Sunday, September 23, 2012

General Secretary’s Desk



Dear Comrades,

One Day Strike on 12.12.12

The Confederation of Central Government Employees and Workers has professed a clarion call of one day token strike on 12.12.12 on 15 Charter of Demands. The gist of the demands is furnished in a nutshell below for the notice of all. All Branches and Divisional Secretaries are requested to translate the same in their Regional languages and organize the workers for 100% participation in the proposed strike.

Charter of Demands and short notes

1.      Revision of wages w.e.f. 1.1.2011.
(i)           In all the Public sectors and Banks, the wage review is being carried out once in 5 years.
(ii)         The 5th CPC set the norms for the appointment of next pay commission that whenever DA crosses 50%, it shall be appointed. Based on the same principle, the next pay commission should have been appointed w.e.f 1.1.2011.  The silence in the 6th CPC report about the formation of the next CPC cannot be taken as a ruse to deny or delay the next CPC.
(iii)       The anomalies arisen after the 6th CPC due to the introduction of a grade pay system and the loss of significance in the existence of cadres, disparity in pay fixation between officers and Government servants etc. can be sorted out only in the next CPC.
(iv)        The retail prices of essential commodities eroded the value of real wages by 160% within 5 years after 1.1.2006, whereas the DA compensation had been just 51%. Due to inflation, the real value of the wages has gone down.
(v)          The 6th CPC while determining the minimum wage has suppressed the retail price in the market and just take 20% alone of the wholesale price whereas in the market it was more than 60% than the wholesale price. Thus the demand of the minimum wage has been defeated with that clever and cunning decision of 6th CPC.
(vi)        Though the National Anomaly Committee met 5 to 6 times, it has not settled any major issue. The Anomalies existing in MACP are unredressed.
(vii)      The Fourth CPC categorically stated that GDS ought to have been included within the preview of pay Commission. This has been denied resulting in more exploitation in their wages and service conditions.
The above are the justification for the demand seeking immediate appointment of Seventh CPC and  revise the wages from 1.1.2011.

2.      Merger of DA with Pay
(i)     The 5th CPC recommended that the DA must be merged with Pay and treated as Pay for computing all allowances when DA exceeds 50%. This was carried out before the appointment of 6th CPC.
(ii)   The DA merger will partially compensate the erosion of real wages as per the report of Gadgil Committee in the post 2nd CPC period.
(iii) The 3rd CPC has also recommended such merger.
The merger of DA shall be considered in the case of GDS also in the Department of Posts.

3.      Compassionate Appointments
(i)     Supreme Court has not given any direction to introduce 5% ceiling in compassionate appointments.
(ii)   Even though the Cabinet Secretary assured for reconsideration, no tangible action has been taken so far to delete the ceiling of 5%.
(iii) In Railways there is no such ceiling and this is very clear discrimination between the equals in the Government Service.
(iv)  In Department of Post the selected lists under RRR were scrapped and thereafter only the candidates who pleaded their cases up to the Supreme Court were offered the appointment and remaining approved candidates are left in the lurch.

Therefore we are demanding the directions should be issued to do away with the stipulation and compassionate appointments be provided in all deserving cases.

4.      Functioning of JCM
(i)        The National Council is as per the scheme to meet at once in 4 months. It meets after several years. The issues put forth should be disposed in the same meeting or in the next meeting where as a number of issues are kept pending for indefinite periods.
(ii)      Barring one or two items, most of the anomalies placed in the Anomaly Committee meeting have not been considered and settled.
(iii)    In many Departments the Departmental Councils which are scheduled to be conducted once in four months have not been conducted years together.
Therefore, it is demanded that the periodicity of the National and Department Council meetings should be adhered and the forum should be ensured as an instrument to settle the demands of employees.

5.      Remove the Ban on Recruitment and creation of Posts.
(i)        The abolition of 2/3 vacancies which was in existence from 2001 to 2008 was applied only in the case of Group ‘C’ and Group ‘D’ and not even a single Group ‘B’ or Group ‘A’ was axed.
(ii)      The workforce in Group ‘C’ and Group ‘D’ has been drastically axed to the extent of 20% during the last decade ending with 2010.
(iii)    The blanket ban on creation of posts is in existence since 1983 and not even a single required post has been created without any matching Saving Scheme (example the case of System Administrators)
(iv)     We had a time tested and scientific system of assessment of workload with periodical revisions. This become obsolete and not even a single required post is created so far.
(v)       6th CPC communicated that it is not desirable to continue the ban and recommended to empower the respective departments to create need based posts for its effective functioning. This has neither has been accepted nor rejected so far.

