GDS GRATUITY AND NFPE LETTER TO PRIME MINISTER

GDS NOW ELIGIBLE FOR GRATUITY ACT

 

WIDOW OF A GDS WINS  GREAT LEGAL BATTLE

 

The Widow of a deceased GDS BPM has recorded a great victory in the Court of law, which has a significant, and far reaching positive impact on the question of payment of Gratuity to the entirety of Gramin Dak Sevaks in the Department of Posts.

 

On the death of her husband who was working as a GDS   in Hoshiarpur Division in Punjab Circle, Smt.Sham Dulari filed a case before the Controlling Authority appointed under the Payment of Gratuity Act, 1972 claimed a sum of Rs.57,692/- as gratuity for the period of service rendered by her husband (18 years 9 months and 25 days), which was far greater than the amount being paid to the GDS by the Department of Posts at present under the Gramin Dak Sewak (Conduct and Employment) Rules, 2001.

 

The Department argued that the GDS are covered by the EDA Rules 1964, which are now known as Gramin Dak Sewak (Conduct and Employment) Rules, 2001 that regulate the payment of gratuity to the workman and, the Gratuity Act would not be applicable to them. Under the above Rules the workman respondent has already been paid the gratuity amounting to Rs.16,520/- and no further gratuity is payable as the provisions of the Gratuity Act which do not apply to the instant case.

 

The Controlling Authority rejected the argument of the Department of Posts and ordered payment of another Rs.12,286/- with interest @ 10% w.e.f. 25.12.2001to the widow over and above the gratuity amount paid to her by the Department of Posts.

 

The Department of Posts appealed against the order to the Appellate Authority of Gratuity Act. The Appellate Authority also rejected the argument of the Department by stating that it is transparently clear that the post held by the husband of the respondent/applicant was a post not governed under CCS (Pension) Rules as the respondent/employee was Extra Departmental Branch Postmaster in the establishment of Postal department and as such he was not holding a post under the Central Government. The service condition of the workman was governed under provisions of Extra Departmental Agents now known as Gramin Dak Sewaks but the provisions of the act are less favourable than the Payment of Gratuity Act,19072. Hence, the learned Controlling Authority has rightly held that the respondent/employee is an employee within the purview of Section 2(e) of the Payment of Gratuity Act,1972. Therefore the Appellate Authority upheld the order of the Controlling Authority also.

 

The Department of Posts then went to the High Court of Punjab and Haryana appealing against the above orders. The High Court of Punjab and Haryana also rejected the position of the Department through its Judgment clearly stating that There is no declaration under Section 5 exempting the application of the Gratuity Act to Extra Departmental Agents. Moreover, the EDA Rules are not more beneficial than the benefits, which are available to the respondent- workman under the Gratuity Act. Such a declaration could not have been given by the competent authority exempting the Extra Departmental Agents from the operation of the provisions of the Gratuity Act. Therefore, on principle as well as on precedents, we have reached the conclusion that the view taken by the Controlling Authority as well as Appellate Authority are not open to any attack in law and it does not furnish any opportunity to interfere with the same. Therefore, we are inclined to uphold the order dated August 21, 2003 (P-3) passed by the Controlling Authority and the order dated January 5, 2006 (P-6) passed by the Appellate Authority. The argument of the learned counsel that the respondent workman is not covered by the definition of expression 'employee' as used in Section 2 (e) of the Gratuity Act does not require any detailed consideration because of the view expressed by the Hon'ble Supreme court in Dharam Parkash Sharma's case (supra). In that case also Central Civil Service (Pension) Rules, 1972 were adopted by the Municipal Corporation, yet the Hon'ble Supreme Court held that the Gratuity Act would apply in view of Section 5 read with Section 14 of the Gratuity Act. Therefore, we have no hesitation in rejecting the argument raised on behalf of the petitioner- department.

 

For the reasons aforementioned, this petition fails and the same is dismissed. Accordingly, we direct that the respondent- workman be paid her dues within a period of one month from today, failing which the respondent- workman shall be entitled to interest at the rate of 9% per annum from the date, the amount became due till the date of actual payment.

 

The Department went on SLP in the Supreme Court as usual. The Honourable Supreme Court also dismissed the SLP on 7.12.2007.

 

Therefore the Government now has to pay the gratuity to the widow of the deceased GDS as per the Gratuity Act, 1972, which states that Gratuity is a lump sum payment made by the employer as a mark of recognition of the service rendered by the employee when he retires or leaves service. According to this Act the Gratuity is payable @ 15 days wages for every year of completed service or part thereof in excess of six months. In case of seasonal establishment, gratuity is payable @ 7 days wages for each season. Wages will include basic and D.A. The daily wages in respect of piece rated employees are to be computed on the average of the total wages received by an employee for a period of three months. The maximum amount of Gratuity payable is Rs. 3.5 lakhs.

 

This is a landmark Judgment and the three lakhs of Gramin Dak Sevaks stand benefited immensely.

