Settlement, an employee who has only passed CAIIB shall draw higher professional qualification allowance after reaching the maximum in.the Scale compared to another employee who is a graduate and has also passed CAIIB examination. The two are not comparable.. Other things being equal, a graduate with CAIIB qualification, shall always be two stages ahead of a non-graduate with CAIIB qualification.
  2. 2. The additional increment received for passing CAIIB will be called professional qualification increments. The special allowance payable on account of CAIIB qualification after reaching the maximum in the scale of pay will be called professional qualification allowance.

For subordinate staff new provisions

All employees belonging to sub-ordinate cadre shall be eligible for one extra increment for passing JAIIB and two increments for passing CAIIB examination w.e.f 1.11.2017

List of universities approved by UGC IN INDIA for determining eligibility of graduation increment

(Recognised for Graduation/Post Graduation)

  1. 1. Agra University, Agra
  2. 2. University of Agricultural Sciences, Bangalore
  3. 3. University of Agricultural Sciences, Dharward
  4. 4. Ajmer University, Ajmer
  5. 5. Alagappa University, Karaikudi
  6. 6. Aligarh Muslim University, Aligarh
  7. 7. University of Allahabad, Allahabad
  8. 8. All India Institute of Medical Science, New Delhi
  9. 9. Amravati University, Amravati
  10. 10. Andhra University, Vizag
  11. 11. Andhra Pradesh Agricultural University, Hyderabad
  12. 12. Andhra Pradesh Open University, Hyderabad
  13. 13. Andhra Pradesh University of Health Science, Vijayawada.
  14. 14. Anna University, Madras
  15. 15. Annamalai University, Annamalai Nagar
  16. 16. Arunachal University, Itanagar
  17. 17. Assam Agricultural University, jorhat
  18. 18. Avinashilingam Institute for Homes Science & Higher Education for women, Coimbatore.
  19. 19. Avadh University, Faridabad
  20. 20. Awadesh Pratap Singh University, Rewa
  21. 21. Banaras Hindu University, Varanasi
  22. 22. Banasthali Vidyapith, Rajasthan
  23. 23. Bangalore University, Bangalore
  24. 24. Barkatullah Vishwavidyalaya, Bhopal
  25. 25. Berhampur University, Berhampur
  26. 26. Bhagalpur University, Bhagalpur
  27. 27. Bharathiar University, Coimbatore
  28. 28. Bharathidasan University, Tiruchirapalli
  29. 29. Bhavnagar University, Bhavnagar
  30. 30. Bidhan Chandra Krishi Vishwavidyalaya, Dist-Nadia
  31. 31. Behar University, Muzaffarpur
  32. 32. Birla Institute of Technilogy, Ranchi
  33. 33. Birla Institute of Technology and Science, Pilani
  34. 34. Birla Agricultural University, Ranchi
  35. 35. University of Bombay, Bombay
  36. 36. University of Bundelkhan, Jhansi
  37. 37. University of Burdwan, Burdwan
  38. 38. University of Calcutta, Calcutta
  39. 39. University of Calicut, Calicut
  40. 40. Centrallnstt. of English and Foreign Languages, Hyderabad
  41. 41. Central Institute of Fisheries Education, Bombay
  42. 42. Central Institute of Higher Tibetan Studies, Varanasi
  43. 43. Chandrashekar Azad University, Kanpur
  44. 44. Cochin University of Science & Technology, Cochin
  45. 45. Dakshna Bharat Hindi Prachar Sabha, Chennai
  46. 46. Dayalbagh Educational Institute, AGra
  47. 47. Decan College Post Graduate and Research Institute, Pune
  48. 48. University of Delhi, Delhi
  49. 49. Devi Ahilya Viswavidyalaya, Indore
  50. 50. Dr. Babasaheb Ambedkar Technological University, Lonere
  51. 51. Dibrugarh University, Dibrugarh
  52. 52. Dr. Harlsingh gour Viswavidalaya, Sagar
  53. 53. Dr. Y.S. Parmar University of Horticulture & Forestry, Nauni
  54. 54. Gandhigram Rural Institute, Madurai
  55. 55. Gauhatl University, Gauhati
  56. 56. Goa University, Goa
  57. 57. University of Gorakhpur, Gorakhpur
  58. 58. Govind Ballabh Pant University of Agri & Technology, Dist-Nainital
  59. 59. Gujarat Agricultural University, Dantiwada
  60. 60. Gujarat Ayurved University, Jamnagar
  61. 61. Gujarat University, Ahmedabad
  62. 62. Gujarat Vidyaplth, Ahmedabad
  63. 63. Gulbarga University, Gulbarga
  64. 64. Guru Ghasidas University, Bilaspur
  65. 65. Gurukula Kangri Viswavidyalaya, Hardwar
  66. 66. Gurunanak Dev University. Amritsar
  67. 67. Haryana Agricultural University, Hisar
  68. 68. Hembati Nandan Bahuguna Garhwal University, Sri nagar
  69. 69. Himachal Pradesh University, Simla
  70. 70. Himachal Pradesh Krishi Viswavidyalaya, Palampur
  71. 71. University of Hyderabad, Hyderabad
  72. 72. Indian Agricultural Research Institute, New Delhi
  73. 73. Indian Institute of Science, Bangalore
  74. 74. Indian Institute of Technology, Bombay
  75. 75. Indian Institute of Technology, Delhi
  76. 76. Indian Institute of Technology, Kanpur
  77. 77. Indian Institute of Technology, Kharagpur
  78. 78. Indian Institute of Technology, Kharagpur
  79. 79. Indian School of Mines, Dhanbad
  80. 80. Indian Statistical Institute, Calcutta
  81. 81. Indian Veterinery Research Institute, Izatnagar
  82. 82. Indira Gandhi Krishi Viswavidyalaya, Raipur
  83. 83. Indira Gandhi National Open University, New Delhi
  84. 84. Indira Kala Sang it Viswavidyalaya, Khairagarh
  85. 85. International Institute of Population Science, Bombay
  86. 86. Jadaypur University, Calcutta -
  87. 87. Jain Vishva Bharati Institute, PO Ladnun (Rajasthan)
