7th CPC PAY FIXATION AND GRANT OF INCREMENT IN REVISED PAY STRUCTURE – FINMIN ISSUED CLARIFICATION ORDERS ON 29.9.2016 CLICK HERE FOR DETAILS
Friday, September 30, 2016
Enhancement of the rate of bonus payable to casual Labourers consequent on enhancement calculation ceiling of bonus for Central Government Employees from 3500 to 7000 - Confederation writes to Ministry of Finance and Ministry of DOP&T
Wednesday, September 28, 2016
Tuesday, September 27, 2016
UNDERSTANDING MINIMUM WAGES AND BONUS
Press Information Bureau
Government of India
Ministry of Labour & Employment
24-September-2016 10:35 IST
Understanding Minimum Wages and Bonus
A minimum wage is the lowest remuneration that employers may legally pay to workers or it is the price floor below which workers may not sell their labour.
The concept of minimum wages first evolved with reference to remuneration of workers in those industries where the level of wages was substantially low as compared to the wages for similar types of labour in other industries. As far back as 1928, the International Labour Conference of International Labour Organization, at Geneva, adopted a draft convention on minimum wages requiring the member countries to create and maintain a machinery whereby minimum rates of wages can be fixed for workers employed in industries in which no arrangements exist for the effective regulation of wages and where wages are exceptionally low. Also, at the Preparatory Asian Regional Labour Conference of International Labour Organisation held at New Delhi in 1947 and then at the 3rd session of the Asian Regional Labour Conference, it was approved that every effort should be made to improve wage standards in industries and occupations in Asian Countries, where they are still low. Thus, the need of a legislation for fixation of minimum wages in India received an impetus after World War II, on account of the necessity of protecting the interest of demobilized personnel seeking employment in industries.
The justification for statutory fixation of minimum wage is obvious. Such provisions which exist in more advanced countries are even necessary in India, where workers’ organizations are yet poorly developed and the workers’ bargaining power is consequently poor.
To provide for machinery for fixing and revision of minimum wages a draft Bill was prepared and discussed at the 7th session of the Indian Labour Conference in November, 1945. Thereupon the Minimum Wages Bill was introduced in the Central Legislative Assembly. The Minimum Wages Bill having been passed by the Legislature received the assent on 15th March, 1948. It came on the Statute Book as the Minimum Wages Act, 1948.
The Act provides for fixation by the appropriate Governments of minimum wages for employments covered by Schedule to the Act. The Central Government is the appropriate Government in respect of 45 scheduled employments in the Central Sphere. The minimum wages fixed for Central sphere are applicable to the scheduled employments in the establishments under the authority of Central Government, railway administrations, mines, oil-fields, major ports or any corporation established by a Central Act. Employments other than the scheduled employment for Central Sphere come under the purview of the State Government and accordingly State Government wages are applicable in such employments. The minimum wages for Central Sphere are revised from time to time based on the increase in Consumer Price Index effective from April and October.
According to Section 3(1)(b) of the Minimum Wages Act, 1948, “the appropriate government shall review at such intervals, as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates if necessary.
The norms recommended by the Indian Labour Conference, in 1957, fox fixing the minimum wages are: (a) consumption units for one wage earner; (b) minimum food requirements of 2700 calories per average Indian adult; (c) clothing requirements of 72 yards per annum per family; (d) rent corresponding to the minimum area provided for under Government’s Industrial Housing Scheme; and (e) fuel, lighting and other miscellaneous items of expenditure to constitute 20% of the total minimum wage.
In 1991, the Hon’ble Supreme Court delivered a historic judgement and directed that children’s education, medical requirement, minimum recreation including festivals/ceremonies, provision for old age, marriage etc. should further constitute 25% of the minimum wage and be used as a guide in fixation of minimum wage.
The Act envisages appointment of an Advisory Board, by the appropriate Government, for the purpose of advising the appropriate Government in the matter of fixing and revising minimum rates of wages.
The Central Government revises the wages in the scheduled employments from time to time in accordance with the provisions of the Minimum Wages Act, 1948. Draft Notifications for all the Scheduled Employments in the Central Sphere were issued on 1st September, 2016 simultaneously, in fact for the first time. The basic rate of minimum wages for an unskilled worker in the scheduled employment other than agriculture has been proposed at Rs.350 in Area ‘C’ from the current minimum wage (basic wage + variable dearness allowance) of Rs.246 resulting in an increase of about 42%. The basic rate of minimum wages for an unskilled worker in the scheduled employment “agriculture” has been proposed at Rs.300 in Area ‘C’ from the current minimum wage (basic wage + variable dearness allowance) of Rs.211 resulting in an increase of about 42%.
The proposed revision in the rates of basic minimum wages would indeed provide much needed solace to the labour fraternity.
Bonus payment is an extra payment given for doing one's job well also known as performance-related pay or pay for performance.
The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917. In certain cases of industrial disputes demand for payment of bonus was also included. In 1950, the Full Bench of the Labour Appellate Tribunal evolved a formula for determination of bonus. A plea was made to raise that formula in 1959. At the second and third meetings of the eighteenth Session of Standing Labour Committee (G.O.I) held in New Delhi in March/ April 1960, it was agreed that a Commission be appointed to go into the question of bonus and evolve suitable norms. A Tripartite Commission was set up by the Government of India to consider in a comprehensive manner, the question of payment of bonus based on profits to employees employed in establishments and to make recommendations to the Government. The Government of India accepted the recommendations of the Commission subject to certain modifications. To implement these recommendations the Payment of Bonus Act, 1965 was enacted, which came into force on 25-9-1965.
The objective of the Payment of Bonus Act, 1965 is to provide for the payment of bonus to the persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matter connected therewith.
