NEXT HEARING OF SLP(C) NO. 21803/2014 (UNION
OF INDIA & ORS VS. M.V. MOHANAN NAIR) TAGGED WITH CASE NUMBERS SLP(C) NO. 22181/2014 , SLP(C) NO.
23335/2014, SLP(C) NO. 23333/2014, SLP(C) NO. 18227/2015 IS POSTED IN THE
ADVANCE LIST FOR 16TH NOVEMBER 2015.
The details given in the advance list is placed below:
COURT OF INDIA
ADVANCE LIST - AL/170/2015 MONDAY 16TH NOVEMBER 2015
169. SLP(C) NO. UNION
OF INDIA & ORS. MR. B. V.
The Cabinet on Wednesday decided to double the wage ceiling for calculating bonus to Rs 7,000 per month for factory workers and establishments with 20 or more workers.
“The Payment of Bonus (Amendment) Bill, 2015 to enhance the monthly bonus calculation ceiling to Rs 7,000 per month from existing Rs. 3,500 was approved by Union Cabinet here,” a source said after the Cabinet meeting.
The amendment bill will be made effective from April 1, 2015. Now the bill will be tabled in Parliament for approval.
The bill also seeks to enhance the eligibility limit for payment of bonus from the salary or wage of an employee from Rs. 10,000 per month to Rs. 21,000.
The Payment of Bonus Act 1965 is applicable to every factory and other establishment in which 20 or more persons are employed on any day during an accounting year.
The bill also provides for a new proviso in Section 12 which empowers the central government to vary the basis of computing bonus.
At present, under Section 12, where the salary or wage of an employee exceeds Rs. 3,500 per month, the minimum or maximum bonus payable to employees are calculated as if his salary or wage were Rs. 3,500 per month.
The last amendment to both the eligibility limit and the calculation ceilings under the said Act was carried out in 2007 and was made effective from April 1, 2006.
MACP ON PROMOTIONAL HIERARCHY Next hearing of SLP18227/2015 (Union of India & Ors Vs Rajnikanta Dekha
& Ors) was listed/posted in the advance list for 26th October. But
in the final list for 26/10/2015, the case is not appearing. Meanwhile, we are
in constant touch with the lawyer of Rajni kanta dekha, who assured us of
filing the counter reply this week. Now the case may be taken up on
16/11/2015 alongwith the case of Shri MV Mohanan Nair.
copy of the Office report of the SLP18227/2015
is given below:
Finance Ministry issued Revised Method of Pay Fixation in the Cases of promotion taking place in the pre-revised pay structure between 1.1.2006 and the date of notification of CCS(RP) Rules,2008 and the subsequent merger of the pre-revised pay scales of the promotional and the feeder posts in a common Grade. VIEW/DOWNLOAD FINANCE MINISTRY OM
Grant of Non-Productivity Linked Bonus (Ad-hoc Bonus) to the Central Government Employees for the year 2014-15
No.7/24/2007/E III (A)
Government of India
Ministry of Finance
Department of Expenditure
E III (A) Branch
New Delhi, the October 16, 2015
Subject: – Grant of Non-Productivity Linked Bonus (ad-hoc bonus) to Central Government Employees for the year 2014-15.
The undersigned is directed to convey the sanction of the President to the grant of Non-Productivity Linked Bonus (Ad-hoc Bonus) equivalent to 30 days emoluments for the accounting year 2014-15 to the Central Government employees in Groups ‘C’ and ‘D’ and all non-gazetted employees in Group ‘B’, who are not covered by any Productivity Linked Bonus Scheme. The calculation ceiling for payment of ad-hoc Bonus under these orders shall continue to be monthly emoluments of Rs. 3500/-, as hitherto. The payment of ad-hoc Bonus under these orders will also be admissible to the eligible employees of Central Para Military Forces and Armed Forces. The orders will be deemed to be extended to the employees of Union Territory Administration which follow the Central Government pattern of emoluments and are not covered by any other bonus or ex-gratia scheme.
