Sunday, October 30, 2016
Disappointed on recent meetings to discuss 7th CPC issues, NC JCM wrote letter to Jaitley
Honour the decision or we shall go on path of struggle – Secy/Staff side to Government of India
No.NC/JCM/2016 Dated: October 26, 2016
Hon’ble Minister for Finance,
Ministry of Finance,
(Government of India),
New Delhi
Respected Sir,
We solicit your kind reference to the discussions; the representatives of the Staff Side JCM had with you on 30th June 2016 in the wake of impending strike action that was to commence from 11th July 2016. Hon’ble Home Minister, Shri Rajnath Singh, your goodself, Hon’ble Minister for Railways, Shri Suresh Prabhakar Prabhu and Hon’ble MoSR, Shri Manoj Sinha, on having detailed deliberations with the Staff Side, had appreciated that, the Central Government employees were not generally happy with the decision taken by the Union Cabinet on 29th June 2016, while accepting the recommendations of the 7th CPC, particularly in the matter of Minimum Wage and Fitment Formula. After detailed discussions it was agreed by your goodself and other Hon’ble Ministers present in the meeting that, the government would address the grievances of the employees, whereupon the NJCA had decided to defer the “Indefinite Strike”. Accordingly, a committee was set-up to consider the demand of Revision of Minimum Wage and Fitment Formula with a mandate to finalize its report within four months.
We (Staff Side) interacted with the said committee, headed by Shri P.K. Das, Addl. Secretary (Expenditure), on 24.10.2016. It would be quite appropriate to bring to your kind notice that, we have felt, during the course of meeting, that, the proceedings of the committee are extremely disappointing and are left with the impression that, the committee is dilly-dallying the issue.
We are, therefore, left with no option, but to address this communication with the fervent hope that, your goodself will direct the said committee to interact with the Staff Side in a fruitful manner and arrive at a mutually agreeable proposal on the issues of Minimum Wage and Fitment Formula.
We have full trust and believe that, the government would honour the decision taken in the meeting held on 30.06.2016 in your benign presence, and suitable direction will be given to the committee to complete the assigned task within the stipulated timeframe in a satisfactory manner.
It would be the most unfortunate development, we regret to state, if we are constrained to tread the path of struggle once again in the event of the committee not coming up with a satisfactory settlement.
With Kind Regards
LESSONS OF THE GDS BONUS STRUGGLE - M. Krishnan, Secretary General, Confederation
LESSONS OF THE GDS BONUS STRUGGLE
M. Krishnan
The Govt. of India had issued the orders for payment of enhanced bonus to all Central Govt. Employees on 29-10-2016. The bonus calculation ceiling is raised from Rs.3,500/- to Rs.7,000/- from 01-04-2014. Accordingly the bonus payment to all regular employees for the financial year 2014-15 and 2015-16 was paid with arrears at the enhanced rate of Rs.7,000/- in August 2016. Unfortunately the Postal Board refused to issue enhanced bonus ceiling in respect of about three lakhs Gramin Dak Sevaks working in the Department of Posts. It referred the case to Gramin Dak Sevaks Committee for recommedations.
The previous GDS Committee headed by Shri. Nataraja Murthy had made a retrograde recommendation in its report. As per that recommendation the productivity of GDS is only 50% of the regular employees and hence it recommended only 50% bonus paid to regular employees to GDS. At that time the bonus calculation ceiling was Rs.3,500/-. As per Nataraja Murthy Committee, the GDS are eligible for Rs.1,750/- calculation ceiling only. Hence the Postal Board refused to extend the enhanced bonus ceiling of Rs.3,500/- for GDS. Against this stand NFPE and AIPEU-GDS along with Postal Joint Council of Action including FNPO and NUGDS conducted series of agitational programmes including strike. Postal JCA discussed the case with then Minister of Communications also. Finance Ministry rejected the case for enhancement of bonus to 3,500/- three times inspite of favourable recommendations from Minister, Communications. Finally, after prolonged struggle the Finance Ministery approved the enhancement and orders for grant of bonus at the rate of Rs.3,500/- was issued for Gramin Dak Sevaks also.