6.      Downsizing, outsourcing and contractisation etc.
(i)     Many Departments had resorted to outsourcing of the functions. Some Departments virtually closed down. For example in passport office the entire work of processing and issue of passport is outsourced to TATA. Similarly the issue of PAN card and related works have also been entrusted to TATA consultancy. The IT returns submitted through E-mail are now entirely being processed by Infosys. Most of the work in Railways had been outsourced and on a contract basis and the staff strength has been depleted.
(ii)   In Postal, the Government desires to introduce PPP (Public private partnership) and providing a level playing field to the couriers by amending post office Act. The Monopoly of the Department of Posts is proposed to be unbundled with the clear direction for its corporation and further privatization. The fate met by the BSNL is not too far away to the Postal.
(iii) Outsourcing of department functions increased enormously over the years. The Quality of work suffered.
Therefore, it is necessary that the present scheme of outsourcing, privatization, PPP introductions and contractarisation shall be abandoned.

7.      Stop price rise and strengthen PDS.
(i)     The pursuance of the new economic policies and the consequent withdrawal of the universal public distribution system had been per se the reason for unbearable inflation.
(ii)   Government employees even of the lowest stage are precluded from the PDS as their meager wage is considered above ‘Poverty Line’.
Therefore, it is essential to bring back the PDS and control the price rise of essential food items.

8.      (a) Regularization of daily rated workers
(i)        Almost 25% of the workforce are casual workers in Government departments and they are not having any permanent and perennial nature of work.
(ii)      Resultantly Quality of work suffers besides exploitation of labour.
(iii)    The Govt should frame a scheme for regularization and they shall be paid equal pay for equal work.
(b) Absorption of GDS as regular Postal employees.
(i)      Till 1963, the GDS were called as ‘Extraneous Departmental Agents’ and treated as Govt. Servants.
(ii)     The Supreme Court declared in 1977 that they are holders of civil posts.
(iii)    Justice Talwar recommended that they should be treated as Govt. Servants and all facilities to be extended at par with regular employees.
(iv)         However Natarajamurthy had reversed all the above and now equated them with Anganwadi and Contingent employees. Many facilities were taken back.
(v)           There is ample justification to departmentalise the GDS. The General Secretary AIPEU GDS (NFPE) has submitted a detailed Memorandum to Hon’ble Minister exploring the ways & means for their departmentalization.
              Notwithstanding the demand of departmentalization, we demand immediate settlement of TRCA, Bonus and recruitment rules to PM/Group ‘D’related issues which were discussed in strike charters with the Department of Posts.

9.      Introduction of PLB and removal of ceiling limit
(i)     Adhoc bonus of 30 days should be converted as PLB in all Government departments.
(ii)   The ceiling of 60 days in PLB in Postal to be removed.
(iii) Bonus Act has no relevancy in PLB. There should be no ceiling of Rs. 3500/- for PLB.
(iv)  The injustice met out of the GDS in the ceiling should be modified.
      Therefore Bonus ceiling shall be computed on the basis of the actual emoluments of an employee receives.

10.    Revision of OTA and Night Duty Allowance.
(i)        OTA is now being paid as per the rates fixed by 4th CPC. There is no revision. Even the hourly rate of outsourced persons in much higher than the OTA granted to the Government Employees which is now at the rate of Rs. 15.85 per Hours.
(ii)      Non performance of OTA is being misused and some officials are being proceeded under disciplinary rules.
(iii)    The Board of Arbitration award enhancing the quantum of OTA has not been implemented.

11.    Arbitration awards
(i)   There are 17 arbitration awards in favour of employees. The financial implication is very meager. Even the staff side agreed to implement some of them with prospective effect.
(ii)  The Government is choosing to place the awards in the Parliament for rejection.

12.    Vacate all Trade Union Victimization
(i)     There is heavy vicimisation in IA & AD Department. More than 12000 employees are charge sheeted under Rule 14 & 16. Mass casual leave demanding vacation of victimisation ended with heavy casualities. Permission to hold meetings in the office are denied.
(ii)   The Trade union facilities are totally denied in many Government Organisation.