2. The benefit will be admissible subject to the following terms and conditions:-
(i) Only those employees who were in service as on 31.3.2015 and have rendered at least six months of continuous service during the year 2014-15 will be eligible for payment under these orders. Pro-rata payment will be admissible to the eligible employees for period of continuous service during the year from six months to a full year, the eligibility period being taken in terms of number of months of service (rounded off to the nearest number of months);
(ii) The quantum of Non-PLB (ad-hoc bonus) will be worked out on the basis of average emoluments/calculation ceiling whichever is lower. To calculate Non-PLB (Ad-hoc bonus) for one day, the average emoluments in a year will be divided by 30.4 (average number of days in a month). This will thereafter be multiplied by the number of days of bonus granted. To illustrate, taking the calculation ceiling of monthly emoluments of Rs. 3500 (where actual average emoluments exceed Rs. 3500/-, Non-PLB (Ad-hoc Bonus) for thirty days would work out to Rs. 3500×30/30.4=Rs.3453.95 (rounded off to Rs.345%)
(iii) The casual labour who have worked in offices following a 6 days week for at least 240 days for each year for 3 years or more (206 days in each year for 3 years or more in the case of offices observing 5 days week), will be eligible for this Non-PLB (Ad-hoc Bonus) Payment. The amount of Non-PLB (ad-hoc bonus) payable will be (Rs.12oox30/30.4 i.e.Rs.1184.21 (rounded off to Rs.1184/). In cases where the actual emoluments fall below Rs.1200/- pm, the amount will be calculated on actual monthly emoluments.
(iv) All payments under these orders will be rounded off to the nearest rupee.
(v) The clarificatory orders issued vide this Ministry’s OM No.F.14 (10)-E. Coord/88 dated 4.10.1988, as amended from time to time, would hold good.
3. The expenditure on this account will be debitable to the respective Heads to which the pay and allowances of these employees are debited.
4. The expenditure to be incurred on account of Non-PLB (Ad-hoc Bonus) is to be met from within the sanctioned budget provision of concerned Ministries/Departments for the current year.
5. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued in consultation with the Comptroller and Auditor General of India.
CLAIMING OF MEDICAL EXPENDITURE FOR TAX PURPOSES MADE EASY
One of the pillars of the of the taxation proposals included in the Finance Minister’s Budget Speech for 2015-16 was extension of benefits to the middle class. In this process, the Finance Minister announced extension of certain benefits in respect of medical treatment under section 80DDB. This section allows a deduction for expenditure incurred on treatment of specified ailments.
Taking the process forward, Central Board of Direct Taxes (CBDT) has issued a Notification vide S.O. No.2791 (E) on 12thOctober 2015 amending Rule 11DD. The amended Rule relaxes the condition of obtaining the certificate for claiming expenditure under section 80DDB in respect of specified ailments from a specialist working in a Government hospital. As per amended Rule 11DD, the prescription can be issued by any specialist mentioned in the amended Rule. Henceforth, it will not be mandatory to obtain a certificate from a specialist working in a Government hospital.
CONFEDERATION NATIONAL SECRETARIAT DECIDED TO ORGANIZE NATION WIDE CAMPAIGN AND PROTEST PROGRAMME AGAINST THE NEGATIVE ATTITUDE OF THE NDA GOVERNMENT TOWARDS CENTRAL GOVERNMENT EMPLOYEES DEMANDS
2015 NOVEMBER 2nd TO 6th
INTENSIVE CAMPAIGN AMONG THE CENTRAL GOVERNMENT EMPLOYEES BY ORGANIZING GENERAL BODY MEETINGS, CONVENTIONS, OFFICE TO OFFICE SQUAD WORK, DISTRIBUTION OF PHAMPLETS AND POSTERING
2015 NOVEMBER 6th
NATIONWIDE MASS DHARNA AT ALL IMPORTANT CENTRES
2015 NOVEMBER 19th
(a)MASSIVE DHARNA AT JANTAR MANTAR, NEW DELHI. ALL NATIONAL JOINT COUNCIL OF ACTION LEADERS (RAILWAY, DEFENCE & CONFEDERATION) AND ALL STANDING COUNCIL MEMBER WILL SIT ON DHARNA.
(b)NATIONWIDE PROTEST DEMONSTRATIONS IN FRONT OF ALL WORK SPOTS AND OFFICES.