This time the Chairman of the GDS Committee, Shri. Kamalesh Chandra, took a different stand. The committee recommended the enhanced bonus of Rs.7,000/- to GDS also. It stated that the overall revenue generated by GDS Post offices and the overall expenditure for running the GDS Post offices is almost equal. The actual deficit on account of GDS is only 200 crores, whereas the total deficit of Postal department is more than 6000 crors. That means the loss on account of GDS is very megre when compared to the loss incurred for running the departmental post offices, RMS and Administrative Offices. Hence Shri. Kamalesh Chandra Committee made a favourable recommendation to Postal Board to grant enhanced bonus to GDS at the rate of Rs.7,000/-. Postal Board sent the file to Finance Ministry for approval. The Finance Ministry after detailed study, gave approval and Department of Posts issued orders on 27-10-2016.
Role played by NFPE & AIPEU - GDS:
NFPE and AIPEU-GDS under the leadership of Com.R.N.Parashar, Secretary General, NFPE and Com. P.Panduranga Rao, General Secretary, AIPEU-GDS, gave call for agitational programmes along with FNPO & NUGDS, protesting against the discrimination shown towards GDS and demanding enhanced bonus calculation ceiling of Rs.7,000/- to GDS also for the financial year 2014-15, and 2015-16 also demanding payment of revised wages to all casual, part-time, contingent employees from 01-01-2006. It conducted nationwide protest demonstrations and mass dharna in front of all Circle/Regional and Divisional Offices. It declared indefinite hunger fast in front of Postal Directorate (Dak Bhavan, New Delhi) from 3rd November 2016 and two days strike on 9th &10th November, 2016. Notice for the two days strike was served to the Secretary, Department of Posts on 20-10-2016. Intensive campaign was undertaken throughout the country and the response from employees was overwhelming.
Departmental Employees and GDS unity is exhibited:
In 1984, first time in the history of Postal Trade Union movement the Postmen,Group D & EDAs Union (NFPE) under the leadership of late Com. Adinarayana, the legendary leader, gave a call for nationwide one day strike on 19th September 1984 exclusively for one demand ie; the demand of the Extra Departmental employees. Again after 32 years NFPE & AIPEU-GDS along with FNPO & NUGDS took a historic decision to go for two days nation wide strike on 2016 November 9th & 10th, both by departmental employees and Gramin Dak Sevaks, exclusively for the demands of most down-trodden section of GDS and Casual Labourers. No other demand of departmental employees was added to the charter of demands. We proved that NFPE,AIPEU-GDS and Postal JCA always stood with the GDS and Casual Labourers and the departmental employees declared that GDS and Casual Labourers are our own family members and we will not tolerate any discrimination and shall go for two days strike for GDS and Casual Labourers. This is really an inspiring experience.
Role of recognised GDS Union:
The recognised GDS Union of Shri.S.S.Mahadevaiah, earlier used to declare that I will go for indefeinite strike only as no purpose will be served by one day or two days strike. He has written many write up and circulars earlier criticising NFPE & AIPEU-GDS for one day or two day’s strike. The same leader, who earlier said that I don’t believe in one day or two days strike, this time was afraid of the NDA Government and decided to go for two days strike on 25th & 26th October 2016. He has not made any campaign other than giving strike notice. His list of new office bearers elected in the belated last All India Conference was pending before the Directorate for approval. He was afraid of loosing recognition, if he goes on strike. The Department of Posts has clearly informed him about the conseuqences of the strike. After discussion with Department he surrendered and agreed to withdraw the strike and his strike call was widhrawan on 24-10-2016 itself, even before the approval of the Finance Ministry. The leader who used to criticise others for deferring the strike earlier, has ran away from the battle field half way, fearing withdrawal of recognition. Thus the real face of the recognised union leader was exposed before the entire postal employees. NFPE has already reminded him earlier itself that- '' you can fool some GDS for sometimes but cannot fool all GDS for all time”. Sri. Mahadevaiah is afraid of facing membership verification also and is requsting the department every time for extension.
