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shrikant v. sathe (retired)     03 September 2010

retirement given by janata bank at the age of55 instead of58

              The janata sahakari bank ltd pune had retired its officers at the age of 55 instead of 58.The standing orders which are not registered  are not applicable to officer cadre.If the standing orders are registered  they are applicable to award staff not for officers. Upto 2002 bank was retiring its officers at the age of 58  and for award staff the retirement age was 55+3 years extension according to unregistered standing orders.In 1979 bank had resolved that officers retiring  age would be 58 So from that date to 2002 every officer was retiring at the age of 58.But  inadvertantly bank had resolved that the officers age would be 55.,all extensions were removed.,so that retiring age for all became 55 years. In 2009 bank had taken its retired staff  who was retired after 1/4/2009on contract basis and  on half salary without giving them any other benefits. In 2010 bank had taken a decision to give 3 years extension to everybody including officers. My question is, those officers who were retired at the age of 55 from 2003 to 30 march 2009 were falling in injustice column .They had suffered a loss of Rs 15 to 20 lacs apporx.The management is rigid and not interested in giving them restitution or compensation.Can we file writ petition in this context.or whether we have to go in industrial court?Do we get sucess? The standing orders were not registered ,so does it mean that they are illegal and invalid and void?Please answer me.So what will be the retiring age of all employees in janata sahakari bank if standing orders are not registered .



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 2 Replies

P.ESAKKIMUTHU (LABOUR CONSULTANT)     03 September 2010

AS YOU SAID STANDING ORDER IS NOT APPLICABLE TO OFFICERS.IF THE RETIREMENT AGE IS REDUCED TO 55.HOW AND IN WHAT MANNER IT WAS REDUCED. IF IT WAS REDUCED BY MERELY ISSUING CIRCULAR,IT HAS NO FORCE OF LAW. IF IT WAS REDUCED BY AMENDING THE RULES AS PER LAW ,IT HAS FORCE OF LAW. IF THE RETIREMENT AGE IS NOT REDUCED AS PER LAW AS STATED ABOVE,YOU CAN MOVE THE HC .OFFICERS CAN NOT APPROACH INDUSTRIAL COURTS

SANJAY JOIL (LAW STUDENT)     11 September 2010

I do agree with P.ESAKKIMUTHU sir , with the help of your other collegues (retired at age 55) approach HC for justice and show that you are still fit, efficient and active enough to fight for right.  Sixth pay commission in its report has suggested to increase in age to 62  for government servants.  Except in Kerala, everywhere the retirement age is 58 or 60.  If our   leaders ( who never pay any tax and get all the facility and benefits of cores of rupees) can start their career after  age of 60 ,  why shouldn't our salaried staff (who pays tax sincerely).  Early retirement  sometimes reduces the longevity as it is experienced in many cases.  

However, at the same time , other aspects of lowering retirement age should not be overlooked.  Nowadays, a fresh bank recruits get  starting salary of Rs.10000/- which means  the bank can hire 3 persons in the salary of one (retiring employee)  .  Though these freshers are lacking experiences, they are very comfortable with Computers and latest technology in compare to senior (retiring) officers.  This will definitely help in facing unemployment problem. 

Both the sides has socio economic effects.  If it is the rule for all (including policy makers) there is no problem.  One thing can be done on the merit of the case, where no other earning member exists in the family of retiring employee or  retiring employee having unemployed son or daughter, this age should be extended up to  58.  This can be done with discussion through Unions/ Associations.But in future ,  retirement age will come to 55 . 


 



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