aipeu puri
Monday, 29 September 2014
CAT Hyderabad order in OA 56/2014 - RTP Services to count for MACPs
EDITORIAL
POSTAL CRUSADER OCTOBER-2014
LABOUR
LAWS AMENDMENTS – ONSLAUGHTS ON WORKING CLASS.
The union Government
is going to amend labour laws without prior discussion with Trade Unions.
Bilateral forums and tripartite bodies made for maintaining relations by way of
discussions between Government,Workers and employers are being dissolved only
to implement neo-liberal reforms for the benefit of multinational and national
corporates and curtailing workers rights and trade union facilities.
The
Rajasthan Government lead by Vasundhara Raje is being utilized as test
laboratory as it has taken first step to amend labour laws i.e. Industrial disputes
Act, Factories Act and contract Labour (Regulation & Abolition) Act
incorporating anti worker provisions without discussion with Trade Unions. All
the amendments were placed in Rajasthan Assembly on 1st August, 2014
and were got passed on the same day. The industrial dispute act amendment
empowers employers to retrench the workers without prior permission of
government upto establishment of 300 and it also denies the rights of formation
of Trade Union unless they have at least 30 % membership.
The
amended factory act increases the coverage from 20 workers to 40 workers in the
factories without power and 10 to 20 with power? This amended Act has come as a
protection cover for employer as the court cannot take cognizance on the
complaints of violation of laws against the employer without written permission
from the State Government. The amendment to contract Labour (Regulation &
Abolition) Act keeps the employer out of purview of the Act in the
establishment where up to 49 workers are employed. The amendment in
apprenticeship act also gives the opportunity to employer to replace a regular
worker by apprentices.
After
passing these amendments in Rajasthan Assembly the Central Government Labour
Ministry posted in its website the proposals to amend all these acts and
introduced the Factories amendment Bill 2014 and the apprenticeship Act
(Amendment) Bill 2014 in Lok Sabha and brought back in business the Labour Laws
(Exemption from furnishing returns and maintaining of Registers by certain
establishment) Amendment Bill 2011 in Rajya Sabha This shows that the Modi
Government is also following the path of Vasundhara Raje Government of
Rajasthan.
This
trend of Govt. is alarming as it is developing the unilateralism and authoritarian
practices . All these so called reforms and amendments in Labour Laws will
empower the employers and will keep them out of purview of labour laws and
this paves the way of more exploitation
of workers in so many ways.
So
this is the need of the hour that all the workers whether they are in Govt.
sector, in public sector or in organized or unorganized sector, require to be
educated about all these changes and must be ready to fight all these
onslaughts unleashed by the Govt. unitedly and compel the Govt. to reverse back
the so-called reform policies which are being made in the favour of capitalist
class.
It is
in this background, all the Central Trade Unions including
BMS,INTUC,HMS,AITUC,CITU,UTUC etc. has decided to unitedly oppose this
anti-labour policies of the NDA Government . The National Convention of Workers
held at New Delhi on 15th September 2014 has decided to organise
nationwide campaign against the labour law amendments. The resolution adopted
unanimously by all Central Trade Unions and Federations calls upon the entire
working class of the country to fight out these policies at any cost. NFPE
calls upon the entirety of Postal and
RMS employees including Gramin Dak Sewaks to rally behind the banner of joint
plat form of Central Trade Unions and fight unitedly the unsought unleashed by
the Narendra Modi Government.
Wednesday, 24 September 2014
IMPORTANT
MEENA AGARWAL
SECRETARY
GOVERNMENT OF INDIA
SEVENTH CENTRAL PAY COMMISSION
7CPC/99/RR/2014/1
Dated: 8th September, 2014
Dear
The 7th Central Pay
Commission has been receiving a number of memoranda, representations
from associations/federations as well as individual cadres on pay and
related issues. As part of its working, the Commission is also hearing
various groups of employees both in Delhi and during its visits outside
Delhi.
2. One of the major
issues raised before the Commission centres on the subject of parity.
One aspect of parity manifests in how posts of a similar nature are
placed. Certain cadres/category of employees have, in their deposition
before the Commission, stated that there are cases when identical or
similarly placed cadres/categories of employees in different
Ministries/Departments are placed differentially in terms of pay and
promotional prospects.