The National Secretariat Meeting of the Confederation held at Hyderabad on 09th October 2015 while endorsing the decision of the National Joint Council of Action (Railway, Defence & Confederation) to organize massive protest dharna at Jantar Mantar, New Delhi on 19th November 2015 and also Nationwide Protest Demonstration in front of all works spot & offices, has decided to further intensify the protest action against the negative attitude of the NDA Government by organizing the following programmes: -
(1)2015 November 2nd to 6th - Campaign Week.
(2)2015 November 6th – Nationwide Mass Dharna at all Important centres.
The Campaign and Protest Dharna will be organized mainly on the following three issues: -
(1)Non Settlement of any of the legitimate demands raised by the JCM Staff Side, National Council by the NDA Government.
(2)Causing engineered delay by the Government in the submission of 7th CPC report by granting four months extension upto 31st December 2015, even when the Pay Commission was ready to submit its report within the stipulated time i.e. 28th August 2015.
(3)Unwarranted intervention of the Finance Ministry in the independent functioning of the Pay Commission by issuing a statement asking the 7th CPC to factor into its report the fiscal concern of the government and thereby to pressurize the commission not to recommend wage rise on the basis of a sound and scientific formulation.
All affiliated organizations and C-O-Cs are requested to implement the above campaign and protest programme throughout the country in a most befitting manner.
GUIDELINES ON FRAMING/ AMENDMENT/ RELAXATION OF RECRUITMENT RULES ON THE WEBSITE-REGARDING BEFORE REFERRING ANY PROPOSAL FOR FRAMING/ AMENDMENTS IN THE RECRUITMENT RULES OF ANY POST IN MINISTRIES/DEPARTMENTS AND THEIR SUBORDINATE AND ATTACHED OFFICE, THE PROPOSED AMENDMENT/REVISION IN THE RECRUITMENT RULES WOULD BE PUT UP ON THE WEBSITE OF THE RESPECTIVE MINISTRIES/DEPARTMENTS FOR 30 DAYS FOR INVITING COMMENTS FROM THE STAKEHOLDERS. CLICK HERE FOR DETAILS
Brief Note on JCM National Council Standing Committee Meeting held on 9th October 2015 at New Delhi.
The Standing Committee of the JCM National Council met on 9th October, 2015. As you are aware, earlier, the National JCA had decided to defer the strike action and organize a massive Dharna programme at Jantar Mantar on 19th November, 2015 to register its strongest protest over the Government’s engineered delay in the submission of the 7th CPC Report. Later, the Finance Ministry has issued a statement asking the 7th CPC to factor into its report the fiscal concern of the Government, which was an unwarranted interference in the independent functioning of the Commission and to pressurise the Commission not to recommend wage rise on the basis of a sound and scientific formulation.
The Staff side on receipt of the invitation to have the meeting on 9thOctober, decided to respond and convey to the Government their strong resentment over the virtual dilution of the negotiating forum as also the above concerns. In the meeting the Staff side was informed that the Secretary Personnel would be meeting the Standing Committee soon and the meeting on 9thwas in fact only a prelude to understand each other’s points of views. It was in the background the meeting was held on 9th October, 2015.
The leader and Secretary, Staff Side conveyed the unanimous decision of the National JCA as under to the Government.
(a) The Standing Committee, as per procedure evolved, must be chaired by the Secretary Personnel.
(b) The JCM Machinery’s functioning should not be diluted. (c) The promised meeting of the National Council has not taken place so far.
(d) The minutes of the last two meetings of the National Anomaly Committee have not been formally issued.
(e) ‘The Official side Secretary must convene a meeting of the Staff Side to iron out any difference in the draft minutes.’
(f) Normally meetings are held after circulation of the ATS. This has not been done (g) The Official Side must convey the anguish of the employees over the delay in the submission of the report by the 7th CPC which they rightly feel has been engineered by the Government. They also pointed out that they are constrained to believe that the Govt. was unnecessarily interfering in the functioning of the Pay Commission.
We give hereunder a brief resume of the discussions held on the agenda items.
After the initial remarks made by the Staff Side all issues in the charter of demands were discussed. There had been however, no final settlement on any issue as the meeting itself was not convened for that purpose. The Staff Side stated that even the promises held out in the last meeting that the Departmental Council meeting would be held soon was not honoured.
