REVISION OF PENSION OF PRE-2006 PENSIONERS- Central Government at last after years of legal battle bowed to court verdict and issued orders for fixation of pension to pre-2006 pensioners from 1.1.2006 instead of from 24.09.2012.
Thursday, July 30, 2015
Wednesday, July 29, 2015
Tuesday, July 28, 2015
LTC advance – 65 days before the proposed date of outward journey
Period for applying LTC advance
A Government servant can draw the Leave Travel Concession advance 65 days before the proposed date of outward journey.
Indian Railways has fixed the advance reservation period as 120 days excluding the date of journey w.e.f. 01.04.2015 for all long distance mail/express trains as well as Shatabdi Express trains.
The issue of any change in instructions relating to drawal of advance for LTC has to be decided keeping in view all factors including changes made by the Railways, as well as financial implications.
This was stated by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office, Dr. Jitendra Singh in a written reply to a question by Shri Kiranmay Nanda in the Rajya Sabha today.
FORMER PRESIDENT A P J ABDUL KALAM PASSES AWAY. A BIG SALUTE TO THE MISSILE MAN
News: Bharat Ratna APJ Abdul Kalam Passed Away: Former Indian President Bharat Ratna APJ Abdul Kalam (Avul Pakir Jainulabdeen Abdul Kalam) Passed Away today(27.07.2015). He was reportedly collapsed on stage while giving a lecture at the Indian Institute of Management in Shillong and immediately rushed to hospital. Doctors say he suffered from a cardiac arrest.
Dr Kalam was born in Rameswaram on October 15, 1931, to a boatman. He played a pivotal role in India's Pokhran-II nuclear test in 1998, the first since the test by India in 1974. He was known as Missile Man India for ensuring the success of Integrated Guided Missile Development Programme (IGMDP). For his achievements, he was awarded the Padma Bhushan, Padma Vibhushan and Bharat Ratna, and then he became the 11th President of India in 2002. He was THE BEST and the ONLY president of India who inspired youth. His life itself is a motivational lesson for the modern youth.
APJ Abdl Kalam : Timeline of Important Dates :
1931 : A.P.J. Abdul Kalam was born on 15th October.
1954: Graduated from Saint Joseph's College, Tiruchirappalli.
1955: Enrolled at the Madras Institute of Technology to study aerospace engineering.
1960: Joined Aeronautical Development Establishment of Defense Research and Development Organization (DRDO) as a chief scientist.
1969: Was transferred to the Indian Space Research Organization (ISRO).
1981 : Honored with Padma Bhushan
1990 : Honored with Padma Vibhushan
1992-1999: Served as the Chief Scientific Adviser to the Prime Minister and the Secretary of Defence Research and Development Organisation.
1997 : Honored with Bharat Ratna
1997 : Honored with Indira Gandhi Award for National Integration
2002-2007: Served as the 11th President of India.
2015 : Passed Away on 27th July.
Famous Books by Abdul Kalam :
Developments in Fluid Mechanics and Space Technology (1988)
India 2020: A Vision for the New Millennium (1998)
Wings of Fire: An Autobiography (1999)
Ignited Minds: Unleashing the Power Within India (2002)
The Luminous Sparks (2004)
Mission India (2005)
Inspiring Thoughts (2007)
Indomitable Spirit (2007)
Envisioning an Empowered Nation (2010)
You Are Born To Blossom: Take My Journey Beyond (2011)
Turning Points: A journey through challenges (2012)
Target 3 Billion (2011)
My Journey: Transforming Dreams into Actions (2013)
A Manifesto for Change: A Sequel to India 2020 (2014)
Transcendence My Spiritual Experiences with Pramukh Swamiji (2015)
Monday, July 27, 2015
Saturday, July 25, 2015
HON’BLE SUPREME COURT ADMITTED THE INTERVENTION APPLICATIION OF ALL INDIA CPWD ENGINEERS ASSOCIATION FOR SPECIAL LEAVE PEITITION (CIVIL) No. 23333/2014. DETAILS ARE GIVEN BELOW:
ITEM NO.8 COURT NO.15 SECTION IVB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A. 5/2015 in Petition(s) for Special Leave to Appeal (C) No(s). 23333/2014
(Arising out of impugned final judgment and order dated 07/11/2013 in CWP No. 24279/2013 passed by the High Court of Punjab & Haryana at Chandigarh)
BABU RAM & ORS. Respondent(s)
Date : 14/05/2015 This application was called on for hearing today.
