Sup Voice Sep-Oct 2013.Pmd
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SEP.-OCT. 2013 SUP-VOICE FEDERATION NEWS CHECK-OFF: CONTEMPT CASE BY AISBOF JUSTICE AT LAST…… 10th September, 2013; as we stood in the Court with further plans to attack, demoralize, putdown and Hall No.11 of the Madras High Court, we had mixed humiliate people. “Ask them to express remorse!” “I feelings. Mr.Pratip Choudhuri, the former Chairman will dismiss all of them”, “I will meet you all in was to make a personal appearance in the contempt Supreme court” were some of the utterances, all proceedings in the Check – Off case filed by the filled with venom. The series of violations in Transfer Federation. And he appeared in person in the Policies and attacks on officers which have presence of the Hon’ble Justice. inconvenienced many need not be repeated. Lady Officers, who are 59 years, who were sick, who had 2. However much we all tried to forget, still, images problems were also mercilessly transferred of the past came flashing by. On the 4th of October, thousands of kilometers away. The word 2012 when the Federation leaders met him amidst compassion and mercy had lost its significance. a huge gathering of MD’s, DMD’s and CGM’s of all Indiscriminate transfers violating all agreed bilateral the circles, a pre-arranged audience to demonstrate policies took place. It was only fear and fear and his arrogance and dictatorship, he shouted and said fear all the way. “apologise and publish it in your website, make it public”. The intention was to embarrass and to insult. 3. Such a person, arrogance personified, stood Today, standing in the Court hall, when an in front of the Hon’ble Justice apologetically. In fact unconditional apology was tendered in front of public, all the Officers should have been happy, but still, in front of the press and in front of the advocates none rejoiced. We were all pained and sad. Not for present, he stood pathetically, vanquished. One the man, but for the Bank. Because of his ill deeds could not help but comparing. The Law of Natural and dis-obeyance of the Court Order, he had put Justice and the Law of Nature operates and the mighty Bank into embarrassment in Public averages out. He had utilized every opportunity … domain. The image of the Bank was at stake. No,….. created opportunities to insult and put down Washing dirty linen in public could have been people. He would call General Secretaries at avoided, not if he loved the Bank like a ‘mother’ as branches and insult them, call their controllers to he used to proclaim. We are writing this with pain insult leaders, fix cameras around leaders. HR and hurt feelings. Conclaves, Video conferences, Webcasts in SBI 4. If he had implemented the order of the Times were utilized to insult. His actions of punishing Hon’ble Court, it would have been an leaders through downgrading and increment cuts, honourable exit for both, the Bank and the putting unblemished leaders into 19(3) and hurting Federation. It would have been a Win-Win their innocent families, withholding of gratuity situation, which is always desirable. If one puts overlooking the payment of gratuity act, a mandatory down people, he should also be prepared to be regulation, erratic transfers to curtail Association put down. None can presume to be greater than activities and innumerable such acts which stink of the Hon’ble Court and justice. We did not fire a cruelty and inhuman behavior, flash by like images. bullet. He fired it against himself. Things were carried The day would begin with planning insults and end too far. 3 SEP.-OCT. 2013 SUP-VOICE 5. The proceedings were over and at the end of it being too short to effect changes in the HRMS. They all, quietly he moved away from the huge crowd of made a prayer to the court that a minimum period of people, unnoticed, along with his galaxy of advocates, eight days were required to effect the changes and one attorney general from Supreme Court, another reintroduce check off in HRMS. Well! this was a attorney general for South Zone and a Senior statement made by the Bank in the Hon’ble High advocate of Chennai and his usual coterie, yes men, Court of Chennai making a wrong statement under and advisors. All the money, power and influence oath/affidavit could amount to perjury! All the officers could not buy justice. Alas…… Nature has its own in the bank and those working in HRMS and way of averaging out. Justice may be delayed but especially at Belapur know the truth, that if required, not denied. Yes Justice was rendered. Truth this could have been affected in the salary of 25/09/ Triumphed. 2013. It was just a matter of few hours. 