Madras High Court
A.S.Syed Sulaiman vs Https://Www.Mhc.Tn.Gov.In/Judis ( ... on 24 March, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P.Nos.13169 and 13231 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.Nos.13169 and 13231 of 2011
1.A.S.Syed Sulaiman
2.K.Panneerselvam
3.G.Balachandran
4.N.V.Thiagarajan
5.V.Srinivasan
6.S.RAmalingam
7.G.Elangovan
8.N.Kumar
9.S.S.Hemalatha
10.L.Lakshmi Narasimhan
11.R.Varalakshmi
12.P.Raghunathan
13.S.Krishnamurthy
14.S.Gurumurthy
15.K.Narayanan
16.T.C.Jaganathan ... Petitioners in W.P.No.13169 of 2011
1.M.Devadoss
2.S.Chandra
3.K.Chandrasekharan
4.K.Manickavasagam
5.M.M.Thirumalachari
6.V.Maharajan ... Petitioners in W.P.No.13231 of 2011
Vs.
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W.P.Nos.13169 and 13231 of 2011
1.Union of India,
Rep by its Secretary,
Banking Division,
Ministry of Finance,
New Delhi – 110 001.
2.Indian Banks Association,
Rep by its Chairman,
World Trade Centre,
6th Floor, Centre – 1, Cuffe Parade,
Mumbai – 400 005.
3.Canara Bank,
Rep by its Chairman and Managing Director,
Head Office, No.112, J.C.Road,
Bangalore – 560 002.
4.Syndicate Bank,
Rep by its Chairman and Managing Director,
(a Government of India Undertaking),
Post Box No.1
Manipal – 576 104.
(Udupi Dist) Karnataka.
5.Bank of India,
Rep by its Chairman and Managing Director,
STAR HOUSE, C-5, “G” Block,
Bandra Kurla Complex,
Bandra (East),
Mumbai – 400 051.
6.All India Bank Employees Association (AIBEA),
Rep by its General Secretary,
Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai – 600 001.
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W.P.Nos.13169 and 13231 of 2011
7.National Confederation of Bank Employees (NCBE),
Rep by its General Secretary,
C/o.State Bank of India – LHO,
3rd Floor, Bhadra, Lal Dharwaja,
Ahmedabad – 380 001.
8.Bank Employees Federation of India (BEFI),
Rep by its General Secretary,
Naresh Paul Centre,
No.53, Radha Bazar Lane,
(First Floor), Kolkata – 700 001.
9.Indian National Bank Employees Federation (INBEF),
Rep by its General Secretary,
Bajaj Bhawan, I Floor,
Nariman Point, Mumbai – 400 021.
10.National Organisation of Bank Workers (NOBW),
Rep by its General Secretary,
Ram Naresh Bhawan, Tilak Gali,
Chuna Mandi, Pahar Ganj,
New Delhi – 110 055. ... Respondents in W.P.No.13169 of 2011
1.Union of India,
Rep by its Secretary,
Banking Division,
Ministry of Finance,
New Delhi – 110 001.
2.Indian Banks Association,
Rep by its Chairman,
World Trade Centre,
6th Floor, Centre – 1, Cuffe Parade,
Mumbai – 400 005.
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W.P.Nos.13169 and 13231 of 2011
3.Canara Bank,
Rep by its Chairman and Managing Director,
Head Office, No.112, J.C.Road,
Bangalore – 560 002.
4.Syndicate Bank,
Rep by its Chairman and Managing Director,
(a Government of India Undertaking),
Post Box No.1
Manipal – 576 104.
(Udupi Dist) Karnataka.
5.Bank of India,
Rep by its Chairman and Managing Director,
STAR HOUSE, C-5, “G” Block,
Bandra Kurla Complex,
Bandra (East),
Mumbai – 400 051.
6.Dena Bank
Rep by its Chairman and Managing Director,
Dena Corporate Centre,
C-10, G Block,
Bandra-Kurla Complex,
Bandra [E].
Mumbai – 400 051.
7.All India Bank Officers' Confederation (AIBOC),
Rep by its General Secretary,
State Bank Buildings,
St.Mark's Road,
Bangalore – 560 001.
8.All India Bank Officers' Association (AIBOA),
A.K.Nayak Bhavan, 14, 2nd Line Beach,
Second Floor, Behind GPO,
Chennai – 600 001.
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W.P.Nos.13169 and 13231 of 2011
9.Indian National Bank Officers' Congress (INBOC),
Rep by its General Secretary,
C/o. Bank of Baroda,
No.3, Walchand Hirachand Marg,
Ballard Pier, Mumbai – 400 001.