3. With a view to
examining and addressing this aspect of parity amongst apparently
similarly placed cadres/posts, the Commission has devised a template to
be filled in for posts being administered by your Department. The
template seeks to elicit information that would be readily available in
the Recruitment Rules for the concerned post(s)/cadres. In case your
Department only operates posts involving common cadres like the Central
Secretariat Service (CSS), Central Secretariat Stenographers Service
(CSSS), Central Secretariat Clerical Service (CSCS), a NIL report may
kindly be furnished to the Commission.
4. Since the Work of the
Commission is time bound may I request that information as sought is
furnished by 25 September 2014. Perhaps a copy of the RRs themselves
could be sent as advance information.
Yours sincerely,
sd/-
(Meena Agarwal)
Monday, 22 September 2014
Saturday, 20 September 2014
UPDATE ON GDS COURT CASE
GDS COURT
CASE –
NEXT HEARING ON 08.02.2015. GDS CASE CAME UP FOR HEARING IN DELHI HIGH COURT ON
19.09.2014. COURT ADJOURNED THE CASE FOR NEXT HEARING ON 08.02.2015. GOVT.
FILED COUNTER AFFIDAVIT LATE. REJOINDER AFFIDAVIT WILL BE FILED BY NFPE &
AIPEU- GDS (NFPE) SHORTLY. WE HOPE THAT ARGUMENT WILL COMMENCE IN THE NEXT SITTING.
Tuesday, 16 September 2014
CHANGE OF INCUMBENCY
NOTICE FOR FEDERAL EXECUTIVE
|
Member (O) informed that meeting with both Federations (NFPE/FNPO)
will be organized soon to discuss all the issues in detail.
|
CONFEDERATION STATE STUDY CAMP OF KERALA
Confederation’s state study camp of Kerala held at Pulamanthole in Malappuram District. Prof. C Raveendranath MLA inaugurated the
camp and delivered his thoughts on “Saffronisation of neoliberal
policies” Com. K K N Kutty, All India president of the confederation
facilitated. Com. P Rajeev M P presented the subject ‘Corporatization of
Media’ Renowned Malayalam Poet Sri. Alankode Leelakrishnan made a
speech on the subject’ Devaluation and cultural unity in modern
society’. Com. M Krishnan. Secretary General of the confederation took a
class on the subject Problems of Central Government Employees and
future programs. Dr. T N Seema, MP took another class of ‘Women in the
globalized scenario’ A solo drama on the basis of the poems of renowned
poetess Sri. Sugathakumari was played by Com. T P Mansiya.
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Charter of Demand - Department invites PJCA (NFPE & FNPO) for preliminary discussions
No. 08/07/2014-SR
Ministry of
Communications & IT
Department of Posts
(SR Section)
Dak Bhawan, Sansad
Marg
New Delhi, dated 16th
September, 2014
To
The Secretary General
National Federation of Postal
Employees
Dada Ghosh Bhavan, 215/11
New Patel Road
New Delhi – 110 008
The
Secretary General
Federation
of National Postal Organization
Chambri
No. CH 17-1-18
Atul
Grove Road
New
Delhi – 110 001
Dear
Sir,
Subject: Programme of agitation by Postal
Joint Council of Action (PJCA) comprising NFPE and FNPO for settlement of
Charter of Demands submitted by them and their affiliated unions – meeting – regarding.
Sir,
In
order to discuss the charter of demands with regard to the above said
programme, Member (Operations) has kept a meeting with the Secretaries General,
NFPE and FNPO in his chamber on Thursday, the 18/09/2014 from 0930 hrs. to 1030
hrs. You are requested to kindly make it
convenient to attend.
It is reiterated that only two
Secretaries General may attend this meeting.
Yours faithfully,
(Arun Malik)
Director (SR & Legal)
Monday, 15 September 2014
Sad Demise of Sri L.R.Pradhan ASP HQ Sambalpur Divn.
Shri Lingaraj Pradhan, ASP(HQ), Divisional Office,
Sambalpur passed away on 14.09.2014. Shri Pradhan was suffering from liver
disease and was under treatment at Medanta-The Medicity Hospital, Gurgaon(Haryana).
AIPEU(Gr-C),Puri Divisional Branch Puri mourns the sad demise of Shri Pradhan and expresses deep condolence to the bereaved family. May the departed soul rest in peace in heavenly abode.