 

The NFPE has immediately taken it up with the Government of India by writing to the Honourable Prime Minister of India for immediate extension of the benefit of the Judgment to all Gramin Dak Sevaks without any delay by making necessary changes in the Rules, since the retiring GDS every day shall not be losing the benefit.

 

 NFPE LETTER TO PRIME MINISTER OF INDIA

 

 

No. PF-49 (f) / 72   Dated: 27^th December 2007

 

 

To

 

Shri. Manmohan Singh,

Honourable Prime Minister,

Government of India

New Delhi – 110001

 

 

Respected Sir,

 

 

Sub: Request for extension of the benefit of the Supreme Court Judgment on Gratuity to three lakhs of Gramin Dak Sevaks in the Department of Posts – reg.

 

Ref: Supreme Court Judgment on SLP [Civil] No.21309/2006 upholding the Judgment of High Court of Punjab and Haryana CWP No.7576/2006.

 

 

This Federation hastens to submit to your very kind consideration the recent landmark judgment of Honourable High Court of Punjab and Haryana which stands upheld by the Honourable Supreme Court of India admitting payment of Gratuity under the Gratuity Act, 1972 to the widow of a deceased Gramin Dak Sevak under the Department of Posts, for causing kind orders by the Government of India extending the above benefit to the entirety of the Gramin Dak Sevaks in the Postal Department.

 

You may be aware Sir, that the Gramin Dak Sevaks are all along being discriminated on many matters including the payment of gratuity. Even a favourable recommendation by the Justice Talwar Committee constituted by the Government of India was not implemented on this issue. These workers are being paid only a consolidated sum of Rs.18,000/- despite serving under the Department of Posts for more than 30 to 45 years as the backbone of the rural postal services.

 

  The recent Judgment of the above Honourable Courts dismissing the appeal and special leave petition of the Department of Posts have upheld the orders of the Controlling and Appellate Authorities of Gratuity Act, 1972 who p laced reliance on Section 14 of the Act and held that payment of gratuity to any person cannot be denied on the ground of any other provision in any other Act/ Statute or Rules. Therefore, the plea of the Department of Posts that only under the EDA Rules the gratuity is payable and that would take the case of the Gramin Dak Sevaks out of the purview of the Gratuity Act has been summarily rejected .

 

The Honourable Courts have clearly upheld the orders of the Authorities of Gratuity Act that though the service condition of the workman was governed under provisions of Post and Telegraph Extra Departmental Agent (Conduct) Service Rules, 1964 now known as Gramin Dak Sewak (Conduct and Employment) Rules, 2001, since the provisions of the above act are less favourable than the Payment of Gratuity Act, 1972, the respondent / employee is an employee within the purview of Section 2(e) of the Payment of Gratuity Act,1972" and thus ordered payment of gratuity under the Gratuity Act, 1972.

 

This Federation places the fact for your kind consideration that every day a number of such Gramin Dak Sevaks are retiring from service without receiving the eligible gratuity and requests your very kind intervention to order necessary amendment to the Gramin Dak Sewak (Conduct and Employment) Rules, 2001 that regulates payment of gratuity to these workmen as per the Gratuity Act, 1972 to ensure payment of gratuity @ 15 days wages per year of service as per the provisions of the Gratuity Act, 1972 and end the age-old discrimination being perpetrated to these rural postal employees.

 

Thanking you Sir,

 

Yours Faithfully,

 

Sd/-

[K.Ragavendran ]

Secretary General

Copy submitted to:

The Secretary,

Department of Posts,

Dak Bhawan, New Delhi – 110001: for kind information and necessary action.

--
K.Ragavendran
Secretary General NFPE

POSTAL JCA ENDORSES CALL OF CONFEDERATION

 

Dear Comrades,

 

The Postal Joint Council of Action of NFPE and FNPO has endorsed the programme of action of the Confederation of CG Employees and called upon the Circle Secretaries and Divisional / Branch Unions of both the federations to implement the programme unitedly with other CG Employees on 3rd January and from 7th to 11th January 2008. The JCA Circular is being despatched to all Circle Secretaries and its copy is placed hereunder:

 

 

NATIONAL FEDERATION OF POSTAL EMPLOYEES

1^st Floor, North Avenue Post Office Building, New Delhi – 110001

 

FEDERATION OF NATIONAL POSTAL ORGANISATIONS

T-24, Atul Grove Road, New Delhi – 110001

 

 

No. JCA / 2 / 2007       Dated 15^th  December 2007

 

 

POSTAL JCA CALL UPON TO LAUNCH

PROGRAMME OF ACTION

 

Dear Comrades / Colleagues,

 

The Postal Joint Council of Action of NFPE and FNPO notes with deep concern that the Government has taken a negative and unjustified stand to deny the benefit of increase in bonus ceiling for the CG Employees from 2500/- to 3500/- even after the amendment of Bonus Act by the Government.

