शनिवार, 26 अगस्त 2017

Options for EPS 95 Pension

Dear Apex Council Members,

The following WhatsApp message from Sri Gurumukh Singh, which was circulated to Sr. Members of the Core Group, is reproduced below for your kind perusal.  

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"I along with 10  representatives of various exempted Central PSUs (NTPC, IPC, BPCL ONGC, PFC) met Advocate S/Shri Anip Sachthey and  Aditya Dhawan on 25.08.2017 in Delhi and deliberated the case vis-a-vis SC Judgment with the advocates. We also discussed on the circulars issued by  CPFO dated 23.03.2017 and 31.05.2017 and its merit.

You are aware,  Shri Anip Sachthey & Shri Aditya Dhawan are Supreme Court lawyer and are famous for the case of RC Gupta Vs EPFO fight where SC has given the landmark judgment against CPFO and EPFO.

The advocates has agreed to take up the case and wants to fight the same in Supreme Court on our behalf mainly with the contention of scrapping arbitrary advisory dated 31.5.17 which has no legal locus-standi nor any reference in any of the judgment. The advocate requested the delegation to submit a write up on EPS 95 issue along with all the relevant documents in seritum available with every individual Association.

The advocate has asked an initial fee of Rs 2.5 lac per Association to fight the case.

This is for information of EPS95 friends."

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Observations and suggestions from Dr.V.N.Sharma: Based on WhatsApp interaction with other PSUs and their Fed/ Assn I have the following to say:
  1. Hoping that CBT might decide the issue in our favour, of rejecting the 31st May 2017 EPFO Circular against Exempted Establishments, most of the PSU Retirees Associations/ Federations are keeping the Court route on hold for the outcome of CBT meeting (which is not scheduled yet.)
  2. Since CBT route will get each one of us an opportunity to go ahead with the Pension process it is preferred whereas Court route will require each and every interested member to sign Petition/ Vakalatnama because only Petitioners will get the advantage of the favourable Court Order. 
  3. FORSE (Dr.VNSharma on our behalf) has served a Legal Notice to EPFO, New Delhi. Even if it is replied it may not be very helpful.
  4. Preliminary legal advice recd through informal channels are 
  • that since we do not have direct membership of FORSE it will not be helping members as each interested member will have to sign the Petition/ 'Vakalatnama'.
  • that in case FORSE is expected to go to Court it will be Bhubaneshwar High Court only as its Jurisdiction is limited to Dist of Sundargarh.(It does not have All India operational jurisdiction). - Sri Abhay Das to check it please.
  • All Regd Associations only can go to High Court with signature of each interested members on the Petition/ Vakalatnama.  
  • An estimate of expenses can be had from the above highlighted 'an initial fee of Rs 2.5 lac per Association to fight the case. Final amount can be anybody's guess.
  • Individual Unit Associations of FORSE may please consider the financial engagement & involvement before taking a decision on the issue. 
  • Since Regd. Unit Associations will have to take the legal route the decision of the Unit Associations, in my opinion, will have to be independent of FORSE or sister Unit Associations.
I request you all to kindly (i) discuss the EPS 95 issues seriously with formal legal advice from a competent lawyer (No hearsay please), (ii) check the above facts with the lawyer and (iii) take appropriate decisions with an estimated number of Petitioners from your Unit and financial commitment of the members. 

I assure you of updating you all as and when it is needed so that Units take appropriate decision before coming to Salem.

With warm regards,
--
For & on behalf of Federation of Retired SAIL Employees (Regd)
Dr.V.N.Sharma, Chairman 

Silence of SAIL wrt Retirees' issues - Action Requested


To: chairman.sail@sailex.com,

df sail <anil.chaudhary@sailex.com>,
dp.sail@sailex.com,
FORSE Core Group <sailex-core@googlegroups.com>,
"seearanchi@googlegroups.com" <seearanchi@googlegroups.com>
FORSE/ SAIL/1417
August 25, 2017
To
Sri P.K. Singh,
Chairman,                                                  
Steel Authority of India Ltd.
Ispat Bhawan, Lodhi Road,
NEW DELHI -110003.
Dear Sir,
This is to draw your kind attention to the seriousness of the issues of the Retirees being ignored by SAIL for years. A correspondence held in January this year esp between SAIL and FORSE, almost on the eve of our 3-day Agitational Action wef Feb 07, 2017 in front of SAIL Corporate Office, Lodi Road, New Delhi, is attached herewith for your kind perusal. the enthusiasm was short lived as SAIL forgot all about it the moment participants of Delhi Agitation & demonstration too their return journey. 