NFPE,AIPEU-GDS and PJCA stand-
Departmental held disscussion with NFPE, AIPEU-GDS, FNPO& NUGDS. They have also cautioned the leaders of the consequences of the strike. But, unlike Shri Mahadevaiah who ran away from battle field fearing de-recognition NFPE, AIPEU-GDS and PJCA took a bold stand and declared that we will not withdraw the strike unless and until orders for payment of enhanced bonus is issued by Department and we are ready to face any victimisation. It also demanded issuing of instructions regarding casual labourer wages. Finally department issued GDS bonus orders on 27-10-2016. It has already issued orders for payment of Casual Labour wages from 01-01-2006 and asgreed to issue strict instructions to all Chief PMGs for implementation.
GDS Committee and role of NFPE & AIPEU-GDS
Government has appointed a sepearate GDS committee under the Chairmanship of Retired Postal Board Member Shri Kamdesh Chandra. Our demand for imclusion of GDS also under the purview of 7th CPc was not accepted by the NDA Government NFPE and AIPEU-GDS has submitted a detailed memorandum to GDS Committee. A delegation of NFPE and AIPEU-GDS has met the Chariman, GDS Committee three times and tendered oral evidence. Our main demand is grant of Civil Servant Status and grant of all benefits of departmental employees. to GDS. The GDS Committee has informed that it will submit its to recommendations to Government in November 2016 . If the recommendations are against the interest of the GDS, NFPE & AIPEU-GDS will definitely go for struggle including strike along with postal JCA.
The recognised GDS Union of shri. Mahadevaiyya could not settle any of the demands of GDS during the last more than 15 years. It don’t believe in the unity of GDS and departmental employees. It is treating the departmental employees and their recognised federations ( NFPE & FNPO) as the enemy of GDS. He is also against the united movemented of Central Government Employees and Confederation of Central Government employees and workers.
In the above circumstances it is the duty of every GDS employees to strengthen NFPE and APIEU-GDS. It is proved that only a United Struggle of departmental employees and GDS can settle the genuine demands of GDS employees. Realising this fact, all the GDS are requested to vote for AIPEU-GDS, by submitting the authorisation letters (declaration forms) in favour of AIPEU-GDS, which is an Associate member of NFPE, in the coming membership verification.
Role of Confederation and JCM (National Council) Staff Side:
The Confederation of Central Govt. employees & Workers extended full support and solidarity to the strike call of NFPE, AIPEU-GDS and Postal JCA for enhancement of bonus ceiling to 7000 and called upon all other Central Govt. employees (other than Postal employees) to conduct solidarity demonstrations on the days of the two day strike on 9th &10th November 2016. The Confederation took initiative to raise the issue in the JCM (NC) Standing Committee meeting held on 25-10-2016 along with the JCM staff side. The GDS Bonus issue was discussed in the JCM with Govt. and demanded immediate settlement.
Congratulations and Salute to All:
No doubt, the GDS bonus ceiling enhancement is as great victory for NFPE, AIPEU-GDS and Postal JCA including FNPO and NUGDS. The departmental employees and GDS who unitedly conducted the struggle till victory, deserves congratulations. The unity of departmental employees and Gramin Dak Sevaks should be further strengthened and those who are trying to break the unity should be isolated. Coming days are very crucial and may demand more united and militant struggle. Let us once again declare that “Unity is for struggle and struggle for Unity”.
Thursday, October 27, 2016
Temporary Employee to be paid at par with regular worker: SC
Temporary Employee to be paid at par with regular worker: SC
NEW DELHI: 26.10.2016.
In a big relief to lakhs temporary employee who have been hired by government departments and agencies across the country on contractual basis, the Supreme Court on Wednesday held that they are entitled to wages at par with permanent employees and principle of 'equal pay for equal work' must be followed.
A bench of Justices JS Khehar and SA Bobde said the principle of 'equal pay for equal work' constitutes a clear and unambiguous right vested in every employee whether engaged on regular or temporary basis.