It applies to (i) Every Factory; and (ii) Every other establishment in which 20 or more persons are employed on any day during an accounting year subject to the exemptions under section 32. Every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for not less than thirty working days in that year. While the minimum bonus is 8.33% of the salary or wage earned by the employee during the accounting year, the maximum bonus is 20% of such salary or wage.
Two ceilings are available under the said Act generally known as eligibility limit and calculation ceiling respectively. Clause 13 of Section 2 of Payment of Bonus Act, 1965 defines an employee based on salary or wage per mensem. This is usually taken as the “eligibility limit” for computation of bonus. Similarly, Section 12 of the Payment of Bonus Act, 1965 provides for calculation of bonus of an employee based on salary or wage per mensem. This is known as “calculation ceiling”.
The two ceilings are revised from time to time to keep pace with the price rise and increase in the salary structure. At present, the calculation ceiling has been enhanced to Rs.7000 or the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher and the eligibility limit has been enhanced to Rs.21,000/-.
Due to this revision, additional 55 lakh workers would be benefited. This would indeed, be a good gesture on the part of the Government towards the labour fraternity.
Saturday, September 24, 2016
Implementation of recommendation of 7th CPC – Fixation of Pay and Payment of arrears in respect of - (a) Autonomous organisations (b) Central Government Employees who are working in Autonomous bodies on deemed deputation.
Click here to view - Letter to Secretary (Expenditure), Ministry of Finance
Click here to view - Letter to Secretary (Expenditure), Ministry of Finance
Friday, September 23, 2016
Thursday, September 22, 2016
No. CONF/SECTT/2016-19 Dated - 23.08.2016
It is hereby notified that the National Secretariat meeting of the Confederation of Central Government Employees & Workers will be held on 30thSeptember, 2016 (Friday) at 10.30 AM at NFPE office, New Delhi (North Avenue Post Office building). All CHQ office bearers of Confederation and Women Sub Committee office bearers (not women sub-committee members) are requested to attend the meeting in time. The following shall be the agenda of the meeting.
1. Review of the 25th National Conference of Confederation held at Chennai from 16th to 18th August 2016.
2. Review of the National Women’s Convention held at Chennai on 17th August 2016.
3. Review of the 2nd September 2016 General Strike – Campaign conducted and percentage of participation of membership in the strike in each organization/State.
4. Review of the progress made in settlement of NJCA Charter of Demands including increase in minimum wage and fitment formula as per assurance of Group of Ministers.
5. Finalization of dates and charter of demands of Confederation for implementing the agitational programmes decided in the 25th National Conference.
6. Issues relating to the affiliated organisations.
7. Financial Review.
8. Any other items with permission of the chair.
1. All National Secretariat Members (Office Bearers)
2. Office Bearers of the Women’s Sub Committee
Wednesday, September 21, 2016
ALL INDIA ASSOCIATION OF ADMINISTRATIVE STAFF (NG)
MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION
REPORT OF THE GENERAL SECRETRY
Dear Comrade President, distinguished guests and delegates,
On behalf of the Association I welcome you all in the 11th conference of the Association. After the last conference held at Nagpur on 21 & 22/02/2015 several developments, affecting negatively to the working class and common man, were occurred due to continuous expansion of market economic policies in the country. Aggressive disinvestment of Profit making public sector units and contractorisation of work force in Government offices with an intention to provide cheep labour to the corporate is being done continuously. Decision for 100% FDI in Difence & the railways has been taken. Working hours are being increased and trade Union rights curtailed. And in order to divert the anger of crores of unemployed youth and sufferings of common man, division of the society on communal and caste line is being done. It is a proven fact that market economy is benefited to only the rich that make less than 20% of the Indian society and these section get support from the ruling classes for greater exploitation of the working people and common man.
I put hereunder the brief accounts of these events together with the progress of the matters put up by our Association to the Authorities concerned in the intervening period.
This association pays respectful homage to all the renowned dignitaries/leaders of working class, passed away during the intervening period and dips our banner in their memory. Our profound sympathy goes to those bereaved by the loss of their near and dear ones due to terrorist attacks and natural calamities during the period.
2. WORLD SCENARIO:
Despite of the continuous efforts by the capitalist countries, the global economic crisis, commenced with the great recession in the year 2008, continues. In order to come out of the crisis, the ruling class shifts the burden to the shoulders of common people. As a result, live and livelihood and hard earned rights of the people are under attack; working hours is being increased; the act of wage cut and austerity measures intensified. This is aggravating the unemployment situation and evoking widespread protests by workers, students and youth world over.
The World Economics and Prospects released by the United Nations in December 2015 denotes the growth slow-down of the world economy from 4% to 2%, warned that there is a risk of another round of recession. The report says that developed economies of the US, Europe and Japan taken together would grow only at less than 2%.
Capitalist model of development has resulted in obscene levels of inequality and disparity with 62 richest people owing wealth equal to that of half of world’s population. The wealth owned by the poorest 50% of population dropped by 41% between 2010 and 2015. In India, richest 1% Indian’s own 53% of country’s wealth, while top 10% rich own 76.3%. Unemployment, particularly among youth, especially among educated youth, has been on the rise to an alarming proportion. The demand of the trade unions to reduce working hours to 35 hours a week and working day to comprise four shifts, as a means for employment generation and an immediate measure to address the serious unemployment situation in the world, was not acceded by the capitalist Governments. At the same time huge concessions and tax exemptions are being extended to corporate and financial institutions that are responsible for the crisis.
On the other hand, imperialist countries led by United States are using all means-economic, military and political forces- to impose its supremacy on entire world. As a part of this strategy they wanted to control the resources of rich countries, especially the oil rich countries. The war in Afghanistan and Iraq and military interventions in Libya, Syria and Yemen- all are the strategy of the US to control these oil rich countries. Despite of all these efforts, economic crisis in US is deepening.