  88. 88. Jamia Hamdard, New Delhi
  89. 89. Jamia Milia Islamia, New Delhi
  90. 90. University of Jammu, Jammu
  91. 91. Jawaharlal Nehru Krishi Vishwavidyalaya, jabalpur
  92. 92. Jawaharlal Nehru Technology University, Hyderabad
  93. 93. Jawaharlal Nehru University, New Delhi
  94. 94. Jiwaji University, Gwalior
  95. 95. University of Joghpur, Jodhpur
  96. 96. Kakativa University, Warangal
  97. 97. University of Kalyani, Kalyani
  98. 98. Kameshwar Singh Darbhangha Sanskrit University, Darbhangha
  99. 99. Kanpur University, Kanpur
  100. 100. Karnatak University, Dharwad
  101. 101. Kashi Vidyapeeth, Varanasi
  102. 102. University of Kashmir, Sri nagar
  103. 103. University of Kerala, Trlvandrum
  104. 104. Kerala Agricultural University, Trichur
  105. 105. Konkan Krishi Vidyapeeth. Dapoli
  106. 106. Kota Open University, Kota
  107. 107. Kumaun University, Nainital
  108. 108. Kuvempu University, Karnataka
  109. 109. Kurushetra University, Kurushetra
  110. 110. Lalit Narayan Mithila University, Darbhanga
  111. 111. University of Lucknow, Lucknow
  112. 112. University of Madras, Madras
  113. 113. Madurai Kamaraj University, Madurai
  114. 114. Magadh University, Bodh Gaya
  115. 115. MS University of Baroda, Vadodra
  116. 116. Maharshi Dayanand University, Rohtak
  117. 117. Mahatma Gandhi University, Kottayam
  118. 118. Mahatma Phule Krishi Vidyapeeth, Rahur!
  119. 119. Makhanlal Caturvedi National University Institute of Journalism, Bhopal
  120. 120. Mangalore University, Mangalore
  121. 121. Manipur University, Imphal
  122. 122. Manonmaniuam Sundaranar University, Tirunelveli
  123. 123. Marathwala University, Aurangabad
  124. 124. Marathwada Krishi Vidyapeeth, Parbhani
  125. 125. Meerut University, Meerut
  126. 126. Mohanlal Sukhadia University, Udaipur
  127. 127. Morther Teresa Women’s University, Madras
  128. 128. University of Mysore, Mysore
  129. 129. Nagarjuna University, Nagarjunanagar
  130. 130. Nagpur University, Nagpur
  131. 131. Nalanda Open University, Patna
  132. 132. Narendra Deva University of Agriculture and Technology, Faridabad
  133. 133. National Diary Research Institute, Karnal
  134. 134. National Law School of India University, Bangalore
  135. 135. National Museum Institute of History of Art, Conversaton and Museology, New Delhi
  136. 136. Nizam’s Institute of Medical Science, Hyderabad
  137. 137. North Bengal University, Darjeeling
  138. 138. North Eastern Hill University, Shillong
  139. 139. North Gujarat University, Patan
  140. 140. North Maharashtra University, Jalgaon
  141. 141. Orissa University of Agriculture and Technology, Bhubaneshwar
  142. 142. Osmania University, Hyderabad
  143. 143. Panjab University, Chandigarh
  144. 144. Patna University, Patna
  145. 145. Pondicherry University, Pondicherry
  146. 146. University of Poona, Poona
  147. 147. Poorvanchal University, jaunpur
  148. 148. Postgraduate Institute of Medical Education and Research, Chandlqarh
  149. 149. Punjab Agricultural University, Ludhiana
  150. 150. Punjab University, Patiala
  151. 151. Punjabrao Krishi Vidyapeeth, Akola
  152. 152. Rabindra Bharati University, Calcutta
  153. 153. University of Rajasthan, Ialpur
  154. 154. Rajasthan Agri. University, Bikaner
  155. 155. Rajasthan Vidyapeeth, Udaipur
  156. 156. RaJ’endra Agricultural University, Samatipur
  157. 157. Ranchi University, Ranchi
  158. 158. Rani Durgavati Vishwavidyalaya, Jabalpur
  159. 159. Rashtriya Sanskrit Vidyapeeth, Tirupathi
  160. 160. Ravishankar University, Raipur
  161. 161. Rohikhand University: Bareilly
  162. 162. University of Roorkee, Roorkee
  163. 163. Sambalpur University, Sambalpur
  164. 164. Sampurnanand Sanskrit Vishwavidyalaya, Varanasi
  165. 165. Sanjay Gandhi Postgraduate Institute of Medical Science, Lucknow
  166. 166. Sardar Patel University, Vidyanagar
  167. 167. Sarurashtra University, Rajkot
  168. 168. School of Planning and Architecture, New Delhi.
  169. 169. Shere-e-Kashmir University of Agri. Science and Technology, Sri nagar
  170. 170. Shivaji University, Kolhapur
  171. 171. Shri Jagannath Sanskrit Viswavidyalaya,Puri
  172. 172. Shri Lal Bahadur Shstri Rastriya Sanskrit Vidyapeeth New Delhi
  173. 173. SNDT Women’s University, Bombay
  174. 174. South Gujarat University, Surat
  175. 175. Sree Chitra Tirunal Institute of Medical Science & Tehnoloqv, Trivandrum
  176. 176. Sri Krishnadevaraya University, Anantapur
  177. 177. Sri Padmavati Mahila Vishvavidyalayam, Tirupathi
  178. 178. Sri Sathya Sai Institute of Higher Learning, Anantapur
  179. 179. Sri Venkateswar University, Tirupathi
  180. 180. Tamil University, Thanjavur
  181. 181. Tamil Nadu Dr. M.G.R. Medical University, Madras
  182. 182. Tamil Nadu G.D. Naidu Agri. University, Coimbatore
  183. 183. Tamil Nadu Veterinary and Animal Sciences University, Madras
  184. 184. Tata Institute of Social Sciences, Bombay
  185. 185. Telugu University; Hyderabad
  186. 186. Thapar Institute of Engineering and Technology, Patiala
  187. 187. Tilak Maharashtra Vidyapeth, Pune
  188. 188. Tirpura University, Agarthala.
  189. 189. Utkal University,Bhubaneshwar
  190. 190. Vidyasanagar University, Midnapore
  191. 191. Vikram University, Ujjain
  192. 192. Visva Bharati, Santinikethan
  193. 193. Yashwantrao Chavan Maharashtra Open University,Nashik