 

The Postal JCA finds that despite our launching of a nationwide protest demonstrations last month and sending of telegrams / savingrams to Hon'ble Finance Minister as per the call of the Confederation of Central Government Employees, the Government has chosen to ignore the justified voice of the central government employees. The Staff Side has been told by the Secretary [Finance] that the Government has decided not to extend the above benefit to CG Employees. The Staff Side has sharply reacted and communicated that a show down would become inevitable if the Government don't come forward to settle the issue.

 

Similarly we could find that the Government has taken retrograde stand on many issues including lifting the 5% cap on compassionate appointments. The CGHS rates in cities except Delhi have been reduced arbitrarily by the Government causing denial of treatment to beneficiaries in specialist hospitals; 16 Arbitration Awards are yet to be accepted by the Government; and daily rated mazdoors are yet to be regularized.

 

The Postal JCA of NFPE and FNPO has therefore decided to endorse and implement the following call of the Confederation of CG Employees with the addition of withdrawal of SLP on RRR Candidates, in a united manner to mobilize the entirety of the Postal Employees behind the Charter. The 5 point charter of demands is not directly related to 6 ^th Pay Commission and settlement is over due.

 

Charter of Demands:

 

1.    Remove 5% cap on Compassionate Appointment and also withdraw the SLP

     filed in  the Supreme Court against absorption of RRR Candidates;

2.    Revising Bonus for 2006-07 on account of revision of ceiling;

3.    Regularisation of daily rated workers;

4.    Implementation of 16 Arbitration Awards;

5.    Enter into MOU with specialist hospitals on CGHS rates for in-patient treatment

      and  various pathological tests to cities other than Delhi.  

 

Programme of Action :

 

1.     Badge wearing and mobilization of employees on 03-01-2008;

 

2.     Relay Dharna from 7^th January to 10 th Jan, 2008 followed by a March to Lt.  G eneral / Governors / Prime Minister on 11-01-2008 to present a  Memorandum;

 

3 .    To take up the issues through a memorandum with all MPS by the C-O-Cs of the respective constituencies and by CG Employees Unions, where no C- O-C is in existence.

 

 

Dear Comrades,

 

The Postal JCA of NFPE and FNPO once again call upon the Circle / Divisional / Branch Secretaries of all Unions / Associations to make the above programme a grand success. We request the Circle Secretaries to circulate this call to their divisional and branch secretaries, directing them to conduct the programme of action unitedly by the unions / associations of both the Federations along with other CG Employees in their areas.

 

Let us March ahead to compel the Government to concede our just and legitimate demands.

 

Comradely Yours,

 

 

Sd/- D.Theagarajan -----------------------Sd/- K.Ragavendran 

Secretary General – FNPO -------------Secretary General - NFPE

 

--
K.Ragavendran
Secretary General NFPE

JCM Standing Committee 14.12.2007

 Dear Comrades,

The Standing Committee of JCM National Council has met today. The gist of discussions as exhibited in the Confederation web site is reproduced below. All are requested to visit the Confederation web site by clicking on the Link available on the left side of this web page for reading the full text of minutes of National Executive meeting held at Bangalore on 9th December, which contains important decisions:

 

www.confederationhq.blogspot.com

 

 

Gist of discussions in the Standing Committee Meeting held today:

 

The meeting of the Standing Committee of the JCM National Council was held today. Secretary (Personnel) presided.    On behalf of the Confederation, Com. S.K.Vyas President and Com. KKN Kutty, Secretary General attended the meeting. All agenda items could not be discussed as the meeting had to be ended at 3.00 PM.  The next meeting will take place within three months.  Decisions taken on each of the agenda items discussed will be circulated shortly.   

 

The following were the prominent issues that came up for discussion today:

 

(a) Bonus :     Official side informed that the Cabinet had excluded the Central Govt. employees from the purview of the recent amendment to Bonus Act, whereby the ceiling limit for calculation of bonus had been raised from Rs. 2500 to Rs. 3500. The Staff Side reacted sharply to this statement and informed the Secretary Personnel that they would be left with no alternative but to withdraw from the discussion forum and resort to action programmes if the Govt. persists with its untenable decision.    The Secretary (Personnel) assured the Staff Side that he would convey their strong resentment over this issue to the Cabinet Secretary and will convey the Government's position. The Staff side has decided to meet in the first week of January, 2008 and consider the outcome of efforts of the Secretary Personnel in this regard and take appropriate decision.

 

(b) Interim Relief and the CPC Report:   The Staff Side Secretary conveyed in his initial remarks that the employees are concerned over the delay in the submission of the report by the 6 ^th CPC due to the various references being made by the Govt. at the last minute. He also informed the Secretary Personnel that most of the Public Sector undertaking employees have been granted interim relief ranging from Rs. 20000 to Rs. 60000 while the Central Govt. employees are denied despite specific terms of reference to the 6 ^th CPC.  He urged the Secretary Personnel to appreciate the injustice caused to the Central Govt. employees in this regard.