6. For the information of members we are 8. Thereafter a contempt case was filed. The herewith narrating the sequence of the events at the Hon’ble High Court had summoned Mr.Pratip Madras High Court that unfolded on 10th Sept. 2013. Chaudhuri the then Chairman and the CGM HR for Personal appearance on 30/09/2013. But Mr Pratip 7. The Check-off facility which was in vogue since Chaudhuri did not appear on that day. The Hon’ble 1970’s made available to the Associations and the High Court summoned him again for personal Unions in State Bank of India was unilaterally appearance on 10th Oct, 2013. Mr. Pratip Chaudhuri withdrawn by the bank through a letter dated 17th was therefore present in the court in person. He September 2013, on flimsy grounds and under the was asked to be identified. The bank then tendered pretext of availability of alternate technology an unconditional apology. The Senior Counsel for channels. The Federation took up the issue through the bank assured the Hon’ble judge that the correspondence, negotiations and persuasion. We subscription for the month of September 2013 would had informed the bank that the whole issue was be paid before 15/10/2013 by debit to the suspense sensitive and an emotional issue and had to be account and credited to the respective circle sorted out. But our fervent appeals and pleas were Associations. not respected. But the bank decided the go ahead and implement the unilateral withdrawal in the salary 9. M/s Vaighai, Sr.Advoate Chennai High Court of September 2013. The Hon’ble High court of who argued the case for the Federation had Madras granted a stay on the impugned order to the presented a water tight case. In the affidavit filed by Chennai Circle Association on 23/09/2013. the Federation, the entire technical intricacies of the Thereafter on 24.09.2013 in response to the writ filed working of the HRMS, the sequence of steps by the Federation, the Hon’ble court extended the involved in implementing/non implementing the stay to all the circles. On the 25/09/2013 when the check-off, the logic on how the check off could have bank tried to move a modification application, and been implemented in a few hours and the efforts of vacate the stay, the Hon’ble judge refused to vacate the federation to sort out the issue amicably were the stay. The stay order was operative. But the bank highlighted. It was argued by the advocate for the did not implement the stay and chose to disburse federation that Mr. Pratip Chaudhuri cannot now the salary without the check off to all the circles represent the bank and hence has to file an affidavit except the Chennai Circle, under the pretext of time in his personal capacity which has been accepted 4 SEP.-OCT. 2013 SUP-VOICE by the banks counsel in the presence of the Hon’ble will be removed so that the bank, the officers and judge. the federation can work together in an atmosphere of cordial Industrial relations and channelize all the 10. Com.B.K.Awasthi, President-AISBOF, energy into productive channels. We are all aware Com.Y.Sudarshan, the General Secretary of the of the challenges that the Bank is facing in the Federation, Com. Thomas Franco Rajendra Dev, current global and national economic scenario. the General Secretary of the Chennai Circle Therefore we appeal to all our officer comrades to Association along with a number of officers of rise up to the occasion and contribute whole Chennai Circle were present. heartedly in taking the bank to greater heights. 11. We take this opportunity to thank all the well 14. Today the Bank has very sportingly put up the wishers and all the comrades from all over the news paper clip of Business standard on the Check- country who stood by the federation and extended Off issue in the SBI Times. Also all the derogatory moral support. We also thank Com. Thomas Franco and negative upload has been removed. Comrades, Rajendra Dev and his team of comrades from this is a change in approach and a very positive one. Chennai Circle who helped in gathering material and putting the issues in proper perspective before the 15. We all hope that this will pave way for a better advocate. We express our thanks to M/S Vaigai and understanding of each other. We appeal to the team for the legal support rendered and the excellent Management that we should begin with a clean slate and logical manner in which the case was put up. in an atmosphere of mutual Trust and team spirit. 12. Comrades, Now the situation is changing. 16. Let us all join together to pledge our support to all progressive and positive endeavours of the new The undersigned along with the President chairperson and work like a family that State Bank Shri.B.K.Awasthi and the Jt.General Secretary is known for since ages and continue to remain Shri.Ramkumar Sabhapathi had an occasion to visit partners in progress.