The root crisis persists in capitalist countries is a direct outcome of the neo-liberal capitalist driven international finance capital and the finance capital driven globalization. It is to b e noted that compared to US led capitalist economies, major developing countries have registered a relatively higher growth rate since the great recession in the year 2008 because in developing countries major Industries, banks and other important sectors are still under the control of Government. The global economic crisis has exposed the inherent limitations of not only the neo-liberal policies of globalization but also the capitalist system itself, which can never be immune from such crisis. It is a systemic crisis that is deeply rooted in the intrinsic laws of capitalist system.
On the other hand, the increasing discontentment and anger of the people against the widening disparities have led to their growing participation in struggles to protect their working conditions and livelihoods. Increasing sections of the people - workers, peasants, youth, unemployed, and women - are getting gradually disillusioned with the capitalist model of development. Working class across the world is engaged in bitter struggles against such attacks. The entire capitalist countries resound with militant strikes and mobilizations with the participation of hundreds of thousands of workers across Europe, the USA, Asia and Africa. The latest is the massive more than a million rally in Paris against the anti-working people policies pursued by the French Govt. The exist of Britain from European Union (Brexit) is embroiled in a huge debate spilling over into the whole of Europe. The ongoing presidential election process in the USA is also throwing up many vital issues affecting the ordinary people. More and more people are raising their voice against the most obscene disparity and inequality imposed on them. All these show the propaganda that “capitalism is the end of history and there is no alternative” has lost its relevance and charms and the slogan “socialism is the alternative” has become the present day reality in many countries.
There has been a growth in virulent forms of Fundamentalism and sectarian chauvinism around the world. The recent period has seen the rise of ISIS and other extremist forces in West Asia, Boko Haram in Nigeria, Islamic Fundamentalist in Afghanistan, Pakistan, Somalia and North Africa, Buddhist Chauvinist Groups in Sri Lanka and Myanmar and extreme right wing parties in Europe. These are both products of imperialist intervention and a result of the retreat from universal progressive values.
3. NATIONAL SITUATION:
It seems that the BJP led NDA Government is pursuing the same globalization-liberalization policies of UPA with increased zeal. It is to be noted that BJP was vehemently opposing these policies, terming it as anti people when it was in opposition. The Finance Minister of UPA II had confessed that the public sectors of India saved the country from economic down fall when a severe economic melt faced the capitalist world and yet the Government is adamant on its privatization on the pressure of the Capitalist economic organisations.
The Union budget for 2016-17 reaffirmed the pro-rich approach of the present Government. Reduction in corporate taxes and giving more concessions for foreign capital accompanied with slashing of public expenditure on welfare measures, health and educational outlays confirms the same. Policy for massive cut in Non Plan Expenditure is being framed. On the other hand, implementation of the neo-liberal policies worsened the conditions of working people on the one hand and the vicious attempts to weaken the struggles against these policies by dividing people on the basis of religion, caste etc. thereby disrupt their unity, on the other.
Agricultural income has registered negative growth during the last year. As a result unemployment, especially rural unemployment, has grown significantly in 2015. The last quarter of 2015 has recorded virtually a negative growth of employment. There is no let up in the rising prices of food articles with prices of all essential items which brought the life more difficult for ordinary people. During the period under report the country has witnessed severe agrarian crisis; 18 out of 29 states were affected by drought; Farmers’ suicide rose sharply. In Maharashtra alone between January and October 2015, 2580 farmers committed suicide, the highest number since 2001. But NDA Government closed its eye to the sufferings of the farmers. It did not raise minimum support price of crops substantially. Moreover, the Government has not made any increase in the allocations under the MGNREGA despite of the fact that such increase would have been reduced the increased suicides.
In order to implement the neo liberal policies in favour of Corporate NDA Government started amending and diluting the labour laws. Some BJP state Governments like Rajasthan, Madhya Pradesh and Maharashtra have already amended labour laws by which workers rights have been curtailed and the employers given a free hand for closure, lock-outs and “hire and fire” as a result under the neo-liberal regime permanent employment has come down sharply. And the number of contract workers and casual labourers reached alarming proportion.
Pandit Jawaharlal Nehru, the architect of the modern India, called the public sector is the temples of modern India. But the present NDA Government is bowed to hand over these temples to the corporate at throw away prices. And Government is going ahead with disinvestment of shares of highly profit making public sector undertakings forcefully, the target of sale for the current financial year is fixed at Rs. 54000 crores. Navaratna and Maharatna PSUs like SAIL, BHEL, and NALCO etc. have been shortlisted for disinvestment. Shares of Oil India Ltd., NMDC, Power grid Corporation, Power Finance Corporation and NTPC have been sold out despite stiff resistance from the Unions. Besides, the NITI Ayog has been made to submit a list of PSUs to Prime Minister’s office recommending fast-track sale of those companies on various pretext, which includes Air India, FACT, Chennai Petroleum, Madras Fertilizers etc. The fast-track selling out of the PSUs with its huge asset base to private hands has been strongly protested by all Central Trade Unions and organized agitational programmes in which the amendment of labour law and other issues affecting people was also opposed.
The Rights and benefits of Central Government employees are under attack. Major departments like Railways, Defence and Posts are under the threat of Corporatisation and Privatisation. NDA Govt. has allowed 100% FDI in Railways and Defence sector. Downsizing, outsourcing, contractorisation, New Pension Scheme etc. are the neo-liberal policy offensives being implemented in Central services. 7th Pay Commissions and the NDA Government have betrayed 35 lakhs Central Government employees and 40 lakhs pensioners.