 

(c) Arbitrary reduction of CGHS rates for hospitalization and pathological tests in recognized hospitals.    The Stand of the Health Ministry officials was that the rates had been revised on the basis of the tender and naturally the recognized hospitals were not entitled to object to it. The Staff Side pointed out that none of the recognized hospitals had entered into an MOU with the Govt. on the reduced rates and the beneficiaries are denied the treatment in all places.    After some discussions it was decided that:

(i). the Health Ministry officials will interact with the CGE organizations in all Cites and towns where the scheme is in vogue and report as to which hospitals are providing treatment on the basis of the reduced rates and which of them were refusing to take corrective steps;

 

(ii). The calendar of such meetings pertaining to various CGHS centres would   be prepared by the Health Ministry and would be submitted to the Secretary (Per) within 10 days.

 

(d) Arbitration awards: It was indicated that discussions on all items had been completed and the matter is being considered at the level of the Cabinet Secretary as to the next course of action.

 

(e) New Pension scheme: Both the Sides reiterated their position.   The denial of family pension and other retirement benefits in respect of the employees recruited after 1.4.2004 and the remedial actions were stated to be under consideration of the Govt.   In respect of those employees who were given the temporary status prior to 1.4.2004 and in whose cases, 50% of the services rendered as casual/contingent/daily rated workers are to be counted for the purpose of pension, the Secretary Pension informed the staff side that the question of treating them as having been recruited prior to 1.4. 2004 would be considered.

 

(f) Compassionate appointments:  The Official side has gone back on their earlier assurance and has now stated that no further relaxation would be available in this regard further to what had been already announced.   The Staff side contested the position taken by the Department of Personnel in the matter and reminded them of the promise held by the Cabinet Secretary when the issue was discussed with him as part of the strike charter. The continuing discrimination in the matter of compassionate appointment between the employees of the Railways and other Central Govt. employees was also brought home. After discussion, it was decided that the Joint Secretary (E) in the Department of Personnel will discuss    the issue once again with the staff Side to prepare a note to the Cabinet Secretary incorporating the views of the staff side properly for his reconsideration.

 

(g) At the end of the meeting Staff Side Secretary enquired whether there was any proposal to raise the retirement age from 60 to 62 to which the Secretary Personnel clarified that to the best of his knowledge and information that neither the Department of Personnel nor the Finance has officially mooted any such proposal.

 

With greetings,

K.K.N.Kutty

Secretary General Confederation.

 

--
K.Ragavendran
Secretary General NFPE

STATE CONVENTIONS A MAJOR TASK

NFPE CIRCULAR NO.4

 

PF/01[e]/4/2007 Dated 7th December 2007

 

To

All Circle Secretaries

NFPE Unions/Associations

 

STATE CONVENTIONS ALL OVER INDIA

A MAJOR TASK – ENSURE ITS  SUCCESS

 

Dear Comrades,

 

The Federal Secretariat has met on 6.12.2007 to review the implementation of the decisions of Federal Executive of NFPE in the O/o the Federation. All General Secretaries in Delhi and available Office Bearers of the Federation attended. The major task of organising State level Convention of NFPE Unions/Associations before the end of March 2008 was one of the subject matter of deep discussion in the Secretariat.

 

The Secretariat has paid very serious attention to the planning aspect of this very important and major organisational activity to all of us. It can be seen that such a State level Convention of all Circle Office Bearers – Divisional and Branch Secretaries of all NFPE Unions/Associations has the composition of a Joint Circle Council of NFPE Organisations. Never before such a major assembly of our cream of leadership was organised in all Circles at a stretch. This is magnificent in its magnitude and can really set the pace for launching our movement into further heights. There shall be a total consolidation of our rank and file leadership, which will sit jointly and plan for the strengthening of our Organisation with the benefit of interaction with all the General Secretaries of all affiliates and the Secretary General.   Such a task is the urgent need of hour to strengthen our forts and overcome our organisational weaknesses.

 

  Convention Timetable

 

The  timetable for organising the event, which has been finalized taking into account of various aspects and responsibilities is given overleaf. The original idea of holding the Convention on Sunday alone is not practical and time consuming. We will not be able to complete the task before the end of March 2008. Therefore it has been decided to organise in the following fashion and all Circle Secretaries shall issue Notices for holding their Circle Council Meeting and CWC to facilitate availing of Special Casual Leave to the Secretaries and Office Bearers of Circle Unions/Associations.

 

Sufficient time of more than two months minimum is provided for the Circle Unions to sit jointly and plan to hold the Conventions. The Circle Unions shall all move in unison and with mutual discussion and understanding. The Circle Unions shall jointly plan for generating necessary funds to organise the Convention successfully and to bear the TA/DA of the General Secretaries and the Secretary General attending Conventions.

 

As already decided by the Federal Executive of NFPE the Postal Circle Coordinating Committees shall be reconstituted with the Circle Secretaries and Circle Presidents as its members.The election of three Office Bearers viz., President, Convener and the Treasurer shall be decided in the meeting of the reconstituted Postal Coordinating Committee in the venue of the State Convention itself. This reconstitution aimed to ensure co-coordinated functioning of all NFPE Unions/Associations in future.