National Cleanlines Drive --- Making Post Ofices Spotless, Presentable and Welcoming
CLICK HERE TO VIEW THE WORK BOOK RELEASED BY Rafi Ahmed Kidwai National Postal Academy
Saturday, 13 September 2014
Shri Alok Saxena, DDG(PMU) and Secretary, Postal Services Board visited Ashoknagar MDG on 12.09.2014
Sri
Alok Saxena, DDG ( middle ) with B Samal, Postmaster ( extreme right) ,
S C Barik, SSPOs, ( extreme left ), K Mallick, ASPOs(OD), Bhubaneswar
Division ( right to DDG) and Prasant Patra, ASPOs from CO ( left to
DDG)
After
visit, Sri Alok Saxena recalling discussions made in the Workshop on
7th CPC by AIPEU, CHQ in New Delhi on 25.05.2014 with B Samal,
Postmaster (B Samal, Postmaster had participated in the Workshop as
Divisional Secretary, Bhubaneswar & Shri Alok Saxena, DDG had
discussed issues to be placed in the draft memorandum to CPC )
Shri Alok Saxena, DDG, Viewing Ashoknagar MDG from outside with B Samal, Postmaster
High Level Meeting of India Post Task Force Committee with Govt. of Odisha
High Level Meeting conducted on 12.09.2014 under the Chairmanship of Sri Gokul Ch. Pati, Chief Secretary, Govt. of Odisha
Post Offices to be included in programmes of common service delivery
Accommodation for Post Offices to be facilitated in the Rajiv Gandhi Sewa Kendras in Panchayat level
Agricultural seeds and accessories at subsidized rate to be supplied through Post offices
Cooperative, Finance, Food Supply and Consumer Welfare Department to sign MoU with India Post soon
Courtesy : The Samaj, 13th September, 2014
3% quota must for disabled in all government jobs including IAS: Supreme Court
NEW DELHI: The
Supreme Court on Friday held that three per cent reservation for
disabled people be given in all categories of government jobs including
in appointments and promotions to IAS, while pulling up the Centre for
"blocking" the very purpose of this empowering legislation by opposing
it.
A bench headed by Chief Justice R M Lodha said that people with disabilities have not got their due in the last 19 years despite the framing of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, which was passed in 1995.
Additional solicitor general Pinky Anand, appearing for the Centre, contended that reservation cannot be given in case of promotion to Group A and Group B officers category as it is not a case of appointment.
The bench, however, observed that appointment is a broader concept and the Centre is giving a narrow interpretation of it.
"You are frustrating the very reservation policy and cause of class for which Parliament passed the law," the bench said.
"For the last 19 years it is not being implemented and the class, for which the legislation was made, had not got benefited as it should have," the bench said.
The court dismissed the petition of the Centre challenging an order of Bombay high court which had directed the Centre and the Union Public Service Commission to implement 3 per cent quota in direct recruitment and promotions for the disabled in the IAS.
A bench headed by Chief Justice R M Lodha said that people with disabilities have not got their due in the last 19 years despite the framing of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, which was passed in 1995.
Additional solicitor general Pinky Anand, appearing for the Centre, contended that reservation cannot be given in case of promotion to Group A and Group B officers category as it is not a case of appointment.
The bench, however, observed that appointment is a broader concept and the Centre is giving a narrow interpretation of it.
"You are frustrating the very reservation policy and cause of class for which Parliament passed the law," the bench said.
"For the last 19 years it is not being implemented and the class, for which the legislation was made, had not got benefited as it should have," the bench said.
The court dismissed the petition of the Centre challenging an order of Bombay high court which had directed the Centre and the Union Public Service Commission to implement 3 per cent quota in direct recruitment and promotions for the disabled in the IAS.
Source : http://timesofindia.indiatimes.com/
Friday, 12 September 2014
"Donate generously to the Prime Minister's National Relief Fund"
PM appeals to fellow countrymen to stand in solidarity with distressed
flood affected people in Jammu and Kashmir
Prime Minister Narendra Modi made a fervent appeal to all the citizens to donate
generously to the Prime Minister's National Relief Fund today. He made an appeal
to all fellow countrymen to stand in solidarity with distressed flood-affected
people in Jammu and Kashmir and be part of the national effort to support them
in this hour of crisis.
The full text of the appeal is as under:-"My Fellow Citizens, You are all aware that unprecedented floods have caused havoc in the state of Jammu and Kashmir. A large number of persons have died or have been temporarily displaced. Property and infrastructure worth crores of rupees have been damaged. Our fellow countrymen in Jammu and Kashmir need our help at this critical hour to tide over the calamity and to rebuild their lives.
The Central Government is extending full cooperation to the Government of Jammu and Kashmir in the measures for rescue, relief and rehabilitation besides, direct assistance to the affected people. I request all fellow countrymen to stand shoulder to shoulder with our distressed brothers and sisters in Jammu and Kashmir and be part of the national effort to support them in this hour of crisis.
