ORDER

1. The Complainant filed an RTI application dated 02.02.2023 seeking information on the following points:

(i) A certified copy of the Registration Certificate issued to AIPSBOF Code 91 by the Registrar of Trade Unions under Trade Unions Act,1926.

(ii) Certified copies of income & expenditure A/c of the AIPSBOF Code 91 for the year ending 31.12.2019, 31.12.2020 & 31.12.2021.

(iii) Certified copies of the audited Balance sheet of AIPSBOF code 91 for the FY 2019-20, 2020-21 & 2021-22.

(iv) Official address, telephone No & Email address of State wise Federations, affiliated to AIPSBOF Code 91.

(v) Complete list of Office Bearers of AIPSBOF Code 91 along with respective place of posting as on date of providing information.

2. Aggrieved with the non-receipt of any reply from the CPIO, the Complainant filed a First Appeal on 27.03.2023 FAA’s order, if any, is not available on record.”

3. Due to non-receipt of any order from the First Appellate Authority, the Complainant approached the Commission with the instant Complaint dated 09.05.2022 stating inter alia as under:

“a) Based on checkoff system, the Federation is recognized as a majority Union by the employer bank, i.e Punjab & Sind Bank. (refer Annexure A dated

05.09.2020) b) The Federation enjoys the majority status in a public sector bank and represents majority number of officers, including women, SC/ST & disabled officers. Thus, its members are major stake holders for whose benefit the Federation has come into existence. (refer Annexure B-RTI reply dated

16.07.2022) c) Major policy decisions are settled through bilateral negotiations between the Bank & the Federation which is applicable on each officer, irrespective of his/her membership. The rights & service conditions of the officers are regulated by the Federation. Thus the functioning of the Federation requires utmost transparency.

d) The elected office bearers of the Federation are paid salary from public funds.

Office space for the Federation at the heart of cities & prime locations, access to technology etc are provided by the Bank, free of cost. Travelling expenses, and such other benefits, commensurate with the rank of the Office Bearers, are reimbursed from public funds.. Thus, the Federation is indirectly financed by the Appropriate Government.

e) The office bearers of the registered Federation are extended immunity from periodical routine transfers, overriding the express guidelines issued by the Central Vigilance Commission (CVC), the nodal Ministry/Department for vigilance administration in Banks. Host of privileges enjoyed by the Federation are extended by the appropriate government at the cost of public exchequer.

f) Periodical meetings are held between the Federation & the Bank as a part of routine exercise to promote harmonious industrial relations, resolution of grievances and enhance productivity. Such meetings are held in consonance with the principles of Workers participation in Management. Besides, it serves as an Alternative Mechanism for Resolution of Disputes. The members of the Federation, participating in such meetings are treated on official duty and paid Boarding, Lodging & other expenses, commensurate with their respective rank, from the tax payers money. Thus, the Federation is financed by the Bank.

.(Annexure D-Copy of the letter dated 11/0412023 issued by the Bank) g) The Federation represents its members in particular, and the officer class in general. Each member is granted membership on payment of monthly subscription, which is deducted at source from his/her monthly salary. Thus, the Federation has no income of its own but is dependent on the public funds. It shall cease to exist but for the direct financing by its members and indirect financing by the appropriate govt. i.e the Punjab & Sind Bark.

h) The conduct Rules applicable to the office bearers of the Federation are framed by the Board of the Bank, in exercise