 

The task before us with regard to Pay Commission, Postal issues, New Verification of membership, strengthening of NFPE finances, Organisation and the problems of working class in general shall be the major issues focused in all these Conventions.

 

Comrades,

 

The time has come to strengthen the base of our Organisation at all level. The NFPE and the All India Unions/Associations affiliated to NFPE call upon the Circle Unions and their Divisional and Branch Unions to unleash all their energies to rejuvenate the whole movement of National Federation of Postal Employees.

 

Let us move ahead with conviction.

 

Comradely Yours,

Sd/-

(K. Ragavendran)

Secretary General NFPE

 

Sd/-

(K.V. Sridharan)

General Secretary                                                                         

AIPEU Gr. 'C'

 

Sd/-  

(Ishwar Singh Dabas)

General Secretary                         

AIPEU Postmen & Gr. 'D'               

 

Sd/-

(Giri Raj singh)

General Secretary

AIRMS & MMS EU Gr. 'C'

 

Sd/-  

(P. Suresh)   

General Secretary                     

AIRMS&MMS EU MG& Gr.'D'                                           

 

Sd/-

(S.P.Mukherjee)                            

General Secretary                           

AIPAOEU Gr. 'C'&'D'                                 

 

Sd/-

(P. Rajanayagam)

General Secretary                           

AIPAEA

 

 

PROGRAMME OF STATE CONVENTIONS

 

South / South West

 

1.         Andhra                         -             5-2-08           (Vijayawada)

2.         Tamilnadu                    -             6-2-08           (Chennai)

3.         Karnataka                    -             7.2.08           (Bangalore)

4.         Kerala                         -             8.2.08           (Calicut)

5.         Maharashtra                 -           10.2.08           (Mumbai)

 

 

East/North

 

6.         Delhi                            -           4.3.08             (Delhi)

7.         Orissa                          -           6.3.08             (Cuttack)

8.         West Bengal                 -           7.3.08             (Kolkata)

9.         Assam                          -           9.3.08             (Guwahati)

10.       North East                    -           11.3.08           (Shillong)

11.       Jharkhand                     -           13.3.08           (Ranchi)

12.       Bihar                            -           14.3.08           (Patna)

13.       UP                               -           15.3.08           (Lucknow)

14.       M.P.                             -           18.3.08           (Bhopal)

15.       Chattisgarh                   -           19.3.08           (Raipur)

 

 

North West/West

 

16.       Uttarakhand                   -           23.3.08           (Dehradun)

17.       H.P.                              -           24.3.08           (Shimla)

18.       Punjab                          -           25.3.08           (Chandigarh)

19.       Haryana                        -           26.3.08           (Ambala)

20.       J & K                           -           27-3-08          (Jammu)

21.       Rajasthan                      -          29.3.08            (Jaipur)

22.       Gujarat                        -           30.3.08           (Ahmedabad)

--
K.Ragavendran
Secretary General NFPE

CONFEDERATION NATIONAL EXECUTIVE DECISIONS

 

The National Executive Meeting of the Confederation of Central Government Employees and Workers was held in Bangalore on 9 ^th December 2007 under the presidentship of Comrade S.K.Vyas, Chairman Confederation. Comrade K.K.N.Kutty Secretary General Confederation explained the issues in detail. The NFPE, the Income Tax, the Audit, the Civil Accounts, the Atomic Energy, the Census, the Survey of India, the Foreign Trade organizations attended the meeting. Comrade K.Ragavendran, Secretary General NFPE, attended the Executive. The Executive has taken a decision to place for the consideration of the extended National Executive as to whether a three time consecutive absenteeism by the office bearers of the Confederation shall automatically debar them from the membership of the National Executive.

 

The following important issues were discussed with all seriousness"

 

1. Review of 30^th October 2007 Strike performance by each affiliate and steps to remove the weaknesses.
2. Pay Commission related tasks and the extended National Executive Meeting.
3. Urgent issues including Bonus Ceiling on which immediate action programme is needed.
4. Parliamentary Committee on subordinate items and our task.

 

The Executive noted that there has been a better performance by several affiliates and the strike was a very successfully organized in many states. This naturally provides a sense of enthusiasm and encouragement but at the same time the Executive decided to look into the weaknesses in some areas in order to strengthen our future struggles. Various steps have been decided upon in this regard.

 

The Executive noted that going by the trends as available today, there is every chance that the VI CPC submits its recommendations before March or February 2008 and that many negative recommendations could be submitted on our basic issues like Need based Minimum Wage, Date of Effect, Increment rate, DA Formula, Defined Benefit Pension, Medical Care etc. The Government may also take a negative stand on these issues even if the CPC is in favour of some of the issues. Therefore the Executive decided that these shall have to be met with our violent reactions through our united might for which we shall have to be prepared. The exact form of our struggle will be decided in the extended National Executive Meeting to be convened in Mumbai during middle of February 2008.

