eCircular

Department: P&HRD
Sl.No.: 965/2019 - 20
Circular No.: CDO/P&HRD-IR/45/2019 - 20
Date: Mon 14 Oct 2019

All Branches / Establishments of

State Bank of India,

ALL INDIA BANK STRIKE ON 22nd OCTOBER, 2019

CALL GIVEN BY ALL INDIA BANK EMPLOYEES ASSOCIATION (AIBEA) &
BANK EMPLOYEES FEDERATION OF INDIA (BEFI)

We have been advised by the Indian Banks’ Association (IBA) that AIBEA and BEFI
have served a notice of strike, informing their decision to go on nationwide Bank strike
on 22nd October,2019 in support of their demands.

2. In the event of the strike taking place, it would be necessary to take the required pro-
active steps to protect the Bank’s and customers’ interests and ensure normal
functioning of our Branches/Offices with the help of officers / employees not joining the
strike. It has to be ensured that the general public is not put to any inconvenience. The
customers may be advised to preferably use ATMs / online banking facility / alternate
channels for conducting banking transactions on days of strike.

3. Branches / offices are advised to prominently display a suitable notice, well in

advance, regarding the proposed strike. A draft of the notice is enclosed.

4. Branches responsible for maintenance of ATMs should ensure that sufficient cash is
loaded in advance so that the ATM Card holders are able to meet their emergent
requirements of cash and should also ensure that the ATMs are in proper working
condition prior to the date of strike. The filling of cash in ATMs may be arranged
through outsourced agencies, wherever such arrangements exist or through available
officers. The currency chest branches may be manned by senior functionaries. It
should also be ensured that the ATMs do not get dry.

5. Operation of clearing houses should be ensured and wherever possible ensure

operationalization of second clearing house.

6. Further in terms of Bipartite Settlement / Joint Note dated 2 nd June, 2005 signed with
IBA and Bank employees unions / Officers Associations, officers / employees manning
Computer Centre at GITC, Belapur, hubs / switch centres, SWIFT operating centres,
disaster recovery centres or similar sensitive installations requiring round the clock
maintenance / surveillance, Watch & Ward Staff and security officers / employees
required to provide round the clock maintenance / surveillance shall not participate in
any work stoppage / strike action. Further, employees posted at GMU Kolkata should
also not participate in the strike. Please ensure compliance of these instructions.
7. In order that State Government business is not adversely affected, the Branch
Managers of branches handling State Government receipt and payment should inform
District Magistrate / Collector to take over the functioning of the treasury on the days of
strike i.e. on the above date. They should also contact State Government authorities so
that appropriate arrangements are worked out in advance. The Circles may co-ordinate
with local administrations for additional security, whenever required.

8. In this context, please ensure that officers and workmen willing to perform normal
work have free and unfettered access to their offices and that they are not obstructed by
any one through picketing etc. from entering the Bank. Guidelines laid down by the
Government stipulate taking appropriate action in this regard. You may also approach
the State Government or local police authorities for adequate protection to the Bank’s
property and to the officers and workmen willing to join duty.

9. Please caution all the members of staff / officers working in the offices / branches
under your control and members of the unions participating in the strike that non-
performance of duties in a normal manner or striking work will result in non-payment of
salary and allowances for the days besides disciplinary action as may be warranted.
They should also be made aware that their absence, as part of concerted action,
amounts to a break in service and they should understand the gravity of their irregular
action. A notice as per draft enclosed in terms of extant instructions should also be
displayed on the staff / public notice boards. Wage cut must be imposed in respect of
staff / officers joining the strike as also for sitting in dharna etc. from the salary of the
next month as it amounts to a willful abstaining from work.

10. As per the directives received from Government of India, staff who are not on strike
should contribute maximum for the smooth functioning on the branch / bank so that
there is least / no inconvenience to general public in matters of banking operations. It
has also to be ensured that payment of dues / salary / wages to the staff not on strike
may be done after due verification of CBS / records generated and also after
confirmation from the Reporting Authority of that staff.

11. In this regard we have summarized below Bank's, IBA's as well as Government of
India's guidelines issued from time-to-time on strike / dharna / disruption of work in
public sector banks:-

(i) As per IBA guidelines, employees / officers who do not attend the branch or
office would be treated as on strike and would not be entitled to salary and
allowances for the day(s) on the principle of 'No Work No Pay' in addition to any
action the Bank may like to take as per Service Rules. However, in genuine
circumstances: -

(a) where an employee / officer gives an application in writing prior to the

strike stating that -

(i) he / she belongs to a union which does not support the strike, or
 ii) though he / she belongs to a union which supports the strike gives
in writing before the days of strike that he / she would not participate in the
strike; and

(b) also advises in writing after the strike that he / she could not attend the
office in spite of his / her willingness to do so on account of the branch or office
not being opened, or although the branch was opened he / she was prevented
from attending to duty, then only he / she may be granted leave of absence of the
appropriate category. Where an employee / officer says that he / she was
prevented from attending to duty, he / she should wherever possible, state the
name(s) of the persons who prevented him / her. On receipt of such names,
appropriate disciplinary action should be taken against such employees / officers.

(c) The absence of the employees / officers who were not on strike should be
regularized as Special Casual Leave by an authority not lower than the Dy.
General Manager subject to fulfillment of the conditions laid down above.

(d) If it is established that if even one or two employees / officers were able to enter
the office and the doors were opened any time before the close of business hours,
special leave should not be given to those who did not enter the office.