Prices of Petroleum products including diesel have already been deregulated which had resulted in price rise of almost all commodities. Prices of natural gas have also been hiked to give undue benefit to national-multinational companies. Subsidies on food, fertilizers and fuel through price-control are either removed or minimized. And the public distribution system has been dismantled together with. As a result, the prices of essential commodities continuously rising that made the life of working people and common man miserable
The Central Trade Unions have come together and continuing their joint struggle against the neo-liberal policies of the NDA Government such as price rise, job losses, unemployment, labour law amendments, denial of minimum wage for unorganized workers, attack on social security including pension, disinvestments etc. 15 crores workers participated in the country-wide general strike on 2nd September 2015, against the anti-people and anti-labour policies of the NDA Government Whereas the number of people participated in the strike on 2nd September 2016 swelled to 18 crores. These have been the biggest protest action by the working class of India, in recent times.
Even though the working class is the creation of capitalist system, it has the inherent capacity to wipe out the capitalist system itself. Due to increased exploitation by the capitalist bosses, the conflict between these classes increases day by day. Instances of the struggle of workers against the ruling class on EPFO issue is before us. It is to be noted that Government of India has not prepared to listen to the demands of representatives of Central Board of Trustees to withdraw the notification, amending the rules for withdrawal from EPFO. But the Government has to withdraw the same unconditional following the spontaneous outburst of workers in different parts of the country including Bengaluru and Vishakhapatanam.
Mean while it order to divert the anti employee/anti people policies of the NDA Government which include the price rise, alarming unemployment situation, cut of real wage in favour of corporate, retreat of government from welfare programmes, frequent suicide of farmers etc, the right wing organisations supporting the religious fundamentalist organization involve aggressive activities to create terror in the minds of dalits, minority and common people of this country. Giving more importance to cow than a human being, they make cow issue much sensational and target minorities, dalits and working people. The brutal killing of Mohd Akhlaq after having spread of keeping beef, attack on Dalits in Una of Gujarat etc, forcing the dalit research scholar Rahit Vemula in Hyderabad University to suicide and the recent attack of right wing group on minority street vendors in Haryana- all these are speaking examples of these right wing’s atrocities. Moreover, Efforts are being made to communalise education system and cultural policies. Hindutwa outfits carried out their vicious campaign against intellectuals, writers and artists who stood for secular and progressive values and opposed the communal ideology of dividing the people. All those section that differ their views from that of the Government are being branded as “anti-national”. However, we see, working class, intellectuals, dalits and various sections joined together to oppose these anti working class and anti democratic polices. The ongoing struggles to protect their rights are the very examples of the resistance. Moreover, writers and artists across the board, belonging to various languages, voiced their protests and returned their awards which were given to them for their intellectual contribution. Thus the struggle between the secular, democratic forces and the communal forces is getting intensified
4. 7TH CENTRAL PAY COMMISSION:
Confederation of Central Government Employees & Workers has raised the issue of 5 year pay commissions for the Central Government Employees and demanded 7th pay commission from 01/01/2011. In this respect a memorandum with 15 points charter of demands was submitted to Prime Minister in the month of January 2011. Thereafter, a series of agitational programmes were organized which include massive Parliament March and one-day strike on 12-12-2012. Due to the unprecedented success of the programmes, on one hand confederation has decided to continue the agitational programmes that compelled the Railway and defense leaders to sit together to discuss the issues confronting the Central Govt. employees including appointment of 7th CPC on the other. Accordingly, representatives of AIRF, AIDEF have and decided to forge a Joint Council of Action (NJCA) to purse the demands of Central Government employees.
Since common agitational programmes under NJCA were not taking momentum, confederation continued its programme in support of 15 point charter of demand which include the proposal of the staff side in the terms of reference of the proposed 7th CPC and organized 48 hours nationwide strike on 12th & 13th February 2014. As a result formal notification appointing 7th CPC was issued by the Government on 28th February 2014. Even after, government has not bothered to concede the demands to include the terms of reference suggested by the staff side viz. DA merger, Interim relief etc. Confederation has continued its agitational programme which paved way for a National convention of NJCA at Delhi on 11-12-2014 and submission of common memorandum demanding Rs. 26000 minimum pay, 5 promotion, 5% increment rate, Upgradation of the post of LDC & UDC and granting Rs. 2800 Grade Pay etc Confederation has succeeded in projecting its very positive role in the matters of central government employees issues especially the issue related to the 7th pay commission. And due to continuous efforts of NJCA 7th pay commission was ready to submit its report within the stipulated time i.e., 28th Aug 2015, Government forcefully granted four months extension to the commission, thereby the finance ministry pressurized the commission not to recommend wage rise on the basis of a sound and scientific formulation.
As a result, Minimum pay Rs. 26000, demanded by the staff side on the basis of Dr. Aykroyd’s formula, is reduced to Rs.18000 which is the lowest minimum pay ever any pay commission recommended. Moreover, reduction in the percentage of HRA, abolition of 52 allowances; discontinuance of all non-interest bearing advances; reduced pay for 2nd year of child care leave and other anti employee recommendations were made part and parcel of the Commission report. This created widespread resentment among majority of central Government employees especially group B & C employees.
No sooner than the submission of the report, NJCA met and gave a call for observing 27-11-2015 as “Black Day” by holding nationwide protest demonstrations and rallies against the retrograde recommendations of the 7th CPC. NJCA submitted a detailed memorandum to the Government on 10.12.2015 demanding modifications in the 7th CPC recommendations wherein the demands of upgradation of all LDC to the post of UDC, parity in pay scale of Administrative Staff of Central Secretariat and subordinate offices etc were also raised.
But the implementation cell/empowered committee constituted by the Government has not bothered for a negotiated settlement and the issues raised by the staff side has been rejected and accordingly staff side has decided to go with indefinite strike on 11th July 2016 and served indefinite strike notice to Government on 09-06-2016.