 

On Bonus Ceiling, Arbitration Awards, Compassionate Appointments, Minimum wages of irregular employees etc which are not directly connected to the outcome of VI CPC, it was decided to organize a programme after 14 ^th December JCM National Council Standing Committee Meeting. In the event of any negative stand by the Government in the Standing Committee the following programme of action shall be organized"

 

1. On 3.1.2008: Badge Wearing by all workers.
2. From 7.1.2008 to 10.1.2008: Relay Dharna all over the country.
3. On 11.1.2008 March to Raj Bhawan in State Capitals to submit Memorandum.
4. From 7.1.2008 to 11.1.2008 – Our Delegation of leaders shall meet the Parliament Members in all constituencies and submit our memorandum seeking their kind intervention with the Hon'ble Prime Minister of India.

 A sub-committee consisting of six comrades has been constituted by the Executive to finalise the issues to be submitted on behalf of the Confederation to the Chairman of the Parliamentary Committee on subordinate items which has sought our suggestions under Article 309 of the Constitution. All Unions are requested to make their suggestions before 15 ^th February 2008 on necessary changes to be made and reasons thereof about the Service Rules, Conduct Rules and Recognition Rules with a view to democratize them in the interest of CG Employees and Workers.

The National EXecutive was followed by well organised seminars on privatisation of social security and health care that was inagurated by Comrade W.R.Varadarajan, All India Secretary of CITU and addressed  by Comrades S.K.Vyas and K.K.N.Kutty the Chairman and Secretary General of Confederation respectively. A separate working women convention was also organised to mark the silver jubilee celeberations of C-O-C Karnataka Circle.
--
K.Ragavendran
Secretary General NFPE

NFPE SUBMITS GDS MEMORANDUM TO 6th CPC

Dear Comrades!

 

NFPE has submitted a detailed Memorandum on GDS issues to the 6 ^th Central Pay Commission headed by Honourable Justice B.N.Srikrishna for its consideration and rendering justice with appropriate recommendations to the Government of India for acceptance. The Memorandum was sent by Speed Post to the Member Secretary of 6 ^th CPC and an Electronic Mail containing the full text of the Memorandum was also emailed to the 6^th CPC on 6.12.2007.

 

A Delegation of NFPE consisting of Comrades K.Ragavendran [SG NFPE]; K.V.Sridharan [GS P3]; Ishwar Singh Dabas [GS P4]; Giriraj Singh [GS R3] and Balwinder Singh [ATR P3 CHQ] has also endorsed a copy of the above Memorandum to Shri. I.M.G.Khan, Secretary [P], Department of Posts and submitted it to Ms.Radhika Doraiswamy, Member [P], Postal Services Board, Dak Bhawan on 6.12.2007 as the Secretary [P] was on a foreign trip to China.

 

The Memorandum contains all basic issues of the GDS including the demand for grant of Status of Civil Servant and Departmentalisation, Proportionate Pay Scales and full neutralization of DA and 50% merger of DA; Social Security Pension, all allowances at par with regular employees; Statutory Conduct and Disciplinary Rules; Proper Rules for Appointment and Promotions; Assured Career Progression ensuring three financial upgradations; Grant of all welfare schemes; Decent leave rights; and full trade union facilities including right to federate with the Federation.

 

Those who want to see the full text of the Memorandum can just click on the following links:

http://kayveeyes.googlepages.com/MEMORANDUMGDS.pdf

http://kayveeyes.googlepages.com/GDS_Memorandum_by_NFPE.pdf

 

--
K.Ragavendran
Secretary General NFPE

NFPE CIRCULAR

Dear Comrades - The Circular of NFPE containing all the important decisions taken by the Federal Executive of NFPE held at New Delhi - is reproduced below:

 

CIRCULAR No.3

 

NATIONAL FEDERATION OF POSTAL EMPLOYEES

 

PF/01[e]/3/2007    Dated 4 th December 2007

 

To

All Office Bearers of NFPE

All General / Circle Secretaries.

 

Federal Executive of NFPE

 

Dear Comrade,

The Federal Executive of NFPE met for the first time after the 7th Federal Council Session on 1st December 2007. Comrade D.K.Rahate the President of NFPE presided over the Executive.The meeting condoled the sad demise of departed leaders Com. Ajoy Bhowmik [Leader of CG Employees – WB]; Com.Chandra Gupta [Ex-Dy.General Secretary P4]; Com. Ravinder Sharma [P3 Punjab Circle Secretary]; Mrs. Promila Sharma [W/o Ravinder Sharma] and all who laid down their lives for the cause of working class.

All General Secretaries and Office Bearers of NFPE attended except one comrade due to unavoidable reasons. The Executive had the benefit of presence of our Ex-Secretary General Com.C.C.Pillai and Deputy Secretary General Com. Des Raj Sharma as special invitees. These two leaders addressed the Executive also. The deliberations of the Federal Executive Members were deep on all issues and the Secretary General's Report helped concentrating the issues at hand.