SEE ALSO

UGC Approved Universities 2020 | Private, Deemed, State & Central List

https://scoop.eduncle.com/ugc-approved-universities

List of UGC Approved Distance Education Courses & Universities 2019

https://www.shiksha.com/humanities-social-sciences/articles/ugc-approved-distance-education-courses-universities-blogId-13904

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Chapter 3

Dearness Allowance

In substitution of Clause 7 of Bipartite Settlement dated 25th May 2015 with effect from 1st November 2017, the Dearness Allowance shall be payable as per the following rates: -

1. Clerical and Subordinate Staff

0.07 % of ‘pay’ per slab of four points.

Note:

Dearness Allowance in the above manner shall be paid for every rise or fall of 4 points over 6352 points in the quarterly average of the All India Average Working-Class Consumer Price Index (General) Base 1960= I00.

a) It is clarified that there shall be no ceiling on Dearness Allowance.

b) Dearness Allowance shall be calculated and paid on the following components:

  • Basic Pay including Stagnation increments,
  • Special Pay,
  • Graduation Pay/Professional Qualification Pay,
  • Special Allowance,
  • Transport Allowance and
  • Officiating Pay,

if any, payable under this settlement in respect of both clerical and subordinate staff.

c) All other existing provisions relating to Dearness Allowance Scheme shall remain unchanged.

2. DEFINITION OF ‘QUARTER’ AND TAKING OF QUARTERLY FIGURES OF DEARNESS Allowance

“For the purpose of calculating dearness allowance, ‘quarter’ shall mean the period of three months ending on the last day of March, June, September or December.” (Clause II (iii) of Bipartite Settlement dated 17.9.1984)

“Final index figures as published in the Gazette of India or the Indian Labour Journal, whichever is earlier shall be the index figures which shall be taken for the purpose of calculation of dearness allowance.” (Clause ii (iv) of the Bipartite Settlement dated 17.9.1984)

For the purpose of calculating the Dearness Allowance for any particular month, the quarterly average for the last quarter for which the final index figures are available on the 15th day of that month should be taken. Thus, if the DA for the month of August is to be calculated, the quarterly average for the last quarter for which final index figures are available on the 15th August should be taken. (Clause II (v) of Bipartite Settlement dated 17.9.1984)

Notes

  1. 1. Dearness Allowance is payable on complete slabs of 4 points each.
  2. 2. The change in Dearness Allowance is linked with every rise of 4 paints in the quarterly average of the Price Index, and therefore, an increase of less than 4 points above a multiple of 4 has to be Ignored, for the purpose of calculation of Dearness Allowance payable in a particular month. The Settlement provides for change in DA for 4 points rise or fall. The purpose of this provision is to ensure that DA is reduced only when there is a fall of full four points as DA increase is given when ensure that Is rise of 4 Points. This is an equitable provision and ensures least fluctuation in the DA.
  3. 3. Conversion factor for calculating DA is derived by multiplying the parts of basic pay with the relevant percentage of DA for each slab payable on the respective parts of basic pay.
  4. 4. The Settlement provides that pay for the purpose of DA shall include officiating allowance if any. The reference to officiating allowance In the Settlement is officiating allowance payable which is in terms of the First Bipartite Settlement, and Which remains unchanged.
  5. 5. The rate of dearness allowance should be calculated on nominated basic pay if there is a wage cut or leave without pay.

KNOW HOW D.A. IS CALCULATED!

  1. 1. Labour Department will release Consumer Price Index (No.) every month,based on year 2001.
  2. 2. Jan, Feb, March is one quarter. Likewise there are 4 quarters.
  3. 3. Difference between averages CPI over average of previous quarter is called increase.
  4. 4. Bank D.A is calculated on CPI based on year 1960.
  5. 5. Conversion factor to year 2001is Index No.X 4.63 X 4.93
  6. 6. For every increase of 4 points 1 slab at the rate of 0.15% is given as D.A
  7. 7. Since every month’s CPI is announced on the last day of next month D.A is given effect on the subsequent month. I.e. 2 months later.

EXAMPLE: for D.A Feb 2012:

pg53

Average of Oct, Nov, Dec 2011 = (198+199+197) X 4.93 X 4.63/3

On conversion =Average O N D 2011= 4519.53

D.A already paid for Nov. 2011(i.e. average of Jul, Aug, Sep)

= 401 slabs = 401 X 4+2836 = 4440.00

(2836 is already merged point in 9th B,P)

Increase 4519.53 – 4440 = 79.53

Slabs = 79.53/4 = 19.88 = 19

(ONLY WHOLE NUMBERS ARE TAKEN. DECIMELS ADJUSTED IN THE NEXT MONTH)

HENCE INCREASE FOR Feb 2012 is 19x0.15=2.85% of (B.P+SPL.ALLOW.+PQP)

Toil D.A for Feb, Mar, Apr 2012=401+19=420 slabs=60.15%+2.85%=63%

DEFINITION OF SPECIAL PAY AND PAY

Definition of ‘Pay’

In reiteration of Clause 6 of the Bipartite Settlement dated 25th May 2015, ‘Pay’ shall be defined as under: ‘Pay’ components Eligible for

Basic Pay, Dearness Allowance, Stagnation increments, HRA, Provident Fund, Special Pay, Gratuity, Graduation Pay/Professional Qualification Pension, Pay New Pension Scheme,

Officiating Pay

Note:

The increment component of Fixed Personal Pay as given in column 2 of Schedule III shall rank for superannuation benefits.