CORAM : HON'BLE MRS. JUSTICE R. BANUMATHI
Ms. Rekha Pandey, Adv. Ms. Sushma Suri, Adv. Mr. B. V. Balaram Das, AOR
Mr. O. P. Bhadani, AOR
For applicant Mr. R.K. Khanna, Sr. Adv. Mr. Sudhir Naagar, AOR Mr. Mohit Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Grant of Modified Assured Career Progression (MACP) Scheme is the subject matter in issue in SLP(C) No.23333 of 2014.
Mr. R.K. Khanna, learned senior counsel for the applicants, states that they are also similarly situated as that of the respondents in SLP. Ms. Rekha Pandey, learned counsel for the Union of India has no objection.
Accordingly, application for intervention is allowed.
(SANJAY KUMAR-I) (RENU DIWAN)
COURT MASTER COURT MASTER
Friday, July 24, 2015
Thursday, July 23, 2015
RECOMMENDATIONS & CONCLUSIONS
46th SESSION OF I.L.C.
CONCLUDING SESSION OF 46TH I LC
The 46th session of India Labour Conference concluded yesterday at Vigyan Bhawan, New Delhi where the recommendations and conclusions were adopted on 5 chosen agenda items after the at length tripartite deliberations which lasted 2 days.
In his concluding remarks, the chairman of the ILC and Labour and Employment Minister of state (Independent Charge) , Shri Bandaru Dattatreya reiterated his Governments commitment to reform process with tripartite consensus to promote the employment generation at a massive scale particularly for the aspiring youth population of this country. The consensus conclusions/recommendations on each of the agenda items are reproduced here:
Implementation of the conclusions/ recommendations of the 43rd, 44th and 45th Indian labour conference, particularly on contract labour, Minimum wages and scheme workers and tripartite mechanism Conclusions of the committee are as follows:-
The committee debated the recommendations of the 43rd, 44th and 45th Indian labour conference at length and expressed its concern over non-implementation of the conclusions, particularly on contract labour, Minimum wages, scheme workers and tripartism. It was therefore unanimously recommended that concrete measures should be undertaken to expeditiously implement the recommendations in letter and spirit. Periodic reviews should be undertaken by the stakeholders.
Recommendations of conference committee on “social security for organized, unorganized and migrant International workers”
There was an in-principle agreement for coverage of all workers organized as well as unorganized under social security with support wage by Government, if required, for providing decent living conditions. The committee recommended that:
I. Mechanism for identification and registration of unorganized workers should be provided. Special drive should be launched for the said purpose and, if required, direct registration by the Government.
II. Schemes for organized/ unorganized workers should be made efficient.
III. Budgetary provisions should be made for those unorganized workers who are not covered under any specific social security scheme.
IV. The cost of registration of unorganized workers should be borne by the Central/ State Government.
V. There should be proper utilization of fund collected through building construction cess and administrative expensed should not be for what is not stipulated.
VI. The Anganwadi/ Asha/ Mid-day meal and other such workers, the committee reiterated that they should be extended coverage under ESI/ EPF.
VII. As regards ESIC, the following recommendations were given:-
a. ESIC to expand to cover all states/ UTs. All districts where scheme is running at present should be covered fully/
b. The ESIC scheme to be expanded to unorganized sector by reducing the threshold form present 10. Self employed should be provided medical benefit, in phases.
c. The ESIC should directly run the health services in all the states. Stated should not be asked to bear the cost of Medical expenses.
d. Medical Facilities should be expanded at a fast pace; establishments of hospitals and dispensaries should be decided based on geographical necessity.
e. All construction workers should be covered under ESI.
f. ESI coverage for round the clock for medical benefit.
VIII. As regards EPF, recommendations were:-
a. Medical Scheme to EPS pensioners from the surplus Corpus of EDLI Scheme.
b. Extension of coverage by reducing threshold form 20 to 10. ‘Member of LUB opposed this’
c. Coverage of both inter-state and international migrant workers under EPF Act.
d. EPF pension should be enhanced and linked with price index.