"In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour.
"In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour.
An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. Certainly not, in a welfare state. Such an action besides being demeaning, strikes at the very foundation of human dignity," the bench said.
The bench said the principle had been expounded through a large number of judgments rendered by theapex court and and constitutes law declared by the Supreme Court.
"Any one, who is compelled to work at a lesser wage, does not do so voluntarily. He does so, to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth, and at the cost of his integrity. For he knows, that his dependents would suffer immensely, if he does not accept the lesser wage," Justice Khehar, who wrote the judgement, said. "
"Any one, who is compelled to work at a lesser wage, does not do so voluntarily. He does so, to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth, and at the cost of his integrity. For he knows, that his dependents would suffer immensely, if he does not accept the lesser wage," Justice Khehar, who wrote the judgement, said. "
Any act, of paying less wages, as compared to others similarly situate, constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation," he said.
The court passed the verdict on a bunch of petition filed by tempoary employee working for state of Punjab seeking wage parity with regular employee. They approached the apex court after Punjab and Haryana High Court held that temporary employees were not entitled to the minimum of the regular pay-scale, merely for reason, that the activities carried on by them and the regular employees were similar.
Setting aside the HC order, the apex court held that the principle of equal pay for equal work must be followed in the country as India was a signatory of International Covenant on Economic, Social and Cultural Rights. "India is a signatory to the covenant, having ratified the same on April 10, 1979. There is no escape from the above obligation, in view of different provisions of the Constitution and in view of the law declared by this court under Article 141 of the Constitution of India, the principle of 'equal pay for equal work' constitutes a clear and unambiguous right and is vested in every employee - whether engaged on regular or temporary basis,"it said.
COURTESY - THE TIMES OF INDIA
GDS Bonus ceiling revised to 7000 from 3500 w.e.f 2014
Enhancement of ceiling for calculation of ex-gratia Bonus payable to Gramin Dak Sevaks from Rs. 3500/- to Rs. 7000/- - Regd.
Vide Department of Posts (Establishment Division)/PAP Section it has been conveyed that the ceiling for calculation of ex-gratia Bonus payable to the GDSs has been raised from Rs.3,500/- to Rs.7,000/- per month from the accounting year 2014-15.
Arrears will be paid for the year 2014-2015. Orders already sent to all Heads of Circles.
DA Announced 2 per cent for central government employees, pensioners,w.e.f 01/07/2016
The Cabinet on Thursday approved 2 per cent hike in Dearness Allowance (DA) for central government employees and pensioners, effective from July 1, 2016. The proposal to hike the DA was approved during the Cabinet meeting today afternoon at the Prime Minister’s Office. The announcement, which comes ahead of Diwali, is set to bring cheer to around 50 lakh central government employees and 58 lakh pensioners in the country.
Dearness allowance is provided to employees and pensioners to minimise the impact of price rise on their earnings. Earlier this year, the government hiked dearness allowance by 6% to 125 % of the basic pay. It was later merged into the basic pay, based on the recommendation of the 7th Pay Commission Panel.
Wednesday, October 26, 2016
Meeting on 24th & 25th Oct, 2016 to discuss 7th CPC issues was disappointing : Confederation
CIRCULAR DATED 26TH OCTOBER 2016
REVISION OF MINIMUM PAY AND FITMENT FORMULA
2ND MEETING OF THE GROUP OF SENIOR OFFICERS WITH JCM (NC) STAFF SIDE
DISAPPOINTING
2nd Meetings of the Group of Senior Officers (Constituted as per the assurance given by Group of Minister to NJCA) to discuss the grievances arising out of recommendations related to 7th Central Pay Commission, was held with JCM (NC) staff side on 24.10.2016 at 4 PM. The staff side explained in detail the justification for modification in the minimum pay and fitment formula, which was already explained in the memorandum submitted to Cabinet Secretary on 10th December 2015 and also in the presentation made before Joint Secretary Implementation Cell and Empowered Committee of Secretaries headed by Cabinet Secretary.