In the midst, several campaign programmes in support of 11th July strike was organized and in the protest march organized at Jantar Mantar Delhi on 24/06/16 was participated more than 20000 employees. On 30-06-2016 a Group of Ministers consisting the Home Minister, Finance Minister, Railway Minister and Minister of States, Railway held discussion with NJCA leaders and proposed to refer the issues especially issue of Minimum Wage and fitment formula to a committee for reconsideration.
NJCA met again on 6th July 2016. During the discussions, the Convener received an invitation from Hon. Home Minister, Sri. Rajnath Singh. NJCA met the Home Minister in a delegation. The issues in the charter of demands were discussed with special reference to the 7th CPC related demands. The NJCA brought to the notice of the Home Minister that it has not received any communication from Government over the assurances held out on 30th June 2016. The Home Minister assured the delegation that the Government will honour its assurance held out to the NJCA leaders on 30th June 2016 and accordingly Finance Minister has issued a press statement on 6th July 2016.
But a lapse of more than 2 months the high power committee to reconsider the minimum pay and fitment formula is yet to be constituted. On the other hand in the pre-text of considering the request of the staff side to restore the existing percentage of HRA, Government constituted a separate committee to consider the same and stopped the payment of HRA in revised rates. Even though, there is no guarantee of restoring the existing rates of HRA in the new pay scale and payment of arrear from 01/01/2016 as the government is not prepared to accept the genuine demands of the employees.
However, Confederation in its National Conference held at Chennai has decided to go beyond with massive employees’ action and also persuade the NJCA to revive the decision of indefinite strike if the decision of the committees does not come in favour of employees.
5. NATIONAL PENSION SYSTEM:
The defined benefit pension scheme was replaced by the defined contributory pension scheme by the NDA Government in 2003 and made it applicable to all employees joining the Central services on or after 01-01-2004. The major reason cited by the Government to introduce PFRDA bill was the increase in the financial outflow in the defined benefit scheme. But National JCM (Staff Side) and the Confederation have not accepted the scheme because the vagaries of the stock market which will determine the quantum of pension as such the NPS is going to make social security in old age uncertain and dependent on market forces. It is to be noted that the committee, constituted by the Sixth Pay Commission to go into the matter concerning financial out flow of the Government has opined that the new scheme would not bring any decrease in the out flow. The matter has again been put up to the 7th Pay Commission by the Staff Side. As a result the Government has now agreed to guarantee gratuity to the new pensioners but the central government employees under the leader ship of NJCA & confederation will continue the struggle till the scheme is scraped.
6. ENHANCEMENT OF CALCULATION CEILIG FOR BONUS:
Confederation and NJCA have been demanding Bonus to Central Government employees in the enhanced calculation ceiling. This has been added as a demand in the 2nd September strike . Now the Government has decided to give bonus in the enhanced calculation ceiling and also the arrear for the year 2014-15 will also be paid.
7. OUR ASSOCIATIONAL MATTERS:
7.1 Restructuring of the Administrative Staff in NSSO Offices:
The restructuring case of Administrative Staff of NSSO (FOD) & DPD/SDRD was initiated due to the continuous efforts of our Association around 6 years ago. Restructuring of DPD/SDRD has already finalized and the same is under implementation. But due to the casual approach of the FOD Hqrs, restructuring of FOD administrative staff could not be finalized as yet. It is to be noted that on recommendation of 6th Pay Commission gazetted Office Superintendents with pre-revised pay scale 5500-9000, entrusted with the duties of section officer in FOD Regions, have been downgraded to the post of Assistant. As a result, in several Region gazetted field staff are being engaged to discharge the duties of section officer which affected the entire administrative as well as filed work negatively. FOD had assured to create post of Administrative officer in all FOD Region in place of office superintendent through cadre restricting, but since the cadre restructuring is not finalized so far the difficulties of the Administrative staff in FOD Region continue.
In order to get the cadre restructuring finalized earlier, General Secretary and President of the Association met the ADG FOD recently who assured him of pursuing the matter for an early finalization. As per the latest position, the file of Cadre restructuring of FOD is resubmitted to the Ministry in accordance with the fresh guidelines issued. It is worth mentioning here that except cadre restructuring, all basic issues of Administrative Staff of FOD, raised by our Association has already been settled.
7.2 Merger of the posts of LDC & UDC and upgradation of Grade Pay:
Our Association had demanded restructuring of the Ministerial Staff including the LDC & UDC by renaming and upgradation of grade pay during the 6th CPC. But the Department has informed that any change in designation and grade pay of LDC and UDC can only be made as per a common decision to be taken by the DoPT. Later the matter was put up in the National Anomaly Committee as an additional agenda wherein merger of LDC & UDC posts and granting of 2800 grade pay to the merged posts was demanded. Since no meeting of National Anomaly Committee was conducted thereafter, the problem has not settled. In the mean time Association has sent a letter to the Prime Minister of India stressing the need of merger of the posts of LDC & UDC and upgradation of grade pay to 2800/. Prime Minister’s Office forwarded the same to the Secretary DoPT for further action. Secretary DoPT has identified it as an anomaly and forwarded the case to JCA. JCA returned the case to DoPT with the advice to take up the matter at DoPT in consultation with Ministry of Finance. But DoPT has returned the case to this Association with a direction to take up the matter directly to Ministry of Finance (MoF). It is understood that the LDC and UDC of Central Secretariat have not demanded the upgradation of the pay scale and as such DoPT has not processed the case. Subsequently, we sent the case to Ministry of Finance on the subject. Moreover, Secretary General Confederation has written a letter to the Ministry of Finance for merger and upgradation of the post of LDC & UDC. As a result MoF has written a letter to the FA DoPT directing him to forward the case of upgradation of Grade Pay of LDC & UDC submitted by any Department, if any, with recommendation to Ministry of Finance. MoF has written a separate letter to the Internal Finance of the MoS&PI for similar action. Since the MoS&PI has not taken any positive action on the matter at their level; we forced to file a case in the CAT Jabalpur. Government has filed counter reply that the case is under consideration of anomaly committee and prayed for dismissal of the case. CAT Jabalpur recently directed the Government to submit the progress/outcome of the anomaly case of LDC to take a final decision on the case. But the fact is that Government has not filed any anomaly case on the matter and the case submitted to the anomaly committee was on the initiation of this Association which was not heard so far.
