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R. N. Parashar, Secretary General, Ph: (Off.) 011-23092771 M.No: 09718686800 E-Mail: nfpehq@gmail.com Add: 1st Floor, North Avenue PO Building New Delhi - 110001
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Sunday, December 2, 2007

FEDERAL EXECUTIVE OF NFPE

 

 

The first Federal Executive of NFPE is held on 1.12.2007 in the NFPE Office under the presidentship of NFPE President Comrade D.K.Rahate.

 

The following important decisions were taken in the meeting:

 

  1. 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.

2.   The Pay Commission is expected to submit its recommendations at any time before February 2008. The Federal Executive of NFPE has decided that at any cost a struggle through Confederation and JCM Steering Committee will become unavoidable if the minimum of Group D pay scale goes below 8000/-. Similarly on bonus ceiling as a follow up of the debate in Parliament when Honourable Members of Parliament Com.Rajendran Quilon MP and Shri.Kuppusamy North Chennai MP raised the issue on our behalf and the Hon'ble Labour Minister Oscar Fernandez replied   "I will go into each and every point that they have raised and we will try to find solutions to the problems being faced by workers in our country. With these words, I commend to the House that the Bill may be passed." However we have to chalk out a programme of action in the Confederation National Executive on 9th December 2007 at Bangalore if the Government is going to dilly-dally the issue further.

  1. 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.

 

  1.  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.

 

  1. The Federal Executive noted that FNPO 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. 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.

 

  1. 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 7th Federal Council and take out the NFPE from the list of respondents from all its pending court cases.

 

  1. A detailed circular on the decisions of the Federal Executive of NFPE will be circulated shortly through a circular.


--
K.Ragavendran
Secretary General NFPE

12 comments:

Devanand said...

dear comrade
please go through two (JCM)departmentalcouncil decisions in 1974 and 1984 on promotions.74 says 20% is upgraded to LSG.
84 says posts of those completed 16 years are upgraded to LSG.5% and 15% udjusted as matching savings for the cost of upgradation.
But postal department unilateraly decided that TBOP and BCR are not promotions.
They say that supreme court decided so.
SC decided because gvt.gave an affidavit that these are only financial upgradations and not promotion.
How can gvt.give such an affidavit in SC against the decision of JCM in which gvt is a party.
How can federation keep silent on such a betrayal.
Federal exicutive has never deliberated on this .
Why???

Devanand said...

Comrade
In India any establishment with five or more workers are supposed to open an EPF account for it's workers.Those who are not doing so are liable to be punished as per EPF rules.
Only exemption is for those firms who have their seperate PF scheme.
Postal Department has PF scheme for regular employees but not for their GDS employees.So the department is liable to open EPF account for it's GDS employees and remit employers contribution.
But Postal department is not doing it.
They are acting against the law of the land.
Our federation all along were fighting for it's ED(GDS) employees.But never bothered to raise this issue even now
WHY!!!!
Why don't we take it up atleast now
Devanand.N
RMS Kerala Circle

NFPE said...

Dear Comrade Devanand, Thanks for your comments. Our stand is that TBOP and BCR are LSG and HSG-II Promotions only. We have filed a case in Chennai CAT and won it. The Department went on appeal against the CAT but Madras High Court dismissed the appeal of the Department. The SLP is pending in the Supreme Court. The case is being fought still. However your contention not appears to be correct as the Supreme Court has not so far said that TBOP and BCR are not promotions. The case is still going on. But how come you jump to conclusion that the Federal Executive of NFPE is silent on this betrayal? The Executive had an agenda before it and discussed the agenda. This does not mean that the Federation is not opposing the contention of the Department. Any way once again thanks for your involvement and interaction. NFPE welcomes such interactions from the educated membership. Regards – K.Ragavendran / Secretary General / NFPE.

NFPE said...

Dear Comrade Devanand, Once again thanks for your comments. The question of PF recovery has been only for regular civil servants and the Government has not agreed to grant the status of civil servants to the ED even after the landmark judgment of the Apex Court. We raised the issue before the Justice Talwar Committee and got a very favourable recommendation for status and pension and all benefits. However you know well that the Government rejected the recommendations. On the other hand the Government has totally cancelled the GPF to regular employees also for those who entered service from 1.1.2004 and started recovering 10% of Pay and DA towards pension contribution. We are demanding to scrap this new pension scheme also. This is the effect of neo-globalization policies of the Government. Therefore demanding it for ED employees while the same is being dispensed with for the regular employees is a bit complicated. However we have demanded pension once again in our GDS Memorandum and the point you have made would be kept in mind while negotiations take place on the social security issues for the GDS – K.Ragavendran / Secretary General / NFPE.