IX. Wages definition should be uniform for all labour laws.
X. There should be a mechanism so that employers can deposit social security contributions at single window.
XI. For construction workers, there should be a single contribution from employer.
XII. Implementation of the decisions taken by 43rd, 44th and 45th ILC with regard to Social Security.
However, on the point of optional schemes for ESI & EPF, the employee’s representatives strongly opposed whereas the employers representatives were of the view that options should be available.
Removal of Conditions on payment Ceiling eligibility Limits, Decisions to pay Minimum Bonus without linking to loss when the performance indicator satisfy grant of bonus- The major conclusions emanating from the discussions in the committee are as follows:
The Conference committee on amendment of Bonus Act – Removal of Conditions on Payment Ceiling, Eligibility Limits. Decisions to pay Minimum Bonus without linking to loss when the performance indicator satisfy grant of bonus constituted to discuss the Agenda item No. 3 of 46th session of the Indian Labour Conference met under the chairmanship of Captain Abhimanyu, Minister of Labour, Govt. of Haryana. Shri Om Prakash Mittal, General Secretary, Laghu Udyog Bharti (LUB) and Ms. Meenakshi Gupta and Mr. B.B. Mallick, Joint Secretary, MoLE respectively were the Vice-Cheirman and Member Secretary of the Committee. The Committee had the representation of all the stake-holders (Workers’ Group, Employers’ Group and State Government).
2. At the very outset, the chairman of the committee welcomed all the representatives. He observed that the issue of bonus has been pending for long. He expressed the hope that all the partners would understand and appreciate the position of each other and give recommendations keeping in the view the larger national interest. The Vice-Chairman also welcomed all the Members. Thereafter, the Member Secretary introduced the subject. The agenda has following 3 issues:-
(i). Removal of calculation ceiling;
(ii). Removal of Eligibility Limit; and
(iii). Decisions to pay Minimum Bonus without Linking to loss when the performance indicator satisfy grant of bonus.
3. It was mentioned that last revision in the limits (Calculation Ceiling – Rs. 3500 and Eligibility Limit-RS. 10,000) was done in 2007 based on the recommendations of the 41st ILC.
4. The committee had very intense detailed discussions on all the aspects of the Agenda Item no. 3.
(i). The Trade Unions were of the view that all the ceilings under the payment of Bonus Act. 1965 i.e. eligibility ceiling, calculation ceiling and maximum percent of bonus payable need to be removed. They further expressed that they would like to reiterate the stand taken by them in the tripartite meeting held on 20 October, 2014.
(ii). The Employers, representatives were of the view that total removal of various ceilings may lead to spurt in industrial relation issues. They observed that while making any change in the payment of Bonus Act, 1965 productivity of the workers and paying capacity of the employers have to be taken into account. They further observed that they are not in favour of indexation of cost of living for the purpose of ceiling and bonus calculation. The term ‘Employee’ should be substituted by the term ‘workman’ as defined under the industrial disputes Act. The present system of prescribing limits both for eligibility and calculation should be retained.
(iii). The State Government representatives were of the view that minimum, limit of bonus (8.33%) may continue. Regarding limits with regard to calculation and payment ceiling it was stated that they had no comments to offer. They further observed that distinction between statutory bonus and productivity linked bonus is quite relevant in this regard.
(iv). The State Government representatives also suggested that the central Government may consider notifying the limits for eligibility of bonus and calculation of bonus through and administrative process based on tripartite mechanism rather then legislative process every time. Appropriate amendment to the payment of Bonus Act, 1965 may have to be carried out accordingly.
Labour laws Amendments proposed/ done by central or State Governments Conclusions of the committee are as follows:-
1. The committee reiterates historical role of tripartite mechanism functioning in the country before any enactment/ amendment of labour laws.
2. Any labour law amendments/ enactment should take into account three purpose namely:
(i). Rights and welfare of workers;
(ii). Sustainability of enterprises and job creation; and
(iii). Industrial peace.
3. The labour laws need to be relooked and updated in a time bound manner.
4. Committee recommends that the overall exercise of the labour law amendments should be discussed in the tripartite forum and the broad and specific proposals should also be discussed in tripartite meetings.
Recommendations of committee on “Employment and Employment Generation” of 46 the Indian Labour conference (ILC) are as follows:-
1. The committee noted that the recommendations of 43rd to 45th ILC on Employment & Employability need to be fully implemented.