Since the matter has become popular in internet, various Associations raised the issue before the 7th Pay Commission and demanded merger of LDC and UDC and granting Rs. 2800 Grade pay to the merged post. Moreover, National JCM (Staff Side) at the initiation of Confederation has demanded merger of the posts recommended Rs. 2800 Grade Pay to the merged posts of LDC & UDC. Beside several Departments including C&AG of India has recommended upgradation of Grade pay of LDC to Rs. 2400.
The 7th Pay Commission has turned down the demand on the ground that the Government has stopped direct recruitment for the clerical cadre and gradually phasing out the existing incumbents. It is understood that the Government asked the Pay Commission to not recommended upgraded pay scale to LDC on the ground that the Government is willing to stop recruitment to the post of LDC. On this subject this Association has sent a letter to the Secretary National JCM (Staff Side) as well the General Secretary and President of Confederation. As a result, National JCM (Staff Side) in their “suggestion and demands on the recommendations of 7th CPC” (Please see Annexure I) has demanded upgradation of LDC to the post of UDC. Now the Government has to take a decision on the matter. Our Association is continuously pursuing the matter at our best and the Confederation is continuously supporting the LDC issue.
7.3 Granting of MACP on hierarchy basis:
As per the 6th Pay Commission recommendations Government granted 3 MACP to Group C & B employees of Government of India. Unlike in the ACP, which have the provision of pay scale on promotional hierarchy, the scheme only give the next higher grade pay on granting of MACP. And the grade pay on hierarchy will be granted on promotion to the post. For Administrative Staff, MACP scheme played mischief with the cadres with entry grade pay Rs. 1800, 1900 & 2000. LDC is the entry post of Ministerial cadres in the Government of India Offices with enormous responsibility and no promotion chances till 15 to 18 years. In all subordinate offices the work allotment to LDC & UDC has no difference. But, on completion long 10 years service they get only Rs. 100 as MACP. Moreover, MACP is affected various group B cadres in majority of the Departments also; Senior Statistical Officers of NSSO (FOD) is also affected with MACP.
The matter was put up by our Association in the Confederation’s National Executive Meeting held at 18 January 2009. The meeting discussed the matter with its own importance and decided to refer the matter to the Government. On subsequent efforts of the Confederation, Government has constituted an anomaly Committee exclusively for MACP issues, in which Com SK Vyas has been nominated as representative of Confederation. But despite of very positive efforts no favorable decision has been arrived.
Close on heal, Shri Rajpal of Chandigarh got MACP on promotional hierarchy consequent to dismissal of the SLP filed by the Government on ground of late filing. However, the DoPT has written a letter to the Registrar Principal CAT that Rajpal’s case was not heard by the Supreme Court on merits and as such the benefit of the decision need not be implemented to others. Subsequent to Shri Rajpal’s victory, hundreds of cases have been filed in various courts of India. In Principle CAT itself around one dozen cases are heard and delivered positive judgement. Meanwhile, Government of India has filed 4 SLPs in Supreme Court against Shri Babu Ram, Reeta Devi and Dhirendra Singh of Chandigarh and Shri Mohanan Nair of Ernakulum in the initial stage. Since all of them are low paid employees, despite of our repeated requests, they have decided to not contest the case because they were not in a position to spent huge sum for the case. In this situation our Association posted a letter in our web site, appealing to give financial help to these people to conduct the case in Supreme Court. On 15th September 2014 a meeting of various Associations including Gazetted Employees Associations held at New Delhi in which a steering committee to monitor the case is constituted. In its subsequent meetings, the steering committee has decided to collect around 10 lakhs rupees to meet the expenses of the case. In the mean time a similar steering committee has been constituted by some central Government employees in Ernakulum to give legal support to Shri Mohan Nair and appointed advocates to present the case in Supreme Court. So far the legal expenses of the senior advocate appointed for Mohanan Nair was spent by the Ernakulum people by taking individual collection. And on the request of the Ernakulum Committee, the steering committee has now decided to raise funds for future expenses in a meeting held on 24/06/2016 and the collection of funds are in progress. The next date of hearing of the case in Supreme Court is 07/11/2016. We expect a positive decision on the matter.
7.4 Employees up to Rs. 4800 Grade Pay should be allowed to form Associations to function under JCM Scheme:
You are aware that through the DoPT notification dated 9/3/2009, central Government Employees with Rs. 4200 and above grade pay have been declared as group B. Taking this an advantage to keep the persons working actively in the Association; MoS&PI had re-identified the already identified/recognized distinct category Associations without taking these Associations into confidence. Accordingly the Department has refused to give recognition to the Association in its existing form because of the reason that its General Secretary is an Assistant with 4200 Grade Pay. But all other Departments of Government of India viz. Postal, Income Tax, AG, Ground Water Board, Central Excise, Central Water Commission, Geological Survey of India, Archeological Survey of India etc, employees up to Grade Pay Rs. 4800 was allowed to function in the JCM scheme under new recognition rules and in several of these offices administration has not disturbed the existing identified structure of the Associations. In view of the same this Association has not agreed to dismantle the already identified categories and accordingly the Ministry has derecognized the Association. Thereafter, in Mumbai Meeting Association has changed the name as All India Association of Administrative Staff (NG) incorporating all Non Gazetted Staff including Stenographers & MTS and a proposal for amendment of constitution was sent to the Ministry. This time also Ministry has informed that they are ready to give recognition to the Association in its present name but Assistant with 4200 Grade Pay would not be accepted. Now the General body meeting has to decide the course of action to be taken for getting recognition to the Association.