‘Pay’ components Eligible for Basic Pay, Dearness Allowance, Stagnation increments,, Special Pay,Graduation Pay/PQP Officiating Pay Special Allowance, Transport Allowance

SPECIAL PAY

  1. i. Allowances hitherto termed until 9 bps as Special Allowance, Graduation Allowance, Professional Qualification allowance and Officiating Allowance which are in the nature of ‘Pay’, attracting Dearness Allowance and ranking for superannuation benefits shall henceforth be termed as Special Pay, Graduation Pay, Professional Qualification Pay and Officiating pay, respectively.

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Chapter 4

Stagnation Increments/With Holding/Postponement/Reduction in Stage of Increments

In partial modification of Clause 5 of Bipartite Settlement dated 25th May 2015, both clerical and subordinate staff (including permanent part-time employees on scale wages) shall be eligible for nine stagnation increments w.e.f. 1st November 2017 at the rate and Frequency as stated herein under:

The clerical and subordinate staff including permanent part-time employees on scale wages on reaching the maximum in their respective scales of pay, shall draw nine stagnation increments at the rate of Rs. 1990/- and Rs. 1000/- respectively (pro rata in respect of permanent part-time employees) each due under this settlement, and at frequencies of 2 years, from the dates of reaching the maximum of their scales as aforesaid.

Provided further that a clerical/subordinate staff (including permanent part-time employees on scale wages) already in receipt of eight stagnation increments shall be eligible for the ninth stagnation increment from 1st November, 2017 or two years after receiving the eighth stagnation increment, whichever is later.

Provided further that the Stagnation increments received by the employees who are/were in service of the banks as on 1 November, 2017 as per periodicity hereinbefore would be readjusted from the date of reaching their maximum by also considering the Graduation/JAIIB/CAIIB Qualifications acquired thereafter, if any and employee shall be notionally eligible for stagnation increments w.e.f. 1.11.2017 in terms of this settlement as per the revised periodicity which will qualify for superannuation benefits. However, monetary benefit on account of such revised and readjusted stagnation increments shall be payable from 1st November, 2020 or the actual date of entitlement whichever is later.

NOTES:

  1. 1. Stagnation Increments: 9 increments once in 2 years for clerks and sub staff
  2. 2. Those clerical staff, who have completed 2 years in 8th stg. Increment as on 1-11-2017, will get their
    9th stagnation increment w.e.f. 1-11-2017 including all monetary benefit.
  3. 3. If such employees have retired after 1-11-2017 during this period, they will get arrears including the
    9th stg.Increment and their pension/Gratuity/commutation will be revised accordingly.
  4. 4. For all other clerical staff, the stagnation increment received so far will be re-worked and revised as per new periodicity of 2 years each up to November 2017. However, monetary benefit of this revised stg. Increment will be paid from Nov. 2020.
  5. 5. Example: A clerk who has completed 12 years as on Nov. 2017 after reaching 20th stage and was in 4th stg. Increment (4 x 3) will now be eligible for the 6th stg. Increment (6 x 2) in Nov. 2017, 7th stg. Increment in Nov. 2019 but will get the monetary benefit from Nov.2020. He will get 8th stg. Increment in Nov. 2021.
  6. 6. Example: A clerk who has completed 14 years as on Nov. 2017 after reaching 20th stage and was in 4th stg. Increment (4 x 3) will now be eligible for the 7th stg. Increment (7 x 2) in Nov. 2017, 8th stg. Increment in Nov. 2019 but will get the monetary benefit from Nov.2020. He will get the 9th stg. Increment in Nov. 2021.
  7. 7. Example: A clerk who has completed 16 years as on Nov. 2017 after reaching 20th stage and was in
    6th stg. Increment (5 x 3, 1 x 3) will now be eligible for the 8th stg. Increment (8 x 2) in Nov. 2017, 9th stg. Increment in Nov. 2019 but will get the monetary benefit from Nov. 2020.
  8. 8. Example: A clerk who has completed 18 years as on Nov. 2017 after reaching 20th stage and was in 6th stg. Increment (5 x 3, 1 x 2) will now be eligible for the 9th stg. Increment (9 x 2) in Nov. 2017 but will get the monetary benefit from Nov. 2020.
  9. 9. Those who have retired between 1-11-2017 and 31-10-2020, will be given refixation as above notionally and their pension will be revised as from Nov. 2020. However, No arrears of cash benefit is payable.

STAGNATION INCREMENTS TO PART-TIME EMPLOYEES ON SCALE WAGES

We refer to the clarifications on the provisions of the Fifth Bipartite Settlement dated 10th April, 1989, circulated under cover of IBA circular NO.PD/CIR/76/90/937 dated 16th August, 1989, interalia clarifying that part-time employees are not eligible for stagnation incrernent/s as the same has not been provided in clause18.2 of the said Settlement.

At the Negotiating Committee meeting held at IBA on 11th January, 1992, it was represented by the workmen’s Unions that part-time employees on scale wages, may also be considered for stagnation increment/s notwithstanding the provisions contained in Clause 18.2 of the Settlement as it mainly concerns a small section of the subordinate staff category.

The Chairman IBA agreed to the request of the Unions and it was decided to take a liberal interpretation of the clause and allow stagnation increment/s to part-time employees on scale wages also. The Banks may release such stagnation increment/s to the employees from the date when the same was due to them.

Stagnation increments for Clerical

Basic Pay

Existing as per 10th

Bipartite

Revised as per

11th Bipartite

20th Stage (Maximum)

31540 (Maximum) (3 years)

47920 (Maximum)(2 years)

Stagnation 1

32850 (3 years)

49910 (2 years)

Stagnation 2

34160 (3 years)

51900 (2 years)

Stagnation 3

35470 (3 years)

53890 (2 years)

Stagnation 4

36780 (3 years)

55880 (2 years)

Stagnation 5

38090 (2 years)

57870 (2 years)

Stagnation 6

39400 (2 years)

59860 (2 years)

Stagnation 7

40710 (2 years)

61850 (2 years)

Stagnation 8

42020 (Additional)

63840 (2 years)

Stagnation 9

xxxxxx

65830 (Additional)

Refixation of Stagnation increment for clerical due to reduction in Frequency

pg57

Monetary benefit on account of such revised and readjusted stagnation increment/s shall be payable from
1st November, 2020. For retirees, it will qualify for superannuation benefits as per the revised periodicity.

