- (1.) THIS intra-court appeal is directed against the order dated 15.09.2011 as passed in S. B. Civil Writ Petition No.4366/2005 whereby the learned Single Judge of this Court has allowed the writ petition filed by the present respondents seeking directions that the appellant would formulate and implement a pension scheme for the employees of Regional Rural Banks ('RRBs'). The learned Single Judge has allowed the writ petition with reference to and while relying upon the order dated 22.03.2011 as passed by the learned Single Judge of the Hon'ble Karnataka High Court in Writ Petition No.20034/2003: All India Regional Rural Bank Employees' Association & Ors. Vs. Union of India & Ors. wherein, the identical issue was decided in favour of the similarly placed employees.
(2.) IN the impugned order dated 15.09.2011, the learned Single Judge of this Court has directed as under:- "Accordingly, the writ petition is allowed. The respondents are directed to take steps to ensure that the modalities are worked out for a pension scheme in the line with the pension scheme formulated for the employees of the 58 nationalized banks in terms of the Memorandum of Settlement dated 29.10.1993 at Annexure-3 to the writ petition with such changes as would be appropriate and keeping in line with the present circumstances, including such other relevant criteria that could be reasonably agreed upon in consultation with the employees. Since the petition is pending since the year 2005, the respondents are directed to expedite the process and implement the same within a period of six months from the date of receipt of a copy of this order." In brief, the relevant background aspects could be noticed as follows: The respondent No.1 herein (the writ petitioner No.1) is said to be a registered society of retired employees of the RRBs in the State of Rajasthan. The writ petition leading to this appeal was filed stating grievance against inaction of the appellant in implementing the bi-partite Settlement dated 29.10.1993 as entered into between the Management of 58 Nationalized Banks and the Association of their workmen. It was submitted that as per the directions of the Hon'ble Supreme Court in the case of South Malabar Gramin Bank Vs. Co-ordination Committee of South Malabar Gramin Bank Employees' Union & South Malabar Gramin Bank Officers' Federation & Ors.: (2001) 4 SCC 101, as and when the pay structure of the Nationalized Commercial Banks would get revised on the basis of any bi-partite settlement, the Central Government was under obligation to take a decision so far the employees of the RRBs were concerned; and such employees of RRBs were required to be treated on equal footings and at par with the employees of National Commercial Banks as regards the pay, allowances and other benefits. The writ petitioners referred to the history of the matter where, on the issues relating to the pay structure of employees of RRBs and particularly the claim of parity by such employees vis-a-vis the employees of Nationalized Commercial Banks (the sponsor Banks for the RRBs) ultimately led to constitution of a National Industrial Tribunal ('NIT') consisting of the retired Chief Justice of Andhra Pradesh High Court as Chairman. The writ petitioners also referred to the facts that the NIT held in its award dated 30.04.1990 that the officers and other employees of RRBs will be entitled to claim parity with the officers and other employees of sponsored Banks in the matter of pay scale, allowances and other benefits with effect from 01.09.1987; and thereafter, the Government of India proceeded to constitute an Equation Committee under the notification dated 05.10.1990 who submitted its report on 16.01.1991 pursuant whereto, the Government issued instructions on 22.02.1991 for implementation of the NIT's award and the Equation Committee's recommendations. The petitioners also referred to the fact that National Bank for Agriculture and Rural Development ('NABARD') constituted a Working Group for in-depth study of various aspects including issues arising out of implementation of the said award and recommendations of the Committee and ultimately, under the order dated 30.03.1993, NABARD implemented the report of the Working Group as regards equation of posts, extension of allowances and benefits and other miscellaneous matters with necessary changes. It was submitted that this way, the benefits of IV and V bi-partite Settlements relating to the employees of the Nationalized Commercial Banks came to be implemented. It was submitted that a supplementary settlement was arrived at on 29.10.1993 between the Management of 58 Nationalized Banks and their workmen whereby, the pension scheme was made applicable in relation to all the Nationalized Commercial Banks. The writ petitioners-respondents contended that when by the said settlement, pension as retirement benefit was made applicable to all the employees of Nationalized Commercial Banks, in the light of the NIT award and judgment of the Hon'ble Apex Court, the Central Government was duty bound to implement such pension scheme in RRBs so as to maintain parity in respect of pay structure, other allowances and benefits for the employees and officers of RRBs vis- �-vis their counterparts in Nationalised Banks.
(3.) IT was pointed out that the writ petitioner society and other retired employees of such RRBs, referred as sponsored banks, filed a writ petition before the Hon'ble Supreme Court seeking such relief of implementation of the pension scheme but were directed to approach the High Court for redressal of the grievances. The writ petitioners-respondents further submitted that raising an identical issue, the aforesaid petition was filed before the Hon'ble Karnataka High Court by All India Regional Rural Banks Employees' Association & Ors.; and the same was allowed on 22.03.2011 with directions to the appellant to implement the said Settlement dated 29.10.1993 for the employees of RRBs also on the basis of the ratio of the decision in South Malabar Gramin Bank (supra).;