On the question of Pay revision related issues, viz. Interim relief, DA merger, inclusion of GDS etc . elaborate discussions were held. It has come out clearly that on all these issues, the Finance Ministry has taken an nugatory Stand, even though the arguments put forth were extremely untenable. It was pointed out by the Staff Side that the Interim relief and DA merger was denied on the specious plea of submission of the report in the stipulated time. Having extended the time, the Govt. ought to have considered the grant of these two demands. There had been a very elaborate discussion on the question of inclusion of the GDS within the purview of the 7th CPC. The Postal Department’s representatives narrated the efforts made by them to the Government for conceding this demands. The Finance Ministry has stood firm and objected to the demand being agreed to. The Staff Side has, in the given situation of the 7th CPC having finalised its report, requested the Government to refer the matter to a Judicial Committee headed by the present Chairman, 7th CPC as he has now been fully apprised of the functioning of various ministries and Departments of the Government through the interaction with the Staff and official sides. No commitment was however made by the Government to the above suggestion.
On the question of induction of FDI in Railways, Corporatisation of Postal Department and Defence organisations, the representative of the Railway Ministry stated that they are constantly discussing the issues with the Railway Federations and was exploring the possibility of reaching an agreement. In the case of corporatisation of the Postal Department, it was stated that the recommendations made by the Committee was discussed with the Federations and it has been agreed that except induction of certain professionals at the managerial level to fine tune the functioning of the Department in the changed scenario, the Federations have been assured that no structural changes would be made without consulting them. However, in the case of Defence, no discussions with the Federations have been held so far.
PFRDA. The Staff Side pointed out the present scenario in the Government offices, where the number of employees and officers who are outside the ambit of the statutory pension scheme has grown and have reached in certain organisations to the extent of 25 to 30%. These employees are extremely concerned of the new scheme and their anguish have been expressed in many forms. The Unions would be compelled to take drastic action if the Government refuses to heed to their plea to effect a relook or revisit on the matter. The representatives of the Railways pointed out that the Honourable Minister for Railways was convinced of the situation and that was the reason why he had written to the Finance Ministry that in the given situation of the Railway functioning, the new scheme would not only jeopardise the interest of the Railwaymen but also of the Railway Industry itself.
On the specific question raised by the Staff side in the last meeting in respect of resolving the issues of Medical Store Deport and the Printing and Stationery department, the Staff Side stated that only the meeting of the Medical Store Depot was held and the issues have been resolved to some extent. The Printing and Stationery Department has now sent a communication to the Staff Side fixing the meeting on 15th October ‘15. The general issues emanating from the policy of outsourcing and contractorisation was also discussed at length
JCM functioning had been the central point of discussions. The Staff Side has pointed out that unless the Government makes up its mind that the machinery should be put on operation, no industrial peace would come in the functioning of the various departments of the Govt. of India. The Staff side asked the Department of personnel to collect the information of the number of cases litigated in the courts by the Government employees in 1991 and 2015 and make a comparison to know the seriousness of the problem.
On compassionate ground appointments question, it was stated by the Staff Side that despite advancing no cogent argument by the official side for retaining the 5% ceiling, the Department of personnel does not want to make a relook into the matter. The Staff Side pointed out that large number of applications were pending in various Departments, and the concerned department would not be able to clear them even after 20 years for want of the requisite vacancies. They also pointed out that the decision of the Government to impose the 5% ceiling was amounting to a cruelty imposed on the family members of the Government servants who dies in harness.
The Labour Ministry representative was present at the meeting. The meeting did not discuss the merits and demerits of the labour reforms as the Trade Unions in the country has rightly concluded that it has been conceived to favour the corporate houses and to take away the existing privileges of the workers. The point at issue, however, at the meeting was as to why the Labour Ministry did not cause a consultation with the Industrial Federations in the Government of India, for whom the Industrial Disputes Act is applicable. The Labour Ministry has assured to convene a meeting of the representatives of such organisations soon.
The Labour Ministry representative also stated that the government has agreed to raise the bonus ceiling but it would not be appropriate for him to make a mention of the quantum as the Cabinet is yet to give its clearance. The Government would be able to take a decision in the matter only after the Bihar elections are over.
The Staff Side explained the background of the demand for five promotions. The reaction of the official side was that the matter must be appropriately discussed only after the 7th CPC report is made available.