7.5 Creation of Official Language staff in all Offices with smooth promotional Channel:.
This Association has been demanding creation of the post of official language staff (OLS) in all offices of NSSO since last several years. Now the proposal sent by the FOD, NSSO for creation of Official Language Staff in all Regional offices has been accepted. But the structure lakhs any promotional channel and the same is to be taken up by the Association.
7.6 Filling up of all vacant posts of Ministerial staff:
A large number of posts of Assistant, LDC and MTS and Junior Translators are lying vacant in various offices of NSSO especially in FOD Regions. Against all these vacancies outsourced staff on contract basis with nominal wage has been engaged. These vacancies should be filled on regular basis. Necessary action need to be taken to fill all vacancies on regular basis immediately.
7.7 Sanction of additional Ministerial posts in the offices where DDG posted:
The post of Deputy Director has been replaced with DDG as controlling officer almost in all Regions of the FOD and DP Centres. DDG post is equal to the equal to the rank of the Joint Secretary entitled with various additional facilities. He often uses the services of one Ministerial Staff in addition to the stenographer attached with him, to assist him in day to day matters. This increases the burden of the already burdened limited Ministerial Staff in the Regional Offices. Thus additional posts of Ministerial staff are required to be sanctioned to the Regions where DDGs are posted.
7.8 Creation of Ministerial Staff in SROs of FOD:
Assistant Directors have been posted as in charge in several of the Sub-Regional Offices of FOD. The post of Assistant Director shall be replaced with the present in Charge SO in all SRO in the coming days. Naturally the administrative activities will increase in the SROs consequent to the appointment of a Class I Officer there and such posts of Ministerial Staff should be created in SROs to cop up the increased administrative work.
7.9 Filling up of the vacant posts of LDC by promotion of qualified MTS as a one
The erstwhile group D Staff has been renamed as group C by the Government of India following the recommendation of 6th Pay Commission but the chances of promotion to educationally qualified among them become bleak even though training on administrative matters have been imparted to them. In the office council meeting conducted in Bhopal, our Association had put up an agenda item related to this section and demanded promotion of all group D officials who have passed Departmental Examination as a one time measure. The demand was considered and accordingly several of the MTS passed Departmental Examination have been promoted to the post of LDC. But a reasonable number of educationally qualified MTS are yet to be considered for promotion due to limitation in promotional quota. In view of the above, the President and General Secretary of the Association met ADG FOD recently and demanded filling up of vacant posts of LDC by the trained MTS, who assured to consider the demand and the Association will pursue the matter.
7.10 Conduct of JCM (DC) Meeting:
The Department had notified the conduct of 100th meeting of the Departmental Council on 3rd June 2009. Accordingly our Association had sent agenda items to discuss in the meeting. But the meeting has been postponed indefinitely. As per CCS (RSA) Rule 1993, Junior Statistical Officers of SSS should be identified as a distinct category for formation of Association under JCM scheme. But in order to keep them away from the JCM activities Ministry has allowed them merge with the Association of Gazetted Senior Statistical Officers. On the other hand, our Association has not granted recognition on the pretext of inclusion of Assistant as members of the Association. But this Association has not accepted the decision in view of the fact that all the departments of Government of India except Ministry of Statistics & Programme Implementation have taken all Non Gazetted Staff as distinct category to consider recognition under JCM Scheme. Now we have to decide what action is to be taken to get the Association recognized.
7.11 Compassionate appointment:
Confederation demanded the Central Government to give compassionate appointment to the family members of those who died in harness by reviving the compassionate appointment scheme. Though the Government has decided to give compassionate appointment on the 5% of the total direct recruitment posts instead of the existing ceiling of 5% of the posts filled, it is insufficient and as such Confederation has demanded the removal of ceiling on compassionate appointment and the demand is under consideration of the Government. Since vacancies of Group C and D category employees are counted for granting appointment on compassionate ground, in NSSO Offices the chances of getting compassionate appointment become grim as 90% of the total strength in the NSSO offices are categorized as group B.
7.12 Training of Ministerial Staff in ISTM/Zonal Training Centre of FOD:
Consequent to the Government of India instruction to not confirm the probation of a direct recruited employee until he is trained in ISTM or other recognized training institutes, all the Departments of Government of India Ministry of statistics are compelled to conduct periodical training programme to Administrative Staff. All of us are aware that this Association has been demanding for training of Administrative Staff in ISTM.
The Zonal Training centre of FOD are conducting training to Administrative Staff occasionally but the quality of the same is very poor. Previously Deputy Director (Admn), Senior Administrative Officers etc were called to give lecture on various subjects which was discontinued later. Thus inviting guest lecturers from out side or from Hqrs/Regional Offices should be considered to bring quality of the training conducted in the Zonal Training Centre.
Educationally qualified MTS staff, already been trained in administrative matters to upgrade the post from the erstwhile Group D to Group C and doing the duties Administrative Staff should also be nominated for administrative training in Zonal Office.
7.13 Other major issues:
In addition to the above, Association has taken up all the issues which have been raised by the Units/members from time to time. The issues not included in the report/Agenda items should also be discussed and decided in the meeting for further action. All delegates should put up grievances which have not reflected in these documents directly in the General Body Meeting for discussion.