Devanand said...

Dear comrade raghavendran
Thank you for your reply.it is geat that we have developed a mechanism to interact.
" The case is still going on. But how come you jump to conclusion that the Federal Executive of NFPE is silent on this betrayal?"
But didnot use the word betrayal.
But 20 %of employees are to be made LSG by 74 JCM decision.But it was not maintained later.We donot demand to impliment it?right!
For TBOP/BCR maching saving was given for the upgradation of posts .This exercise were done only for few years.Then stoped upgrading posts but we were silentbut allowed to make the maching saving reduction.
I have never come accross a statement against this from federation till now.RIGHT?
Now department had changed the nomanclature.
SA/PA
TBOPSA/PA
BCRSA/PA
LSAGSA/PA
LSG(TBOP)SA/PA
LSG(BCR)SA/PA
HSG2SA/PA
HSG1SA/PA
This order became aginst our promotional interest.But we didnot saw this order in our favour.
Why federation didnot demand 8 seperate payscales for all these new posts?
Now LSG /HSG passed by 2/3rd examinations are ranked senior to LSG(TBOP) and LSG(BCR).TBOP/BCR officials were not allowed to appear in examinations.
As you know now BCR SA/PAs (5000-8000)are being promoted to LSGSA/PA in the pay scale of 4500-7000).
But our federation do not havecase against this anomaly.Do we have any?
This I dont mind to call betrayal but I don't say so
regards
N.Devanand.
RMS Kerala

Devanand said...

Dear comrade rahgavendran
I as talking about EPF rules.it is clear all employers other than those having their own PF scheme are liable to open an account in EPF.Postal department is having a PF scheme but only forpart of their employees.
GDS they say are not employees and hence no PF.
(now no entry in the postal associations also.)
Then postal authorities are bound to open an EPF account for every GDS by EPF rules.
Why not federation ask the EPF commissioner to take legal action against postal department for violating EPF rules?
This has nothing to do with the points raised in your reply.we need not demand anything from the DOPost.
Thank you
Devanand.N
RMS Kerala

NFPE said...

Dear Comrade! No doubt during 1974 when the movement of P&T was vertically and horizontally stood divided, an agreement for 20% LSG was signed in the JCM Departmental Council. The timing of the 20% LSG Promotions just on the eve of the NFPTE workers faction called upon to join the P&T employees to join the historic Railway Strike was viewed very critically by the progressive forces as a tool to prevent the P&T employees from joining the strike. Yes, it is a fact that granting of 20% LSG was a step forward at that time because of lack of promotions to overwhelming majority of staff. However we know well that it did not solve the problem of stagnation of PA/SA cadre without even getting to LSG because soon after implementation of 20% LSG, people started retiring as PA/SA. It was only in that background after a long battle of ideas over running scale and time-bound promotions, the P&T movement ultimately demanded and got TBOP to ensure the first promotion of LSG for all who have completed 16 years.

This mitigated the problem of non-availability of LSG vacancies limited to only 20% at that point of time and paved way for all to attain LSG promotion based on their own service in the cadre. Later on the second promotion in the shape of BCR ensured every one with 26 years of service to reach the HSG-II in-situ. Definitely in that background there was no basis or need to demand only 20% LSG anymore.

The TBOP and BCR officials just started manning the HSG-II and LSG posts and more posts were identified to place the TBOP/BCR officials with some higher responsibility since the BCR/TBOP officials outnumbered the so called standard supervisory posts. But over and above that, more number of TBOP/BCR were allowed to perform in non-supervisory work also. The Department called the TBOP and BCR as promotions and always equated them with LSG and HSG-II only.

The problem arose later on two counts:

1. Denial of higher pay scale to TBOP/LSG and BCR/HSG-II by the 5th CPC and the adamant attitude of the Government against sorting out this anomaly despite our protracted struggles; and

2. Unilaterally calling the TBOP and BCR as just financial up gradations and thus distinguished them from standard LSG and HSG-II posts.

In the meanwhile we know very well that the department had dispensed with the very LSG – HSG II promotions for long years after the introduction of TBOP/BCR Scheme. To complicate the matter further the department had again unilaterally introduced the fast track scheme, which was scrapped only after more crises were caused.