As we have intimated, creation of the post of Nodal Officers in SAIL Units has yet to be operationalised at the Unit level even after 7 months of announcement by SAIL and creation of a Apex level Nodal Officer at SAIL CO, New Delhi is also not in air till this day. It is clear beyond any doubt that even this tiny step was only a half- hearted approach. SAIL Pension Scheme is yet out of bounds for the post - 2006 Retirees, no move to provide financial assistance to pre-2007 retirees, finalisation and implementation of SAIL Mediclaim Scheme is also not much to be happy about. A dozen request from us failed to generate a sense to recognise FORSE and invite its representatives for a direct dialogue to understand and find solution to the Retirees' issues. 

Sir, if you don't mind I would like to compare your officers handling Retirees issues including Healthcare issues with the French Admirals, of the famous Historical French Revolution period, who had not seen sea. If it is just extended with experience they don't appear to be worthy of higher responsibility which they are bestowed upon by virtue of their position in SAIL.

In view of the above I request you to kindly grant recognition to FORSE and invite us for at least a two day meeting as per your convenience. 
A line of acknowledgement with an invitation for a SAIL-FORSE meeting will gladden our heart esp if this reaches us before our Apex Council Meeting at Salem on Sept 12-13, 2017     

With warm regards,
--
For & on behalf of Federation of Retired SAIL Employees (Regd)
Dr.V.N.Sharma, Chairman 

Govt sets stiff targets for SAIL


To
Ch Birender Singh <steelministeroffice@gmail.com>,
secy-steel@nic.in
कॉपी:chairman.sail@sailex.com,
df sail <anil.chaudhary@sailex.com>,
dp.sail@sailex.com,
Pl see the contents of the link and my comments below.


Dr.V.N.Sharma Chairman, FORSE, comments on above link  

It has two sides of the same coin which is affecting SAIL’s performance. (i) Govt threatening SAIL top brass and (ii) Govt policies of controlling the Steel behemoth (a) through appointment of useless, unworthy independent Directors, ignoring the professional stake holders like MDs of ISPs and Sr Executives, to provide some respectable berth to their party men is not for making profits for SAIL. (b) Govt giving threats for privatising SAIL Plants is anpther ploy to demoralise the professionals working on the ground, make it a losing concern and then hand it over to some private enterpreneurs for some give and take. 

What SAIL top brass should have done is to ‘Leave their egos here’ recall Retired personnel of high calibre, entrust them with some responsibility and use their long & short term advice. No doubt SAIL has become a self-centered egoistic behemoth, with extremely bad communication system like No response for years. And it is uniformly being done throughout SAIL incl all its Units. In any case SAIL should gird up their loins and take the challenge with Retirees with them shoulder to shoulder. With best wishes.

With warm regards,
-
Dr.V.N.Sharma/ डा वी एन शर्मा 

---------- Forwarded message ----------
From: Gowri Shanker <gowri251052@gmail.com>
Date: 2017-08-25 9:46 GMT+05:30
Subject: [पूर्व सेल वाले:5890] Re: [ज्ञान वर्द्धन मंच 644] My comment on 'Govt sets deadlines, stiff targets for SAIL top brass'
To: steel-collective@googlegroups.com
Cc: Ch Birender Singh <steelministeroffice@gmail.com>, secy-steel@nic.in, chairman.sail@sailex.com, 

We all know that how long the Govt took to allot Rowghat mines to SAIL which was pending with the Govt agencies for more than 20 years by which time the place and surrounding places have become naxalite infected in Chattisgarh and is becoming a herculean task to get the infrastructure in position.You can imagine SAILs position if the mine would have been in full swing by now.We all know about the lip service by all Govt machinery and the high level of commitment by SAIL executives in general.This is the same very SAIL which was turned around by visionary Shri.V.Krishnamoorthy who was hand picked by Shri.Rajeev Gandhi.

V.Gowri shanker.

---------- Forwarded message ----------
From: chakravarthy iyengar <ca.chakravarthy@gmail.com>
Date: 2017-08-25 14:12 GMT+05:30
Subject: Re: [Forse:1400] My comment on 'Govt sets deadlines, stiff targets for SAIL top brass'
To: forsesail@googlegroups.com

S.Chakravarthy, Ex.GM(IA) SAIL,CO

I fully endorse the views expressed by Chairman , FORSE.
The Promotion to ED in different categories goes for TENDER. Highest bidder gets it whether  he delivers the result or not.
SAIL call the retired personnel who have been dedicated to the organisation. . SAIL can be revived again.

Regards
CA.S.Chakravarthy
Nagpur
25/8/17