8. Website of the Association:
The website of All India Association of Administrative Staff is updated daily with the news of our Association issues as well as the Central Government employees’ movement and also posted all circulars and other important documents regularly. Our website as on date is the most popular web site of any of the central government employees’ organisation and draws an average 2750 viewer ship per day at present as a result more than 25 lakhs persons visited in our website so far. This is due to the reason that administrative staff of all Ministries visit our web site following the issues raised by us viz. LDC UDC, MACP etc become popular.
9. Amendment of constitution:
In order to give member ship to all Non Gazetted Administrative Staff of NSSO Offices, amendments of the existing constitution was made in the Mumbai General Body Meeting and submitted to the Ministry. Ministry informed that the change of the name of the Association will be accepted in case the provision for membership to Group B staff is removed but we had not accepted to change proposed by the Ministry. Thus the Association has not get recognition so far. Still we are in the view that primary membership to group B non gazetted staff need not be discontinued because they are the same interest group under which a distinct category is framed under CCS (RSA) Rules 1993. However, in order to get recognition to the Association, these group B employees need not be elected to any post of office bearers in the central executive committee and accordingly the constitution can be amended.
10. Organizational matters:
During the period since last General Body Meeting we failed to do any organizational activity at grass root level. Annual subscription has not deducted from Pay roll. Most of the Units not carry forward the call of the Association even when the Association was recognized on the grounds that the majority Field Staff is not involved in such activities. And for the call given after the de-recognition units did not conducted any programme at their level on the reason that Association is not recognized. Thus our people always keep them away from mainstream activates that affected the Association activities severally.
Our primary aim should be to strengthen the Association through creation of awareness among the members. Unit Associations are to be asked to join the activities of the Co-ordination Committees in their place since the Central Government Employees achieve their basic demands through the united activities of the Confederation.
On the other hand the Office bearers and Central Executive Committee Members of the Association have to work among the Ministerial staff to create consciousness among them. They are responsible for the successful implementation of the Association Programmes. But it is painfully noted that Central Executive Committee Members have done nothing during the period since the last General Body Meeting. The efforts of the Association to identify active members and bring them to the mainstream activities of the Association should be done.
11. Nagpur General Body Meeting:
The previous General Body meeting was held at Nagpur in the month of February 2015 which was attended by 33 delegates from 15 units. .
Several of the important decisions have been taken place in the meeting which include immediate restructuring of the administrative cadres of NSSO Offices. Later election of the CEC was held and the following members were elected as office bearers shown against their names:
President: Shri Sajjan Kumar, FOD Hqrs., Delhi, Working President: Smt. V.D. Bhatkar FOD, Pune, Vice Presidents: 1)Shri A.I. Khan FOD, Jabalpur 2)Shri Nirmalendu Basu, SDRD Kolkata, General Secretary: Shri TKR Pillai FOD, Bhopal, Asstt. General Secretary: Shri Uttam Chaterjee, DPD Hqrs, Kolkata, Joint Secretary: 1)Shri Vinod Khanwalkar, FOD, Gwalior 2) Shri Chinmoy Mallick, SDRD, Kolkata, Treasurer: Shri Sanjeev Kumar Sinha, FOD, Bhopal, Organising Secys: 1)Shri Rajesh Kumar, FOD Lucknow 2) Shri Ram Prasad, FOD Nagpur, 3)Smt Vijay Lasxmi, FOD Hubli 4) Shri Satish Kumar, DPC, Nagpur 5)Shri Nagendra Doimary, FOD, Guwahati, 6) D V Parsekar,FOD, Mumbai 7) Shri Rajeswar Kumar, DPD Kolkata 8)Shri AQnil Lokhande, FOD, Jabalpur.
12. Financial review:
During this period despite of our best efforts, recognition of the Association could not be materialized and as such subscription has not deducted from pay roll. The amount at bank during closing of the last balance sheet could not be withdrawn for these years due to operation of account could not be resumed due to some technical points and the Association was running without much contribution from the units. It is seen that all Administrative Staff of NSSO Offices are in agreement that the activities of the Association is to be continued in the interest of the Administrative Staff, but expected contribution from them to strengthen the activities is not getting. Thus in order to undertake its day to day activity Association need finance and all units should send the same by collecting from the members irrespective of the Association is recognized or not. The income and expenditure statement for the period of this report is given separately.
While assessing the activities of the Association so far, we can see that several of the basic issues put up by the Association has got positive results, a repeated presentation of the same is not needed.
Everybody, who closely knows the working of the Association, is highly appreciative of our sincere and uncompromising approach and continuous persuasion of the issues put up. We have a democratic and transparent working method. Each and every issue taken up by the Association sends to the Units through circulars through e mail and otherwise and also majority of these letters is posted in the web site of the Association so that the matter may be discussed/debated extensively.
At the same time, several of the cases taken up by the Association could not get positive result for which there are some reasons also. Despite of our all efforts the cadre restructuring of the administrative staff of FOD could not be materialized. Similarly merger of the LDC & UDC proposed by us, has been discussed widely and organized a massive campaign through internet and otherwise; but a positive result on the issue is yet to be come up. On the other hand the issue of MACP on promotional hierarchy initiated by our Association is still pending in the Supreme Court for final hearing. JCM forum in our Department is not functioning for the last several years which severely affected tracing solutions to the burning issues of our cadres. But without a strong Association working at grass root level nothing can be achieved. Association appeals all Units to gear up the activities at their level thereby strengthen the Association as well.
In fine on behalf of the Association I convey my heartfelt thanks to you all for your participation in the General Body Meeting. I am confident that our Association will emerge stronger from this meeting with an increased enthusiasm to regain the lost glory of the Association.