The highlights and the decisions taken in the Executive meeting is as under:

1.     30th October Strike: The strike performance of Postal Employees has considerably improved in comparison to earlier one-day strikes in many circles. The unity of postal workers established through a joint platform and the demands gripping the minds of our employees contributed to the success of the strike. But more than rejoicing the success of strike in many circles and wings of the NFPE and congratulating them, it was the weaknesses and non-participation of employees in certain areas and wings caused concern in the meeting of the Executive. It was noted that unless and otherwise these areas of weaknesses are removed through organisational measurers we cannot bring compulsions on the Government to settle our justified demands. And we cannot afford to allow any deliberate inaction on the part of our leaders holding the leadership at any level to fail to perform their organisational responsibilities during the time of struggles and strikes as expected from them and take their own line of indiscipline against the decision of the all India Organisations.

2.     Recognition of Federation: The Federal Executive noted that despite our complying with all the directives of DOPT, the Department of Posts is delaying unnecessarily to grant recognition to the eligible Federations. The Department of Posts has asked us now to amend the names of the 'Unions' into 'Associations' in the Constitution of NFPE. The Secretary General has already replied to the Department that since the existing unions were recognized by the Government already with the nomenclature of 'Unions', the question of changing it as 'Association' is not feasible. It was also pointed out that in all earlier communications of DOPT and the Department the reference was always as 'Unions/Associations' and therefore there should not be any further delay in grant of recognition. The Federal Executive has noted that   recognition of NFPE is very important in the background of expected recommendations of Pay Commission and to negotiate all issues of regular employees of Postal Department in proper negotiating forums. Therefore it was resolved that any further delay should be met by our agitations by making it as the first demand of our future Charter of Demands.

3.     Resolutions of Federal Council: The Resolutions of the Federal Council as finalized would be published in the next issue of Postal Crusader.

4.     Confederation and common issues: The Federal Executive noted that the 6 th Pay Commission is expected to submit its recommendations at any time before February 2008. The rumours flouted in the media, though denied by the 6 th CPC, cannot be totally baseless and if so the minimum pay scale to Group D as printed in the media could not be accepted at any cost. It was decided by the Executive that our viewpoint that a struggle through Confederation and JCM Steering Committee will become unavoidable if the minimum of Group D pay scale goes below 8000/- shall be placed before the National Executive meeting of Confederation on 9 th December at Bangalore.

5.     On Bonus Ceiling: The Executive noted that despite all the efforts of the Confederation and the JCM Staff Side the issue of bonus ceiling is yet to be granted to CG Employees. There is growing unrest amongst the CG Employees. The issue stands raised on the floor of the Parliament by Members of Parliament also. The Executive noted that this is an issue on which a common stand should be taken by the Steering Committee of JCM Organisations to pressurize the Finance Ministry to issue orders immediately. It was resolved to suggest to the National Executive of Confederation on 9 th December that we should continue our agitational programme of action and political intervention to clinch the issue.

6.     Postal Employees Issues: The Department of Posts is yet to implement many of its commitments held out in the gist of negotiations during April 2007. The going back on its assurance on formation of a Judicial Committee for GDS; the intention of the Department to go ahead with more and more Franchisee outlets as per its 11 th Plan Document; the delay being caused in recognizing the Federations; the continued applicability of Screening Committee; the going back on its word to regularize RRR candidates; the non-absorption of full time and part time Casual Labourers; the delay in filling up residual vacancies in many circles; the delay in granting notional promotions to LSG in many circles etc are causing great concern. Therefore a serious agitational programme culminating in indefinite strike has become necessary. The exact nature of programme and the dates on which the programme and the strike action shall take place will be decided in consultation with the FNPO in the All India Postal JCA. A Comprehensive Charter of Demands including an Annexure containing union wise sectional issues will be prepared for the above programme of action.

 

7.    Financial Review: The improvement in receipt of Rs.10/- per member NFPE Fund is very slow and not sufficient to overcome the financial crisis. The Executive therefore endorsed the Secretary General's presentation that in addition to making appeals in circulars the leadership should directly undertake organisational measurers to reach out entire rank and file.

8.     Organisation: In order to galvanize the whole movement – to educate the leaders at divisional and branch level on issues like organising a joint struggle on postal issues; organising a common movement if Pay Commission denies justified scale of pay and other benefits; tasks connected with the next membership verification programme that may come up next April 2008; strengthening the finance of NFPE etc the Federal Executive of NFPE has decided to call upon the Circle Secretaries of NFPE Unions in all circles to hold a joint state level convention of Circle Office Bearers and Divisional and Branch Secretaries of all affiliated Unions/Associations of NFPE and also with GDS Union in each circle between January and March next year as per the time table the Federal Secretariat will suggest. The Secretary General and all the General Secretaries of NFPE shall participate in all Conventions. This is a very major organisational activity and Circle Secretaries of NFPE Unions/Associations are expected to plan collectively for the success of the Conventions.