FOR ADDITIONAL 9TH STAGNATION INCREMENT WITH ARREARS

(WITHOUT REFIXATION)

Additional (9th Stagnation increment in 11th Bipartite)

8th Stagnation increment of

10th Bipartite from

Eligible for 9th Stagnation

increment from

May 2015 to Nov 2015

November 2017

Dec 2015

December 2017

Jan 2016

Jan 2018

Feb 2016

Feb 2018

Mar 2016

Mar 2018

Apr 2016

Apr 2018

May 2016 to Nov 2018

May 2018 to Nov 2020 respectively

Salary arrears shall be payable from the eligible date and for retirees in addition to the arrears till their date of retirement, they will also get all superannuation benefits like Gratuity, Leave encashment, Commutation, Pension.

INCREMENTS

  1. 1. Date of Increment

The date of increment of an employee shall be given effect from the first day of the month in which it falls due. This is with effect from 1-9-83.

  1. 2. Date of retirement

The date of retirement of an employee shall take effect on the last day of the month in, which he completes such age, this is with effect from 1-9-83.

Staff Annual Increment: Sub staff promotees:

  1. i. Promotees to clerical cadre shall draw their annual increment on the anniversary of the last increment drawn in their subordinate cadre unless the increment is deferred or stopped on account of leave on loss of pay by way of punishment.
  2. ii. However, members of sub staff in different stages of scales of pay are fitted in one and the same stage in clerical scales of pay. The member from the lowest stage/s shall draw their subsequent increments on the anniversary date of promotion subject to deferment/stoppage, if any.
  3. iii. Similarly, members who as a sub staff who complete 1 year or more,

    a) after reaching maximum basic pay or

    b) after the l st, 2nd, 3rd, 4th or 5th stagnation increments shall draw their annual increment/s on the anniversary date of promotions subject to deferment or stoppage. (Settlement dated 15/12/1987

  4. iv. Promoted to clerical cadre excepting those falling in ii, iii above will draw their annual increment on the anniversary of the last increment drawn; in subordinate cadre, unless the same is referred or stopped on account of leave on loss of pay or by way of punishment.

a) after reaching maximum basic pay or

b) after the l st, 2nd, 3rd, 4th or 5th stagnation increments shall draw their annual increment/s on the anniversary date of promotions subject to deferment or stoppage. (Settlement dated 15/12/1987

Deferment for Annual Increment

  1. 1. If the member has availed more than 15 days leave on loss of pay on non-medical grounds, in an incremental year, his/her increment is to be deferred.
  2. 2. Deferment of Increment should be done from the notional date of increment and not from the 15th of that month. For example, if a member’s notional date of increment is 5th August ‘92 and if he has availed 20 days leave on loss of pay on non-medical grounds, then his increment will be deferred by 20 days from 5th August and his deferred due date f increment will be 25/8/92 (notional date of increment) for all other purposes and he will be eligible for increments from 1 st August.
  3. 3. If the member has availed 30 days leave on loss of pay on non-medical grounds, his notional date of increment will be 4th September whereas he will be eligible for increments from 1st September.
  4. 4. The annual increment should be deferred in the same year.
  5. 5. Deferment of annual increment of award staff members can be done at Regional Office level without getting prior permission from Central Office.

Note:

  1. 1. The annual increment specified in the scales of pay of the Clerical and Subordinate Staff cadres respectively becomes payable on the first day of the month in which the increment falls due, i.e., every year on the first day of the month of joining the service.
  2. 2. The above provision could be found in Clause 2 of the Bipartite Settlement on “Other Issues” dated’
    8th September 1983, which reads thus:
  3. 3. The increments specified in the various scales of pay applicable to workman shall accrue on annual basis and shall be given effect to on the first day of the month in which it falls due. However, where for any reason whatsoever, the date of increment has to be postponed under the service conditions such postponement will be notionally made in the actual date on which the increment accrues. If on such postponement either in the first instance or on a cumulative basis such date of accrual of increment shifts to any subsequent calendar month, the increment will.be released on the first day of the subsequent month.

(CL 2 of the Bipartite Settlement dated 8th September 1983 on “Other Issues” superseding CL.4.11 of the First Bipartite Settlement dated 19th October 1966).

2. Postponement and Stoppage:

  1. 1. When a workman employee is granted Extra-ordinary Leave, unless the leave Sanctioning Authority specifically directs otherwise, the period spent on such leave shall not be reckoned for increment. It means that the annual increment due for payment as also future annual increments could be postponed to the extent of Extra-ordinary Leave availed by the employee.
    The above provision is spelt out clearly in Clause 13.36 of the First Bipartite Settlement dated 19thOctober 1966 by specifying that the “period spent on such leave shall not count for increments”.
  2. 2. Though the workmen employees have a right as a matter of course to the annual increments provided for in the running scale of pay, the Sastry Tribunal has recognised that the Management also at the same time “should have the right to see that workmen keep up the normal standard of efficiency and not lapse into indifference and inefficiency because of the assured prospect of an incremental scale”. It has accordingly been provided in Para 85 of the Sastry Award that such increments could be withheld or stopped by the Management by way of punishment for proved misconduct of gross inefficiency.
  3. 3. Para 85 of the Sastry Award spells out the directions of the Sastry Tribunal as quoted below:
    increments should normally be given and stoppage of increments by Managements should be only by way of punishment for ‘proved misconduct or gross inefficiency If an employee’s increment is to be withheld, it should only be done after a proper charge-sheet has been framed against him and he has been given adequate opportunity to defend himself. The order in writing withholding the increment should also mention whether it will have the effect of postponing future increments.
  4. 4. The Management’s right to stop increment as a measure of punishment is reaffirmed in clauses19.6 and 19.8 of the First Bipartite Settlement dated 19th October 1966. In terms of Clause 19.6 an employee found guilty of gross misconduct may have his increment stopped arid in terms of clause.19.8. an employee found guilty of minor nus conduct may “have his increment stopped for a period not longer than six months.
  5. 5. Visualising exceptional circumstances of considerable dwindling of profitability and substantial diminishing of business, the Sastry Tribunal felt it desirable to clothe the Banks with the right for a general withholding of annual increment of one and all of the employees during any particular year as a temporary measure of retrenchment of working expenses. (Para 86 of Sastri award)