From the response of the Senior Officers, it is not clear whether they are mandated to submit a proposal on increasing the Minimum Pay and Fitment formula to Government, as assured by the Group of Ministers on 30th June 2016. Eventhough, the time frame of four months is almost over, the urgency and seriousness was lacking on the part of the Group of officers. It seems that that Government is adopting a delaying tactics or to deny the assured increase. Perhaps, they may recommend an increase in minimum pay and fitment formula at a later date, but it is quite uncertain.
Confederation National Secretariat after reviewing these developments has decided to intensify the campaign and agitational programmes demanding the Government to honour its assurance given to NJCA leadership and also to settle the 20 point charter of demands. Make the 7th November 2016 mass dharna programme a grand success. Ensure maximum participation of employees in the 15th December 2016 massive Parliament March. Get ready for strike.
ALLOWANCE COMMITTEE MEETING ON DOP&T SPECIFIC ALLOWANCES
Meeting of the Allowance Committee to discuss the DOP&T Specific allowances was held on 25.10.2016. Secretary, Department of Personnel Chaired the meeting. Important allowances like Children Education Allowance, Night Duty Allowance, Overtime Allowance, Cash Handling Allowance, Dress Allowance, Nursing Allowance, Patient Care Allowance, Family planning Allowance, Risk Allowance etc. are discussed. The Secretary, Department of Personnel gave a patient hearing and interacted with staff side on certain points. No commitment on any allowance was given.
JCM NATIONAL COUNCIL – STANDING COMMITTEE MEETING
The JCM (NC) Standing Committee meeting under the Chairmanship of Secretary, Department of Personnel was held on 25.10.2016. All agenda items were discussed. Some of the items are – JCM functioning, Compassionate appointments, amendment to the definition of anomaly, Changing MACP conditions, Ex-Servicemen pay fixation, Pay fixation option on promotion after the date of notification of CCS (RP) Rules 2016, GDS bonus enhancement to 7000/-, casual labour regularization and bonus enhancement, filling up of vacancies, upgradation of LDCs to UDCs, one time relaxation of LTC-80 availed by air by purchasing tickets from other than authorized agents, Restoration of Festival Advance, Natural Calamity Advance and Advance of leave salary, grant of entry pay recommended by 6th CPC to the promotes, reimbursement of actual medical expenditure incurred by the employees in a recognised hospital etc.
Secretary, Department of Personnel gave a patient hearing and clarified certain points. No final decision was taken on any of the agenda items. Gist published below. Minutes will be published later. It was informed that based on the discussion, each item will be examined further and decision will be taken.
AUTONOMOUS BODIES – EXTENSION OF 7TH CPC REVISED PAY STRUCTURE AND PENSIONARY BENEFITS
The issue was raised in the JCM Standing Committee meeting held on 25.10.2016 by the staff side. The official side informed that an overall review regarding the performance and financial viability etc. of each Autonomous body is being carried out by the Government. Only after completing the process decision regarding extension of 7th CPC revised pay structure and pensionary benefits, Bonus etc. will be taken. Extension of the benefits depends upon the policy decision of the Government. Hence the official side has not told any time frame for final decision. It is likely to be delayed.
Confederation has already included the demands of the employees of the autonomous bodies in its 20 point charter of demands. All Unions/Associations/Federation and employees of all autonomous bodies are requested to understand the gravity of the situation and make the 7th November 2016 mass dharna programme and 15th December 2016 Parliament March a grand success. Join the Parliament March with your flags, banners and placard with demands. Let the Government understand the discontentment and protest of employees and pensioners of Autonomous bodies. There is no short-cut to get our justified demand accepted by the Government.
GDS BONUS ENHANCEMENT TO 7000
This issue was discussed in the JCM Standing Committee meeting as a notified agenda. The official side informed that the file is still under process in the Finance Ministry and a decision is yet to be taken. Once the approval of the Finance Ministry is given the proposal is to be submitted to Cabinet for approval.