13.  Right to strike
(i)     ILO convention provides all trade union rights. However the decisions have not been made statutory by the Government.
(ii)   Govt. Employees continue to be denied the right of collective bargaining.
(iii) Supreme Court observed that Govt. Employees do not have any legal, fundamental or moral right to resort to strike action.
It is therefore urged that necessary legislation affording the right to strike to Govt. employees be made in the Parliament.

14.    Career Progression (5 Promotions)
(i)         All India Group ‘A’ Services provided 5 or more promotions without appearing any examination.
(ii)       In respect of Group ‘C’ no cadre review has been carried out.
(iii)     More promotional posts have not been identified because there is no functional justification; whereas no such yardstick is applied in case of officers.
Therefore, it is demanded to have five hierarchical promotions in one official carrier.

15.    Scrap the New Pension Scheme
(i)         The defined pension scheme was replaced by the contributory pension scheme from 1.1.2004 and the funds be managed by mutual fund operators in the share market.
(ii)       The new pension scheme is going to make social security uncertain.
(iii)     It is discriminatory as the scheme has been compulsorily imposed.
(iv)      Such schemes become failure in many countries like Chile, U.K and even the USA.
(v)        The contributory pension does not have the guarantee of Minimum 50% pension and there is no protection to the family due to denial of family pension.
     Therefore we demand to withdraw the PFRDA Bill and ensure the statutory defined pension scheme.

Dear Comrades,
If you go through the charter of demands, you can very well understand that all the demands are important and well related to all Govt. Employees. When the Govt. do not want to hear the voice of the C. G. employees, the Confederation which led the glorious struggles in 1957, 1960 and 1968 shall not shut its eyes and remain as mute spectators.

You may think that when other organizations like Railways & Defence are silent, what is the need for confederation to struggle alone. We cannot set aside the fact that in the freedom struggle, only 6 to 7 % of the people were actively involved. We cannot mention the same reason as a ruse and remain uncared of the C. G. Employees demands. We are having the responsibilities.

Further in the Postal over 20 years, we are conducting all the struggles under JCA except the strikes notified by all trade unions and mass platform organizations. This time FNPO, despite they understand the issues and the need for the strike, could not participate in the strike action. We should be clear in our minds that does not prevent us to proceed on our agenda. That is the main distinction and our specialty in focussing the common demands.

Resultantly in some areas, the cadres of their unions may join with us considering the justification of the demands; In some places, they may put hurdles and blockades to sabotage the strike; Some may act at the behest of the officers to scuttle our actions. Yes, we shall overcome all these.

It is clear that unless the seventh pay commission is constituted, there is no question of withdrawal or deferment of Strike by the Confederation. The strike will take place on 12.12.12. We shall mobilize all the workers and rally with us.

Our Branch/Divisional Secretaries shall observe the following programme of action to organize the comrades.
(i)           Hold Gate Meetings in nearby offices.
(ii)         Meeting every member and explain the demands and its importance.
(iii)       Hold executive meetings and allot all office bearers according to their capacity to organize in the workspots.
(iv)        Issue circulars in local language about the importance of the demands.
(v)          Issue phamplets and distribute to the public about our proposed strike action on 12.12.2012 seeking their cooperation; mainly focusing the wrong policies of the Department which were printed in Bhartiya Post earlier.
(vi)        Hold Jathas and invite representatives from other wings of the Confederation so that it will its own importance.
(vii)      Explain our position and convince the employees about the non participation of other unions under JCA.
(viii)    Each & Every GDS shall be contacted in person by the office bearers and inform them that this is the first time the Departmentalisation of GDS is placed in the charter of Demands of the Confederation.
(ix)        Intimate the position & requirements to the Circle unions & CHQ. The Circle unions will organise tour programmes of its office bearers and organize more meeting.
(x)          The Circle Secretaries should ensure the prompt conduct of meetings as notified by the NFPE & Confederation. If they want to change the dates for the meetings, they can contact the office bearers allotted to their circles; but there should be no failure in holding meetings in any circle.

Organize! Organise!! Organise!!!
Make the strike call of confederation after 1968 an historic success.

Let us meet in the next
Comradely yours,
(R. Sivannarayana)
Offg. General Secretary