Increment/Graduation Increments/Stagnation Increments:

  1. 1. If both professional qualification graduation/increment and the stagnation increment are due on the same date, the higher of the two, i.e., the stagnation increment should be released on the due date and the professional qualification graduation allowance one year thereafter.
  2. 2. If an employee refuses to accept an allowance carrying post or a higher allowance carrying post, he may still be allowed to earn stagnation increments. Only when he refuses the offer of promotion made to him in writing, after one year from the date of promotion he should not be given any stagnation increment which accrues to him thereafter.
  3. 3. Eligibility for promotion is not the same as an offer for promotion. Similarly, refusal to appear for a promotion examination is not the same as refusal to accept promotions. As such, employees who fall in the former category shall be eligible for stagnation increment.

Release of increments for the period under suspension upon reinstatement (PD/CIR/76/B/7376 of IBA)

In terms of the provisions of the First Bipartite Settlement, if upon conclusion of the enquiry it is decided to take no action against the suspended employee, then he shall be deemed to be on duty and shall be entitled to full wages, allowances and all other privileges for the period of suspension. If some punishment other than dismissal is inflicted, the whole or part of the period of suspension, may at the discretion of the Management be treated as on duty with the right to a corresponding portion of wages, allowances, etc.

The union representatives have been contending that non release of notional increments for the period of suspension tantamounts to double punishment. Further, they contend that the disciplinary authority imposes punishment depending upon the gravity of the issue etc., and the question of increment/s withheld so to say, during the period of suspension is never gone into by the disciplinary authority.

On a suggestion from the Chairman, IBA, the Personal Committee of the Association at its meeting held on 31/3/1992 had a relook into this matter and decide as under:

The disciplinary authority should invariably specify while passing orders regarding the punishment as to whether the increment/s for the period of suspension are to be released or withheld. If the order is silent in this regard then it should be construed that lncrernent/s fallen due during the period of suspension are to be released from the date the suspension is lifted”.

Notes

Pursuant to the above decision many banks have made enquiries with IBA whether past cases have to be reopened and fixation of pay done accordingly/the personnel committee of the association at its meeting held on 20-5-93 decided as under

“penalties awarded on or after 13-6-92(date of issue of IBA circular No. PD/CIR/76/B/M/376) should be interpreted in terms of clarifications given be the personnel committee. Decisions taken on past cases (penalties awarded prior to 13,June,1992) as per the prevalent practice in the respective banks should not be opened, for practical considerations. (IBA Cir.PD/CIR/76/B/M/384 dated 11-6-93)

Effect of revision in pay scales on computation of subsistence allowances in the case of workmen employees. (CO 7(f)/74 dt.1998-99 Dt: 22.9.98)

Reference is invited to our Circular Memo No.7(f) 56 of 1995 -96 dated 1.9.95 wherein vide point No.7 we had advised branches that for those who had been suspended prior to.11.92, there would be no change in the subsistence allowance arising out of the salary revision, and accordingly, no arrears will be payable unless the period of suspension is treated as ‘on duty’. It was based on the decision given earlier by IBA on 5.10.89. IBA, on a review of the above decision, has now advised that the workmen employees under suspension will be eligible to be paid subsistence allowance reckoning the revised scales of pay on account of salary revision even if the date of suspension is prior to the effective date of salary revision which will be in line with the decision of Madhya Pradesh and Haryana High Courts relating to payment of subsistence allowance to workmen employees in banks. As such, cases of workmen employees who are now under suspension and in whose case salary revision has taken place, subsequent to their suspension, may be reviewed in view of the above decision and be paid arrears of subsistence allowance.

It is to be noted that arrears will be payable only in the case of workmen employees who have been suspended prior to 1.11.92 (effective date of salary revision under VI th Bipartite Settlement) and are still under as on 11.8.98.

However, there shall be no change as regards subsistence allowance payable to employees/officers under suspension.

In partial modification of our circular Memo No.7(f) 5’6 1995-96 dated 1.9.95, we give below the operational instructions.

Operational Instructions:

  1. 1. If date of salary revision of a suspended award staff member falls during the period of his/her suspension, the revision in scales of pay on account of salary revision is to be reckoned for calculation of subsistence allowance to award staff keeping in view the specific provisions of Awards/Bipartite Settlements.
  2. 2. The decision to reckon the revision in scales of pay that fall during the period of suspension for the purpose of computation of subsistence allowance shall have only prospective effect, i.e. it will apply in respect of award staff who are under suspension as on 11.8.98.
  3. 3. As such, arrears of subsistence allowance will be payable only to those suspended award staff members whose date of suspension is prior to 1.11.92 (effective date of salary revision under Vllth Bipartite Settlement) and are still under suspension as on 11.8.98.
  4. 4. Branches may calculate the arrears of subsistence allowance as 1/3 or 1/2 or full pay and allowances, as the case may be, payable to those award staff members, who have been suspended prior to1.11.92 and are still under suspension as on 11.8.98 and pay them accordingly.
  5. 5. In case of officers, the revision in scales of pay are not to be taken into account even if the date of suspension is prior to the date of salary revision.
  6. 6. Branches and Regional Offices are advised to be guided by the above instructions. Regional Offices will ensure that this circular is brought to the notice of all the Disciplinary Authorities attached to their respective offices.

Reckoning of annual increments during the period of suspension for calculating subsistence allowance to workmen employees.(EST 17/98/99 dt. 4.4.98, IR Dept.)