I appeal to all citizens to donate generously to the Prime Minister's National Relief Fund."
Payment Details:
Payment may be made by cheque/draft/cash in the name of "Prime Minister's National Relief Fund" and sent to the Prime Minister's Office, South Block, New Delhi-110011. As per directions on the subject the nationalized banks will not charge any commission on preparation of drafts favouring the PMNRF.
Online Contributions can be made through the website of Prime Minister's Office i.e. https://pmnrf.gov.in/payform.php
Contributions can also be made directly in the account of Prime Minister's National Relief Fund at any of the branches of the following banks:
Allahabad Bank, Andhra Bank, Axis Bank, Bank of Baroda, Bank of India, Bank of Maharashtra, Canara Bank, Central Bank of India, Citi Bank, Cooperation Bank, Dena Bank, HDFC bank, ICICI bank, IDBI Bank Limited, Indian Bank, Indian Overseas Bank, Kotak Mahindra Bank, Oriental Bank of Commerce, Punjab and Sind Bank, Punjab National Bank, Standard Chartered Bank, State Bank of India, Syndicate Bank, UCO Bank, Union Bank of India, United Bank of India, Vijaya Bank and Yes Bank Limited.
Contributions can also be sent through Money Orders with no commission chargeable. Contributions to the PMNRF have been notified for 100% deduction from taxable income under Section 80(G) of the Income Tax Act.
The full text of the appeal is as under:-"My Fellow Citizens, You are all aware that unprecedented floods have caused havoc in the state of Jammu and Kashmir. A large number of persons have died or have been temporarily displaced. Property and infrastructure worth crores of rupees have been damaged. Our fellow countrymen in Jammu and Kashmir need our help at this critical hour to tide over the calamity and to rebuild their lives.
The Central Government is extending full cooperation to the Government of Jammu and Kashmir in the measures for rescue, relief and rehabilitation besides, direct assistance to the affected people. I request all fellow countrymen to stand shoulder to shoulder with our distressed brothers and sisters in Jammu and Kashmir and be part of the national effort to support them in this hour of crisis.
I appeal to all citizens to donate generously to the Prime Minister's National Relief Fund."
Payment Details:
Payment may be made by cheque/draft/cash in the name of "Prime Minister's National Relief Fund" and sent to the Prime Minister's Office, South Block, New Delhi-110011. As per directions on the subject the nationalized banks will not charge any commission on preparation of drafts favouring the PMNRF.
Online Contributions can be made through the website of Prime Minister's Office i.e. https://pmnrf.gov.in/payform.php
Contributions can also be made directly in the account of Prime Minister's National Relief Fund at any of the branches of the following banks:
Allahabad Bank, Andhra Bank, Axis Bank, Bank of Baroda, Bank of India, Bank of Maharashtra, Canara Bank, Central Bank of India, Citi Bank, Cooperation Bank, Dena Bank, HDFC bank, ICICI bank, IDBI Bank Limited, Indian Bank, Indian Overseas Bank, Kotak Mahindra Bank, Oriental Bank of Commerce, Punjab and Sind Bank, Punjab National Bank, Standard Chartered Bank, State Bank of India, Syndicate Bank, UCO Bank, Union Bank of India, United Bank of India, Vijaya Bank and Yes Bank Limited.
Contributions can also be sent through Money Orders with no commission chargeable. Contributions to the PMNRF have been notified for 100% deduction from taxable income under Section 80(G) of the Income Tax Act.
Source : PIB
POSTAL JCA MEETING ON 25.09.2014
Postal JCA
Meeting (NFPE & FNPO) will be held on 25.09.2014 at NFPE office, New Delhi
at 04:00 PM. All General Secretaries of NFPE & FNPO affiliated
unions/associations are requested to attend the meeting. Detailed review and
planning regarding the successful implementation of the Nationwide agitational
programmes of the Central JCA, especially
the December 10th 2014 Parliament March, will be made in the
meeting.
(R. N.
Parashar) (D.
Theagarajan)
Secretary
General Secretary
General
NFPE FNPO
CONFEDERATION NATIONAL
SECRETARIAT MEETING
The National
Secretariat Meeting of the Confederation of Central Government Employees &
Workers will be held at New Delhi (NFPE office) on 26.09.2014 at 05:00 PM. All National
Secretariat members available at Head Quarters are requested to attend the meeting.
(The National Secretariat meeting held earlier has authorized the Head Quarters
office bearers to finalize agitational programmes for realization of the
Charter of Demands. This meeting is being held as per the above decision).