(ii) Wherever employees / officers without prior permission of the management go

on agitation of any form during office hours, they will have to be treated as having
committed breach of contract of service and the principle of 'No Work No Pay'
should uniformly apply. Even where an employee is in breach of his contract for
part of the day, he / she will not earn wages for the full day subject to the
condition that the bank does not acquiesce in the breach by taking work from
such employee for the rest of the day. Apart from wage cut on the basis of ‘No
Work No Pay’, appropriate disciplinary action may be initiated especially against
those officers / staff who instigate others and cause disruptions in function of
branches / offices.

(iii) The Government of India, Ministry of Finance, have issued following instructions
for strict compliance in dealing with situations arising out of dharna / strike /
disruptions in public sector banks.

(a) All the branches should be kept open specially in metropolitan / other big
towns as far as possible, if necessary, by deputing staff / officers from Head
Office / Zonal Offices / Regional Offices, etc. on the strike days;

(b) The management should ensure adequate arrangements for taking

charge of keys of the outer gates in advance in those branches where the Branch
Managers are likely to go on strike. Branch Manager should not be permitted to
desert their branches without giving due intimation to the management well in
advance, failing which stringent actions should be taken against them.

(c) A limited amount of cash should be withdrawn a day prior to the strike and
kept in safe custody under the charge of a person who is not going on strike and
 who is suitable for holding such charge. Limited transactions could be carried
out with this money; and

(d) The management should approach the State Governments or local

authorities for adequate protection of bank's property and to ensure functioning of
the branches. In case of causing loss/damage to bank’s property, appropriate
action should be taken against the personnel involved.

(iv) Further, Section 36 AD of the Banking Regulation Act, 1949, reads as follows: -

"Punishments for certain activities in relation to banking companies: -

(1) No person shall:-

(a) obstruct any person from lawfully entering or leaving any office or
place of business of a banking company or from carrying on any business
there, or

(b) hold, within the office or place of business of any banking company,
any demonstration which is violent or which prevents or is calculated to
prevent, the transaction of normal business by the banking company, or

(c) act in any manner calculated to undermine the confidence of the

depositors in the banking company.

(2) Whoever contravenes any provision of sub-section (1) without any

reasonable excuse shall be punishable with imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or
with both."

The Banking Regulation Act therefore imposes certain obligations on the part of the
Bank and its officers and managers for keeping offices open on the days of strike and
carrying on the business of banking which the Bank is under obligation to carry on.

12. Please arrange to bring contents of this circular letter to the notice of all members of
staff by taking their initials in token of having read and understood the contents. Also,
place a copy of the enclosed 'Notice for Staff' on branch / office notice board.

13. The Branch Managers / Head of Departments of respective offices are advised to
send a report to their controller in regard to the functioning of branch / office on the date
of proposed strike on the lines of the enclosed proforma.

(Alok Kumar Choudhary)

Dy. Managing Director (HR) &
Corporate Development Officer
 Annexure-A

STATE BANK OF INDIA

Date of strike :

1. Total No .of :

(a) Branches :

(b) Offices :
(c) ATMs :

(d) Hubs/Call Centres :

2. No. of branches/offices for which

information is available :

3. No. of branches/offices remained

locked and not opened :

4. No. of branches/offices in respect

of which keys, have been collected :

5. Number out of 4 above which are opened :

6. Number of branches where the keys of strong

rooms are collected and branches functioned :

7. Whether all the ATMs are functional? If not,

reasons therefore :

8. No. of Hubs/Call Centres functioning :

9. Total no. of employees on strike :

Category On Strike On Leave Present Total

Officers
Clerks
Sub-staff
Grand Total

for Chief General Manager

 NOTICE FOR OUR VALUABLE CUSTOMERS

We advise that AIBEA and BEFI have given a notice to Indian Banks’ Association, for all
India Bank strike on 22nd October, 2019 on certain issues.

2. Although the management of the Bank is making efforts to extend skeleton

services at the branches / offices, in the event it is not possible to do so, our valuable
customers may have to face inconvenience.

3. We would, therefore, recommend to all our customers that they should complete
their banking transactions well before the date of strike, so that they do not face any
inconvenience due to the closure of our branches / offices. Our customers are also
requested to make use of ATMs to meet their emergent need of cash on the day(s) of
strike. They are also requested to preferably use on-line banking facility for their
banking transactions.

4. We once again sincerely regret the inconvenience likely to be caused to our

customers.

Branch Manager
 N OT I C E

We advise that AIBEA and BEFI have given a notice to Indian Banks’ Association, for all
India Bank strike on 22nd October, 2019 on certain issues.

2. All employees / officers are hereby informed that no employee / officer of the Bank can
claim immunity in respect of any breach of rules or instructions or any other form of misconduct
merely on the ground that it was committed as a part of the collective action resorted to at the
call of any Association / Union. In case of breach of rules or instructions or any other act of
misconduct, the Bank would be within its rights to deal with the matter in accordance with the
Service Rules or otherwise. The Bank also reserves to itself the right to take disciplinary action
against an employee / officer in accordance with the Service Rules and also will not pay any
salary and allowance whenever the agitation involves stoppage of work or non-performance of
the normal work in normal manner on the principle of 'No Work No Pay'.

3. Your attention is also invited to provisions of section 36 AD of the Banking

Regulation Act, 1949 in regard to obstruction to entry, holding demonstrations and other
acts which can impact adversely the confidence of depositors.

4. Please also note that banking service have been included in essential services
under the Essential Service Maintenance Act, 1981 and violation of statutory provisions
will have its consequence.

Head of the Branch / Office