Reference is invited to our Circular Memo 7(f) 163 ofl980 dated 20.9.80 and permanent circular Ref.No.EST/192/88 dated 21.01.1988 wherein CO had advised branches that if he normal date of annual increments of a suspended award staff member falls during the period of his/her suspension, then the annual increment should NOT be reckoned for the purpose of calculation of his subsistence allowance from that date. It was based on the decision given earlier by IBA on 5.2.87. IBA, on a review of the above decision, has now advised that banks are to reckon the increments which fall during the Period of suspension for calculation of subsistence allowance to ward staff keeping in view the specific provisions of Awards/Bipartite Settlements. In partial modification of our Permanent circular Ref.EST/)92/88 dated 21.1.1988, we give below the operational instructions as per the present decision of IBA.

Operational Instructions

  1. 1. If the normal date of annual increments of a suspended award staff member falls during the period of his/her suspension, the increments which fall due. during the period of suspension are to be reckoned for calculation of subsistence allowance to award staff keeping in view the specific provisions of Awards/Bipartite Settlements.
  2. 2. The decision to reckon the increments that fall during the period of suspension for the purpose of computation of Subsistence Allowance shall have only prospective effect i.e. it will apply in respect of award staff who are under suspension as on the date of IBA Circular i.e. 17.2.98.
  3. 3. The subsistence allowance to such of those award staff who are under suspension as on 17.2.98 are to be arrived at by notionally reckoning the annual graded increments, which fall due since their suspension and payments made prospectively i.e. from 17.2.98. Branches may calculate the arrears that become payable on account of revised subsistence allowance from 17.2.98 and pay the same to such of those employees who are under suspension as on 17.2.98.
  4. 4. The above operational instructions is in respect of calculation of subsistence allowance payable during the period of suspension only. The question of actual release of increments that have fallen due during the period of suspension will be decided by the Disciplinary Authority at the time of passing original orders of punishments both in respect of officers and award staff.
  5. 5. In case of officers, the annual graded increments are not to be taken into account while computing and paying Subsistence Allowance in view of the Regulation 14 of lOB Officer Employees Discipline& Appeal Regulations 1976.
  6. 6. If Disciplinary Authority decides not to release the increment that has fallen during the period of suspension, the award staff/officer would not be entitled to the same notwithstanding the fact that award staff had drawn subsistence allowance based on increments that have fallen during the period of suspension, and such increment will not become part of pay on revocation of suspension.
  7. 7. Branches and Regional Offices are advised to be guided by the above instructions. Regional Office may see that this Circular is brought to the notice of all the Disciplinary Authorities attached to their office for necessary compliance.

All other instructions given in Permanent circular Ref.No.192/98 dated 21.1.98 remain unchanged.

Note: Read also chapter on Disciplinary Proceedings under the Head “Subsistence Allowance”.

Effect of rigor of punishment on release of Stagnation - Increment(s) to workmen

(Personnel Department CIR/PD/76/B/M/1242 December 28, 2006)

In terms of the Bipartite Settlement, the Clerical subordinate staff on reaching the maximum of respective scales of pay shall be eligible for six stagnation increments at the rate of Rs. 560/- and Rs. 270/- each under the Settlement and at frequencies of 3 years and 2 years respectively from the date of reaching the maximum of their respective scales.

One of the penalties that can be imposed on a workman found guilty of gross misconduct is bringing him down to a lower stage in the scale of pay upto a maximum of two stages (clause 6(e) of the Bipartite Settlement dated 10.04.2002).

Whether or not the above penalty imposed on a workman, who has reached the top of the scale, will affect the date of release of stagnation increment(s) to him, was examined by the Personnel Committee of the Association in its meeting held on 9th August, 2006. The Committee deliberated on the issue and was of the view that the penalty which is awarded to a workman for proven gross misconduct should have some rigor when in fact increments can be stopped with cumulative effect. The Committee decided that the penalty as in clause 6(e) of the Bipartite Settlement dt. 10.4.2002 should be more rigor us than clause 6(f) and therefore would affect release of future stagnation increments. In effect, the release of stagnation increments will be delayed by the period spent by the employee at a stage below maximum

IMPORTANT NOTES:

* Non-payment of subsistence allowance will vitiate the enquiry?

Non-payment of subsistence allowance, apart from inviting penal action against the employer for breach of settlement or Act, would make the enquiry defective. For non-payment of subsistence allowance the employee may not attend the enquiry, and the exparte enquiry in the given situation would be bad in law.

  1. i. The employee is entitled to annual increments as a matter of course and it is not bounty:
  2. ii. Stoppage of increments can only be as a matter of punishment.
  3. iii. Increment could be stopped only by way of punishment for proved misconduct or gross inefficiency;
  4. iv. If the employee had three adverse remarks recorded against him after proper enquiry by the management, it will be a prima facie case of stoppage of increment at the next stage and for the next year;
  5. v. If the employee’s increment is to be withheld, it should be only after proper charge-sheet has been framed and adequate opportunity is given to defend himself;
  6. vi. The order should also mention whether it has the effect of postponing future increments also.

To get the answer of the said question of Sastri Award in unmistakable terms, states that if three adverse remarks have been registered against the employee after proper enquiry, it may be taken as prima facie case for “stopping the increment as the next year”. The Award, therefore, countenances a stoppage of increments falling in future after the employee has been found guilty and not before that. Pendency of disciplinary enquiry, it cannot be said that the employee is guilty of misconduct or gross inefficiency, much less proved misconduct, as required under Sastry Award for stoppage of increment.

(The Workman of State Bank of India and Secretary Vs. Treasurer of the S.B.I., Madras-1, The Industrial Tribunal LLJ1985, Vol-II P.239).

* Whether Increment could be stopped with retrospective effect?

“The increment that could be stopped by way of punishment could only be that increment which could be falling due after the employee was found guilty in a proper departmental enquiry. Pendency of proceedings would not entitle the management to withhold payment of increment to an employee retrospective, if found guilty. (Workman of State Bank of India v. State Bank of India, Madras and other 1985(66) - FJR- P.332 (Madras High Court)

* What would be the impact of suspension on salary revision?

If the date of suspension is prior to the date of salary revision, there will be no change in the Subsistence Allowance arising out of the salary revision and accordingly no arrears will be payable unless the period of suspension is treated as on duty. If, however the date of suspension is subsequent to the date from which the salary revision is effective, the concerned employee will be given the salary revision on the due date and his Subsistence Allowance will be fixed as per his revised salary. The arrears of salary and Subsistence Allowance shall be paid to him accordingly..