All affiliates and C-O-Cs are once again requested to extend full support and solidarity to the proposed Postal Strike on 9th & 10th November 2016, demanding bonus calculation ceiling limit enhancement to 7000/- for GDS and immediate payment of revised wages to casual labourers from 01.01.2006. Conduct solidarity demonstration in front of important Postal/RMS office on 9th & 10th November 2016.
GIST OF THE JCM STANDING COMMITTEE MEETING HELD ON 25.11.2016
Meeting was held under the chairmanship of Secretary, Department of Personnel. Items discussed and outcome is given below.
1. JCM FUNCTIONING
Decision: After discussion Secretary (P), assured that the JCM would be activated and steps may be taken to hold regular meetings of JCM at National and Departmental level.
2. COMPASSIONATE APPOINTMENT:
Decision: The demand of the staff side to remove 5% ceiling would be considered after studying the various. Supreme Court Judgments and the decisions of previous National Council JCM meetings.
3. RESTORATION OF INTEREST FREE ADVANCES WITHDRAWN BY THE GOVERNMENT BASED ON 7TH CPC RECOMMENDATIONS
Decision: The demand of the staff side to restore Festival advance, Natural Calamity advance and leave salary advance will be examined further.
4. AMENDMENT TO THE DEFINITION OF THE TERM “ANOMALY”
Decision: The proposal given by the staff side would be considered is consultation with Department of Expenditure.
5. FIXATION OF PAY OF RE-EMPLOYED EX-SERVICEMEN
Decision: - The anomalies in the fixation of pay of re-employed Ex-Servicemen is under consideration of DOP&T.
6. OPTION FOR THOSE TO BE PROMOTED AFTER 25.07.2016, I.E. AFTER THE NOTIFICATION OF CS (REVISED PAY) RULES 2016.
Decision: - This issue would be considered by the Implementation Cell of 7th CPC.
7. WITHDRAWL OF NEW CONDITIONS FOR THE GRANT OF MACP
Decision: The demand of the Staff Side for withdrawl of “Very Good” grading would be re-examined. Some more items related to Ministry of Defence was also discussed.
8. BONUS CEILING TO BE RAISED TO 7000 FOR GRAMIN DAK SEVAK EMPLOYEES OF POSTAL DEPARTMENT
Decision: - Revision of Bonus ceiling for GDS and Casual Labourers would be considered by Department of Expenditure.
9. REGULARISATION OF CASUAL LABOURERS
Decision: The proposal of the staff side for regularization of all casual labourers would be considered after considering various Supreme Court judgements.
10. FILLING UP OF EXISTING VACANT POSTS
Decision: – Since there is no ban on recruitment, vacancies can be filled up. Instructions in this regard will be issued once again.
11. UPGRADATION OF THE POSTS OF LOWER DIVISION CLERKS TO UPPER DIVISION CLERKS
Decision: The demand of the staff side would be considered in consultation with other Ministries.
12. GRANT OF ONE TIME RELAXATION TO THE CENTRAL GOVERNMENT EMPLOYEES WHO HAVE AVAILED LTC-80 AND TRAVELLED BY AIR BY PURCHASING TICKETS FROM OTHER THAN AUTHORIZED AGENCIES
Decision: - The proposal of Ministry of Defence in this regard is under examination of DOP&T
13. GRANT OF ENTRY PAY RECOMMENDED BY 6TH CPC TO THE PROMOTEES UNDER THE PROVISION OF CCS (RP) RULES 2008.
Decision: - The Judgment of Chennai CAT and Principal Bench New Delhi would be examined by DOP&T and Department of Expenditure.
14. REIMBURSEMENT OF ACTUAL MEDICAL EXPENDITURE INCURRED BY THE EMPLOYEES IN A RECOGNIZED HOSPITAL.
Decision: - A separate meeting would be held by the Health Ministry with the staff side to discuss this demand.
Fraternally yours,
(M. Krishnan)
Secretary General
Mob: 09447068125
E-mail: mkrishnan6854@gmail.com
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