10.National Organisation of Bank Officers (NOBO),
Rep by its General Secretary,
371-B, Kasturi Shanivarpet,
Pune – 411 030. ... Respondents in W.P.No.13231 of 2011
Prayer in W.P.No.13169 of 2011: Writ Petition filed under Article 226
of the Constitution of India, for issuance of a Writ of Declaration,
declaring Clause 32 of 9th Bipartite Wage Settlement dated 27.04.2010
read with Clause (1) and 2 of Pension Settlement dated 27.04.2010
insofar as the said clauses require provident fund optees who are in
service to become pension optees upon contributed 2.8 times of the
revised pay payable for the month of November 2007 to the pension fund
and retired employees to refund in addition to their contribution and the
Bank's contribution with interest thereon an additional sum which
amounts to 56% of the bank's contribution to Provident Fund and interest
thereon received by the employee on retirement or death as arbitrary and
violative of Articles 14, 16 and 21 of the Constitution and consequently
direct the respondents to extend the pension option to the petitioners
without insisting on any contribution to the pension fund and to refund
the amounts paid.
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W.P.Nos.13169 and 13231 of 2011
Prayer in W.P.No.13231 of 2011: Writ Petition filed under Article 226
of the Constitution of India, for issuance of a Writ of Declaration,
declaring Clauses 1 to 5 of Joint Note 27.04.2010 in so far as the said
clauses require provident fund optees who are in service to become
pension optees upon contributing 2.8 times of the revised pay payable for
the month of November 2007 to the pension fund and retired employees
to refund in addition to their contribution and the Bank's contribution
with interest thereon an additional sum which amounts to 56% of the
bank's contribution to Provident Fund and interest thereon received by
the employee on retirement or death as arbitrary and violative of Articles
14, 16 and 21 of the Constitution and consequently direct the
respondents to extend the pension option to the petitioners without
insisting on any contribution to the pension fund and to refund the
amounts paid.
For Petitioners : M/s.D.Nagasaila
(in both W.Ps)
For Respondents : Ms.T.Hemalatha
(in both W.Ps) for R2 and R4
Mr.C.Seethapathy
for R3
Mr.D.Muthukumar
for R5
No Appearance for R1, R6 to R10
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W.P.Nos.13169 and 13231 of 2011
COMMON ORDER
These cases are listed under the caption “for dismissal”, as there is no representation on behalf of the petitioners on the previous occasion.
2. Today, the learned counsel for the petitioners would submit that she has no instructions as to whether the petitioners are interested or not interested in pursuing with the relief sought for in the present Writ Petitions.
3. Considering the above, these Writ Petitions are dismissed for non-prosecution. No costs.
24.03.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation : Yes/No jas https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 04:37:32 pm ) 7/11 W.P.Nos.13169 and 13231 of 2011 To
1.Union of India, Rep by its Secretary, Banking Division, Ministry of Finance, New Delhi – 110 001.
2.Indian Banks Association, Rep by its Chairman, World Trade Centre, 6th Floor, Centre – 1, Cuffe Parade, Mumbai – 400 005.
3.Canara Bank, Rep by its Chairman and Managing Director, Head Office, No.112, J.C.Road, Bangalore – 560 002.
4.Syndicate Bank, Rep by its Chairman and Managing Director, (a Government of India Undertaking), Post Box No.1 Manipal – 576 104. (Udupi Dist) Karnataka.
5.Bank of India, Rep by its Chairman and Managing Director, STAR HOUSE, C-5, “G” Block, Bandra Kurla Complex, Bandra (East), Mumbai – 400 051.
6.All India Bank Employees Association (AIBEA), Rep by its General Secretary, Singapore Plaza, https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 04:37:32 pm ) 8/11 W.P.Nos.13169 and 13231 of 2011 No.164, Linghi Chetty Street, Chennai – 600 001.
7.National Confederation of Bank Employees (NCBE), Rep by its General Secretary, C/o.State Bank of India – LHO, 3rd Floor, Bhadra, Lal Dharwaja, Ahmedabad – 380 001.
8.Bank Employees Federation of India (BEFI), Rep by its General Secretary, Naresh Paul Centre, No.53, Radha Bazar Lane, (First Floor), Kolkata – 700 001.
9.Indian National Bank Employees Federation (INBEF), Rep by its General Secretary, Bajaj Bhawan, I Floor, Nariman Point, Mumbai – 400 021.
10.National Organisation of Bank Workers (NOBW), Rep by its General Secretary, Ram Naresh Bhawan, Tilak Gali, Chuna Mandi, Pahar Ganj, New Delhi – 110 055.
11.Dena Bank Rep by its Chairman and Managing Director, Dena Corporate Centre, C-10, G Block, Bandra-Kurla Complex, Bandra [E].
Mumbai – 400 051.
12.All India Bank Officers' Confederation (AIBOC), Rep by its General Secretary, State Bank Buildings, https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 04:37:32 pm ) 9/11 W.P.Nos.13169 and 13231 of 2011 St.Mark's Road, Bangalore – 560 001.
13.All India Bank Officers' Association (AIBOA), A.K.Nayak Bhavan, 14, 2nd Line Beach, Second Floor, Behind GPO, Chennai – 600 001.
14.Indian National Bank Officers' Congress (INBOC), Rep by its General Secretary, C/o. Bank of Baroda, No.3, Walchand Hirachand Marg, Ballard Pier, Mumbai – 400 001.
15.National Organisation of Bank Officers (NOBO), Rep by its General Secretary, 371-B, Kasturi Shanivarpet, Pune – 411 030.
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