(M.
Krishnan)
Secretary
General
Confederation
PRE-2006 PENSIONERS - FIXATION CASE
1. After reading our earlier website write up
(Sl.2) on the above subject, some readers have sought the details of the case.
2. The facts of the case briefly stated are
as under:
a) The
VI CPC in para 5.1.47 of their report recommended that the fixation of revised pension
as per the table given by them “will be subject to the provision that the
revised pension, in no case, shall be lower than fifty percent of sum of the
minimum of the pay in the pay band and the grade pay thereon corresponding to
the prerevised pay scale from which the pensioner had retired”.
b) The
Government of India in their Resolution No.38/37/08-P&PW(A) dated 29-8-2008
accepted the above proviso by reproducing it per verbatim at item 12 of the
statement showing the relevant recommendations and decision of the Government
thereon (vide Annexure to the said Resolution).
c) In
Department of Pension & Pensioners Welfare O.M No.38/37/08 P&PW dated
1-9-2008 same proviso has been incorporated at para 4.2 thereof.
d) The
Department of Pension & Pensioners Welfare through their clarificatory O.M.
No.38/37/08 - P&PW (A) pt. 1 dated 3-10-2008 however modified the para 4.2
of their OM dated 1-9-2008 as under:
The
pension calculated at 50% of the minimum of pay in the pay band plus grade pay
would be calculated (i) at the minimum pay in the pay band (irrespective of the
prerevised scale of pay from which the pensioner is retired) plus grade pay
corresponding to the prerevised pay scale.”
e) In
other words in all cases it would be minimum pay of the pay band which would be
taken and not the minimum pay in the pay band corresponding to the pre revised
pay scale from which the pensioner had retired.
f) This
clarification was challenged by the Central Government SAG (S-29) Pensioners Association
in Principal Bench of the Central Administrative Tribunal (vide O.A. No.655/2010).
Hon’ble Tribunal in their order dated 1-11-2011 quashed the above clarificatory
order of Department of Pension & Pensioners Welfare dated 3-10-2008 and directed
the respondents refix the pension of all pre 2006 retirees with effect from
1-1-2006 based on Government Resolution dates 29-8-2008.
g) Government
of India challenged the above decision of the said Tribunal before Delhi High
Court vide WP (C) No.1535/2012 which was dismissed by the High Court vide their
order dated 29-4-2013 upholding the decision of the Tribunal.
Government of India then filed
the following S.L. Ps etc.
(i) SLP (C) No.23055/2013 dismissed on 29-7-2013.
(ii) Review Petition (C) No.2492/2013 dismissed on 12-11-2013.
(iii) Curative Petition (C) No.126/2014 dismissed on 30-4-2014.
Thus the CAT verdict dated
1-11-2011 attained legal finality.
On 15-5-2014 the Hon’ble CAT
Principal Bench New Delhi disposed of the contempt petition No.158/2012
directing the Union of India to implement the directions of the Tribunal
expeditiously, preferably within three months”.
3. The Department of Pension & Pensioners
Welfare in their letter No.38/77-A/09-P&PW(A) dated 29-5-2014 written to
the Secretary of Petitioner Associaiton (Central Govt. SAG (S-29) Pensioners
Association) has stated that as per the directions of Hon’ble CAT their order
dated 1-11-2011 is required to be implemented “only in respect of Petitioners
in O.A. No.655/2010 and not in respect of all pre 2006 retirees as per the
Tribunals order dated 1-11-2011.
There is no such direction that it
should be implemented only in respect of Petitioners. May be that Government
Advocate had indicated that Government is willing to implement the judgment qua
petitioners but the Tribunal had disposed of the contempt Petition by directing
the Union of India to implement their directions dated 1-11-2011 expeditiously.
4. It will not be out of place to mention
here that in response to answer to Lok Sabha unstarred question No.3406 Govt.
replied that the above directions of the
CAT Principal Bench had already been implemented in respect of all pre 2006
retirees but from an arbitrarily fixed date of 24-9-2012 (vide Department of
Pension & Pensioners Welfare O.M. F.No.38/40/12 P&PW(A) dated 28-1-2013)
This order was not restricted only to members of the Petitioners Association.
Accordingly the direction to implement it wef 1-1-2006 issued by the CAT has to
be implemented in respect of all pre 2006 retirees also.
M. Krishnan
Secretary
General
Confederation
Mob:
09447068125
e-mail: mkrishnan6854@gmail.com
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