 

9.   Re-organisation of Postal C-O-C:   As part of organisational measure the Federal Executive of NFPE also decided to form as well as re-organise the Circle Postal Co-Coordinating Committees under the new by-laws to be finalized by the Federal Secretariat soon . The importance of C-O-C is that it can only play the role of a unifier and organizer of successful movement. It was decided that the Circle Secretaries and Circle Presidents of all affiliated Circle Unions/Associations of NFPE and also the GDS Union shall be the members of the re-organised Postal C-O-C. The members of the C-O-C will elect the Office Bearers of the C-O-C viz the President, Convener and the Treasurer during the state level convention mentioned above.

 

10. GDS Committee : The Federal Executive noted that FNPO and some other Unions submitted Memorandum to Nataraja Murti Committee and that the AIPEDEU GDS Union also directed all members to submit memorandum to Nataraja Murti Committee through the SSPOs after holding demonstrations etc. In this background the Federal Executive of NFPE unanimously decided that the detailed Memorandum on GDS issues already prepared by the NFPE should be submitted to the VI Pay Commission along with our observations as to why we are submitting it to the Sixth Pay Commission.

 

11. Unity of Regular employees and GDS: The Federal Executive of NFPE noted with concern that despite the earnest efforts taken by the Secretary General and the General Secretary P3, the General Secretary of GDS Union continue to publish anti-NFPE write ups in the union journal. The Executive endorsed the Secretary General's presentation that the GDS Union should create a conducive atmosphere for unity by withdrawing its letter of objection submitted to the Secretary [P] over the outcome of the 7 th Federal Council and take out the NFPE from the list of respondents from all its pending court cases.

 

12.  PSS Group 'B': The Federal Executive has noted that the issue of PSS Group B examination in relation to the subjects pending in the old departmental council JCM was   discussed between the General Secretaries of P3, R3, Admn Unions. While it was resolved that we should demand appropriate increase of share in PSS Group B posts in consonance with the surrendering of 1/3 rd promotional avenue to IPO posts and to modify the eligibility of PAs/SAs to write the competitive examination on completion of 20 years service irrespective of their status. It was resolved further that the issue would be discussed with the General Secretary of Postal Accounts also by other General Secretaries and then a uniform stand would be projected by the Federation before the Department for settlement.

13.  WFTU / UNI: The Federal Executive noted that the NFPE has participated in the recently held Asia Pacific Regional Conference of World Federation of Trade Unions in New Delhi. NFPE is a member of the Trade Union International [TUI], which is affiliated to the WFTU. The invitation extended by the Union Network International [UNI], another world body of trade unions in which most of the Postal and Telecommunications Unions are members, was considered. We also noted that in the past also NFPE has attended the international seminars organised by them on invitation. It was therefore resolved that while we continue to associate with the TUI and WFTU, we can accept the invitation of UNI and participate in the future meetings of UNI for which we are invited by UNI and to explore the possibility of pursuing the common struggle at the international arena.

14. German Study Tour: The Federal Executive noted that for the first time the Department of Posts is taking the representatives of staff side to an international study tour and welcomed the move. The Executive noted that some General Secretaries of recognized Unions/Associations could not be included in this tour of Germany.   However it was resolved that the Federation would pursue with the department to evolve a formula to be adopted in future for such international tours in which staff side members are also included.

15.  Uniform: On the demand of the P4 Union [NFPE] the Department has called for opinion on changing the colour of the uniform. The Federal Executive has decided to seek khaki colour uniforms instead of blue with good quality terrycot cloth.

15.  Jodhpur Court case: The Executive has resolved to request Comrade Des Raj Sharma Ex-Deputy Secretary General to continue to assist the NFPE in looking after the court case at Jodhpur High Court in which NFPE is a defendant.

16. Postal Crusader: It has been resolved to fix the annual subscription of Postal Crusader as Rs.60/- and individual copy @ Rs.5/- from the issue of January 2008 to meet the escalating cost of printing of the monthly organ of the Federation. NFPE requests the branch secretaries to enroll atleast five annual subscription from each branch union to increase the circulation of the journal.

16.  Solidarity to BSNL Strike: The BSNL Employees under the banner of United Forum of BSNL Employees Unions are launching a one-day strike on 12 th December 2007. We remembered with gratitude that they extended solidarity to the Postal and CG Employees on 30 th October 2007 strike and whenever we were on strikes. The Federal Executive of NFPE has therefore resolved to call upon the entire branches of NFPE to show solidarity to the striking BSNL Employees by holding solidarity demonstrations at all our branches on 12 th December 2007.

17. Quota to Confederation: All branches have to remit their quota to confederation   @ 1/- per member per year in the month of January. The Executive requests all Affiliated All India Unions/Associations to ensure remittance of the same to the Confederation without fail.

Let us get into the task:

 

Comrades, The task is cut out for all of us by the higher managing body of the NFPE. Let us take a resolve that all the decisions would be implemented with all seriousness to register marked advancement in the organisational activities at all levels. The Circle Secretaries are requested that they may kindly take out copies of this circular of NFPE and send to all divisional and branch secretaries under their circles.  

With Regards,

 

Comradely Yours

 

 Sd/-

[K.Ragavendran]

Secretary General

 

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K.Ragavendran
Secretary General NFPE