2. Recognising the employment potential in micro and small industry, especially in rural areas, an effective single-window system be established to promoted agro-based and micro & small industries with facility like concessional finance etc. A system for centralized marketing of products manufactured by these industries can also be developed.
3. Enhance the outlays and threshold for public employment generation programmes in both rural and urban areas.
4. Fill up vacant posts in Central Government, State Governments and Public Sector Undertakings in a time bound manner.
5. Reiterate the necessity for publishing quarterly employment and unemployment data.
6. With Central and State Government moving to on-line systems for employment exchanges there is a need for capacity building of Employment Exchanges officers for their revised roles under National Career Service (NCS). Need for integration of Central and State IT initiatives to avoid duplication.
7. Utilization of idle capacity in Vocational and Educational Institutions and closed/ sick industry for demand responsive training.
8. Enhance and expand areas for Recognition of Prior Learning (RPL) with effective assessment.
9. Enhance number and improve quality of assessors for vocational training and consider including ITI faculty for assessments.
10. To identify labour-intensive industries and new areas where jobs can be created like renewable energy and reusable resources etc. and providing employment liked training.
11. Evolve strategies for increasing female workforce participation in both public and private employment. YSK/Uma (Release ID :123527)
Re-classification / Upgradation of Cities / Towns on the basis of Cencus-2011 for the purpose of grant of House Rent Allowance to Central Government Employees
To view please Department of Expenditure OM No.2/5/2014-E.II(B) dated 21/07/2015 pleaseClick Here.
Wednesday, July 22, 2015
Central Employees To Get 3 Months Paid Leave In Sexual Harassment Case
New Delhi: A complainant in sexual harassment case will be allowed three months paid leave and she or the charged central government employee can be transferred to other department during the inquiry, according to Office Memorandum F.No.11013/2/2014-Estt (A-II1) dated July 16, issued by the Department of Personnel and Training (DoPT) in such cases.
The disciplinary authority has been directed not to dispense with the inquiry in complaints of sexual harassment lightly, arbitrarily or with ulterior motive or merely because the case against the government servant is weak.
The committees for checking sexual harassment at work place will have the powers to recommend transfer of the aggrieved woman or the charged officer to any other workplace, and to grant leave to the aggrieved woman up to a period of three months. “The leave will not be deducted from her leave account,” it said.
Complaints committees have been set up in all ministries and organisations under them in pursuance to the judgement of the Supreme Court in the Vishakha case. These committees are to be headed by a woman and at least half of its members should be women.
“In case a woman officer of sufficiently senior level is not available in a particular office, an officer from another office may be so appointed. To prevent the possibility of any undue pressure or influence from senior levels, such complaints committees should involve a third party, either an NGO or some other body which is familiar with the issue of sexual harassment,” the DoPT said in its instructions.
The aggrieved woman or complainant is required to make a complaint within three months of the incident and in case there has been a series of incidents, three months of the last incident, it said.
The complaints committee may, however, extend the time limit for reasons to be recorded in writing, if it is satisfied that the circumstances were such which prevented the complainant from filing a complaint within the stipulated period, the DoPT guidelines said.
Sexual harassment includes physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing any pornography and any other unwelcome physical, verbal, non-verbal conduct of a sexual nature.
Besides, implied or explicit promise of preferential or detrimental treatment in employment; implied or explicit threat about her present or future employment status; interference with her work, creating an intimidating, offensive or hostile work environment for her; and humiliating treatment likely to affect her health or safety may also amount to sexual harassment, it said. .Source :PTI/NFPE web site
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Frequently Asked Questions(FAQs)
*Courtesy: International Labour Organisation,2014
What is Sexual Harassment?
Sexual harassment is any unwelcome sexually defined behaviour which can range from misbehaviour of an irritating nature to the most serious forms such as sexual abuse and assault, including rape.
The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act 2013 defines sexual harassment to include any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:
i. physical contact and advances
ii. a demand or request for sexual favours
iii. making sexually coloured remarks
iv. showing pornography
v. any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
· What is sexual harassment at workplace?
Sexual harassment at the workplace is any unwelcome sexually defined behaviour which has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile, abusive or offensive working environment.