Taking all these factors into consideration we have submitted our demands before the 6th CPC. As I said before the SLP in the Apex Court is also pending. We maintain that TBOP is equal to LSG and the BCR is equal to HSG-II and that there should be no distinction between the two because the very TBOP – BCR schemes were promotional schemes only and so termed also all along. Suddenly attempting to term them as just financial up gradation on par with ACP scheme cannot be agreed upon by us. This is why we did not demand separate pay scales for TBOP, LSG, BCR and HSG-II like that. Our case before the Apex Court is the same. Our submission before the Pay Commission also is the same. Our argument during tendering oral evidence before the Pay Commission also is the same. The issue is neither given up nor forgotten and definitely not one that can be termed as betrayal.

Now the whole issue is revolving around the possible outcome of the Pay Commission. It will be taken up with top priority after the submission of the recommendations by the Pay Commission. The anomaly that the BCR officials in 5000-8000 pay scale are being promoted to LSG in 4500-7000 lower pay scale was very sharply brought before the Pay Commission also, which you will be able to appreciate on your reading the memorandum submitted by us to the Pay Commission. We hope to get some justice either in the shape of TBOP/BCR equated with LSG/HSG-II and if not agreed upon then definitely separate pay scales for TBOP, LSG, BCR and HSG-II. Any injustice in this matter you may be rest assured would bring out our violent reactions.

In the meanwhile we are doing everything to ensure notional promotion to senior officials as agreed upon by the Department of Posts during April 2007 negotiations from the year from which the LSG Promotion was not done in respective circles to mitigate the problem that arose due to the new concept unilaterally introduced by the Department, which places the senior officials at a very disadvantageous position against moving up in the ladder of supervisory posts in contrast to their junior officials.

NFPE said...

Dear Comrade Devanand,

Kindly go through the GDS Memorandum submitted by the NFPE to the 6th CPC under Chapter X on Social Security Scheme [please follow the link available in the NFPE web site] wherein it has been pointed out as to what the Central Provident Fund Commissioner had stated before the Justice Talwar Committee in the year 1976. This is brought to the knowledge of the 6th Pay Commission only to take care of the issue that you have desired to be taken up and I once again assure you that this would be kept in mind while negotiations take place on the social security issues for the GDS in future.

Devanand said...

dear Com.Raghavendran
I have gone through the GDS memorandum once more after your reply.i find I am right.There is only a casual mention on EPF .No specific demand.further I had published my comment on GDS memorandum that it is only partial.No rely is seen published
Devanand.N
RMS
Kerala circle

rajendiran said...

dear

rajendiran said...

DEAR COMRADE,

It is sad, and I am very much dismayed at the fact that the department is conducting
Group B Examination, with the eligibility condition of 5years regular service in LSG
despite the efforts taken by the Federation and P3 CHQ.The Department without ,amending the recruitment rules,(the last amendment was made in the year 1994 )has denied a number of aspiring officials with 5 years service in TBOP,by mere
executive instructions, a rare chance of career progression.The Recruitment rules clearly states
that Clerical line Officials working in Post Offices with 5 Years service in LSG
,AND ABOVE are eligible.The intention of the Recruitment rules is 5 years service in 4500-7000 scale
whatever be the nomenclature.The Department cannot takeaway the vested rights of
TBOP Officials with 5 years service, by mere executive instructions .The stand taken by the
Department cannot be valid since any modification to the eligibility conditions
can only be made by Amendment to Recruitment Rules,by following provisions of
Article 309,and laying them before the PARLIAMENT with respect to subordinate legislation
and not by mere executive instructions.There is no differentiation in the Recruitment rules
between regular LSG and TBOP,and it does not bar TBOP Oficials specifically.

The Deparment's stand is clearly violative of Article 14 and 19.

This unconstitutional stand of the Department should be fought to the finish
to meet the ends of justice and to enable the TBOP Officials, who have all along been nurturing aspiration to
take up the Examination , on completion of 5 years service .

I, on my part, is contemplating filing an O.A.at CHENNAI CAT through SRI K.M.RAMESH ADVOCATE
,and the O.A. will be filed next week.

Please pursue the case at FEDERATION AND P3 level.A strong protest may be filed
with the Department initially ,for not heeding to the demand of the Unions
and arbitrary conduct of the Examination.Pl.,write to the Department to get the
EXAMINATION STAYED.



with regards


YOURS COMRADELY,



P.RAJENDIRAN
SPM ALAGAPURAM P.O.
SALEM 636004
TAMILNADU


savisaran@eth.net

25.12.2007

rajendiran said...

dear comrade