However, Bank management should not be confused and they should not misunderstand the last line of Para 85 of the Sastry Award that they have been given the power to withhold the past increments, It only speaks that the order withholding the increment should mention as to whether it will have the effect of postponing future increments also, that is to say, whether it will have cumulative effect.

What is the import of the expression “will have cumulative effect”?

It means postponement of future increments. In other words, the increment which is stopped is lost permanently. Exactly, therefore when there is an order for stoppage of one increment, the employee would be entitled to draw his next Increment not on the day when It falls due one year after. That is Mechanism of implementation and the net effect is that the employee will cover the span if it is 20 years, by 21 years. Thus, he IS to swim in the grade one year more.

Note:

When a punishment of stoppage on increment is imposed on an employee with cumulative effect, say 2 increments the same would have the effect of postponing 2 increments in the said scales of pay. However, It would not be in order beyond a particular Basic Pay before the maximum scale is reached.

“” Whether the management of a bank can stop or withhold increments ALREADY EARNED as a measure of punishment on account of proved or admitted misconduct?

As a matter of fact, the management has no right to withhold the increment which has fallen due, as a measure of punishment. What they are authorised to do is to stop increment which will fall due in future.

If the management is allowed to withhold increment already earned by an employee, it would imply authorising the management to withhold increment retrospectively by way of punishment because Para 85 of the Sastry Award does not clothe the management with such power. The earlier decision of single judge (S.B.1. v LT. Madras, FLR 1977 (35) P.273) wherein it was held that “once the employee is found guilty of misconduct as to from what date the increment has to be withheld is entirely within the discretion of the management. The said decision is altered and considered as bad law, vide decision of Division Bench of Madras High Court in case of The Workmen of the State Bank of India v. Secretary and Treasurer of the State Bank of India and The Industrial Tribunal, Madras supra.

“” Whether there is scope for general withholding of Increments during any particular year arising out of exceptional circumstances?

In terms of Para 86 of the Sastry Award, annual increments for any particular year may be stopped at the discretion of the bank if the ratio of its gross profit to the working funds during the previous year is less than 75 percent of the average of similar ratios for the four years immediately preceding that previous year provided, however, that -

  1. 1. No discrimination is made amongst employees of the bank in the matter of withholding the annual increment and the withholding of the increment applies to the entire staff of the bank consisting of all its officers and clerical staff (subordinate staff being excluded).
  2. 2. There shall not be any withholding of increments more than once, in any consecutive four years. So in our own interest let pledge to continuously increase the profit of our Bank and work for it.

“” What shall be the date of sanction of increments for passing CAIIB Examination?

Increments for educational qualifications are to be granted from the dates on which the results are announced.

“” Whether a pass in M.A. Examination with Hindi of Tirupati University without obtaining B.A. degree of any recognised university would be considered equivalent to graduation for the-purpose of grant of two increments?

It is being treated as equivalent to graduation for the purpose of grant of two increments in tune With the Central Government’s letter no.6/1/64/EST dated 19.4.1964, it is now considered by IBA Vide 8 BPS.

DEFERMENT OF INCREMENTS AND REDUCTION IN SCALES OF PAY

ILLUSTRATIONS

pg65

(B)

Penalty: Reduction in Pay by two stages in the time scale for a period of Two Years with further directions As in Sub-regulation (f)

Date of Penalty: 01.02.2004

Under the four possibilities as in Regulations 4 (f), the Basic Pay movement of the officer during the currency of the penalty would be as follows:

Case 1: (officer earns increment during the period of punishment – without cumulative effect:)

Date

Basic Pay in the Normal course

Basic Pay after penalty

1.09.2003

12350

12350

1.02.2004

12350

11410

1.09.2004

12820

11880

1.09.2005

13320

12350

1.02.2006

13320

13320 (Reduced Basic Pay Restored)

1.09.2006

13820

13820

It should be noted that the reduction of pay by two stages is constant throughout the punishment period; on the expiry of the period of punishment the officer’s pay will be restored to the stage in the time scale which he would have reached in the normal course but for the implementation of punishment is similar to that in Regulation 4 (e)

Case 2: employee/officer earns increment during the period of punishment – with cumulative effect)

Date

Basic Pay in the Normal course

Basic Pay after penalty

1.09.2003

12350

12350

1.02.2004

12350

11410

1.09.2004

12820

11880

1.09.2005

13320

12350

1.02.2006

13320

12350

1.09.2006

13820

12820

The reduction of pay by two stages is constant throughout the punishment period and will have the effect even after the period of punishment is over, since it is to have cumulative effect. Employee/officer will not earn increment during the period of punishment –without cumulative effect:

Date

Basic Pay in the Normal course

Basic Pay after penalty

1.09.2003

12350

12350

1.02.2004

12350

11410

1.09.2004

12820

11410

1.09.2005

13320

11410

1.02.2006

13320

13320

1.09.2006

13820

13820

The employee/officer would continue to draw the reduced pay of Rs. 11410/- throughout the period of punishment and on the expiry of the punishment period his pay will be fixed at the stage in the time scale which he would reach but for the punishment as it has been ordered that the period of reduction will not have effect of postponing his future increments.

Case 4: employee/officer will not earn increment during the period of punishment –with cumulative effect):

Date

Basic Pay in the Normal course

Basic Pay after penalty

1.09.2003

12350

12350

1.02.2004

12350

11410

1.09.2004

12820

11410

1.09.2005

13320

11410

1.02.2006

13320

12350

1.09.2006

13820

12820

On the expiry of the period of punishment i.e. on 01.02.2006 the pay will be restored to the same stage in the time scale from which he was reduced i.e. Rs 12350/-the period from 1.092003. to 31.01.2004 during which he drew the Basic pay of Rs 12350/- will be taken in to account for determining the date of his next increment and he will draw his next increment to the stage of Rs 12820/- from 1.09.2006 (i.e.) two years will be ignored in arriving the date of next increment

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Business, Investing & Management | 46 Chapters

Author: S Srinivasan

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