The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act 2013 states that if the following circumstances occur or are present in relation to, or connected with any act or behaviour of sexual harassment, it may amount to sexual harassment at the workplace:
I. Implied or explicit promise of preferential treatment in her employment in her employment; or
II. Implied or explicit threat of detrimental treatment in her employment; or
III. Implied or explicit threat about her present or future employment status; or
IV. Interference with her work or creating an intimidating or offensive or hostile work environment for her; or
V. Humiliating treatment likely to affect her health or safety.
· Quick checklist: Is your work environment free from sexual harassment?
Most women themselves fail to recognize sexual harassment and treat it as trivial and routine. Take a look at the checklist below and fill a check mark (√) to an appropriate box.
You have supervisors or colleagues that you want to avoid working together
. You feel that somebody is constantly staring at you
. The number of female and male workers is not well-balanced
. There are times when supervisors or colleagues touch your body
. There are uncomfortable incidences at my workplace but I tolerate it with my patience
. My supervisor sometimes asks me out for dinner
. I stay obedient to whatever my supervisor says as I do not want to lose my job
. I receive some jokes and comments related to my appearance
. My supervisor frequently asks me about my personal life
. I often receive emails irrelevant to my work from a colleague/supervisor
If you have many check marks under “Yes”, your work environment may not be free from sexual harassment. If you are in doubt, discuss with trusted colleagues, and do not stay silent.
What should you do if you experience sexual harassment?
If you experience sexual harassment, take action to stop it.
Speak up at the time: Be sure to say "NO" clearly, firmly and without smiling when you experience sexual harassment as that is the best way to let the harasser know that his or her behaviour is offensive. If you are asked to go places, do things, respond to questions, or engage in situations that make you uncomfortable, say "NO" emphatically and clearly and do not worry about offending the other person or hurting his or her feelings. Objecting to the behaviour when it occurs helps if you decide to file charges later.
Keep records: Keep track of what happens in a journal or diary and keep any letters or notes or other documents you receive. Keep copies of any offensive material at the workplace. Write down the dates, times (including frequency of offensive encounters), places, and an account of what happened. Write down the names of any witnesses.
Every document that you use during trial must be authenticated by a witness. Keep this in mind during your depositions when the defense asks you where you obtained a document. If you are not clear about where you got the document, and who can authenticate it, you will not be able to use it during your trial.
Take all letters of commendation, awards, thanks you's and anything at all that will corroborate your positive job performance. Pay special attention to documents that your superiors have provided lauding you and your work. If possible, ask your clients, staff, and peers for letters of commendation.
Talk to someone you can trust: Being quiet or stoic about sexual harassment lets it continue. Talk to other co-workers, union members, family members or friends whom you can trust. You may not be the only one harassed by this person.
Create a witness: Inform a trusted colleague and try to insure that s/he is an eye or ear witness to a situation where you are being sexually harassed. This will be useful later if you chose to file a formal complaint.
Report sexual harassment to the appropriate person in the organization: Explore the different avenues available to you and file a formal complaint if necessary. If your organization does not have a policy, ensure that your employer formulates an anti-sexual harassment policy and carries out all the connected tasks.
Get a medical check-up: If you have been raped or physically assaulted, go for a medical check-up. Obtain a medical report. This is important, should you decide to pursue a legal case.
· Can an aggrieved file a civil suit in a case of sexual harassment in the workplace?
Yes, a civil suit can be filed for damages under tort laws. The basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by the sexual harassment.
· Under what circumstances can complaints be filed?
Complaints may be filed under the following circumstances:
· Cases involving individuals from the same organization
· Cases that concern third party harassment, which implies harassment from an outsider.
· Where can I file a complaint?
o Internal Complaints Committee – if you are an aggrieved woman who has a relationship of work with that specific organization
o Local Complaints Committee – if you are an employee from an establishment where the Internal Complaints Committee has not been constituted due to having less than 10 workers. In the case that the complaint is against the employer himself/herself and the individual feels that the case may be compromised, she can also lodge the complaint in the LCC
o For instances where the LCC may not be immediately accessible, the Act instructs the District officer to designate one nodal officer in every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban area, who will receive the complaint and forward it to the concerned LCC within 7 days.
o Local police station, in case provisions under the Indian Penal Code are applicable.
Source : http://pib.nic.in/newsite/efeatures.aspx?relid=123114