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FLASH NEWS
Saturday, October 29, 2016
LANDMARK JUDGMENT BY SUPREME COURT FOR PAYMENT OF “EQUAL PAY FOR EQUAL WORK” TO THE DAILY WAGE EMPLOYEES, ADHOC APPOINTEES, EMPLOYEES APPOINTED ON CASUAL BASIS, CONTRACTUAL EMPLOYEES AND THE LIKE.
The Hon’ble Supreme Court in its Historical 102 pages Judgment in Civil Appeal No. 2013 of 2013 dated 26.10.2016 has directed that Temporary Employees, Adhoc Appointees, employees appointed on Casual basis, contractual employees and the like, if the concerned employees are rendering similar duties and responsibilities as were being discharged by regular employees holding the same/corresponding posts are entitled “for equal pay for equal work” such employees are entitled for draw wages at the minimum of the payscale extended to regular employees holding the same posts. We will be representing to the Govt. To implement this Judgment and issue a common order in this regard. Full judgement is reproduced below:
Friday, October 28, 2016
A great achievement of NFPE & Postal JCA (NFPE-FNPO & AIPEU-GDS - NUGDS) for Gramin Dak Sevaks
ORDERS OF ENHANCED CEILING
OF BONUS @ RS 7000/- FOR GDS
ISSUED BY DEPARTMENT OF POST
NFPE & Postal JCA always stand for the cause of GDS.
GDS BONUS ENHANCEMENT ORDER ISSUED .
SHINING VICTORY FOR NFPE , AIPEU GDS AND POSTAL JCA INCLUDING FNPO & NUGDS .
RECOGNISED GDS UNION's GENERAL SECRETARY SHRI MAHADEVAIAH WITHDRAWN THE STRIKE DECISION EVEN BEFORE ORDERS ARE ISSUED.
NFPE & AIPEU -GDS , POSTAL JCA INCLUDING FNPO & NUGDS SERVED TWO DAYS STRIKE NOTICE ON 20.10.2016 AND TOOK A FIRM STAND THAT WE WILL NOT WITHDRAW THE STRIKE DECISION TILL ORDERS ARE ISSUED .
SECRETARY , DEPARTMENT OF POSTS HELD DISCUSSION WITH US AND REQUESTED TO WITHDRAW THE STRIKE DECISION .
WE REFUSED TO WITHDRAW . SHRI MAHADEVAIAH WITHDRAWN THE STRIKE DECISION ON 24.10.2016 ITSELF WITHOUT WAITING FOR THE DECISION OF THE FINANCE MINISTRY AND GOVT AND RAN AWAY FROM THE BATTLEFIELD HALF WAY FEARING WITHDRAWL OF RECOGNITION FACILITIES.
CONFEDERATION & JCM STAFF SIDE EXTENDED FULL SUPPORT AND DISCUSSED THE CASE IN THE JCM STANDING COMMITTEE MEETING WITH THE GOVERNMENT ON 25.10.2016..
COPY OF ORDER PUBLISHED HERE UNDER.
Yours fratennally
R.N.PARASHAR
Thursday, October 27, 2016
HIGHLIGHTS
SC said contractual employees are entitled to wages at par with permanent employee
- Principle
of ‘equal pay for equal work’ must be followed, SC said
- Undoubtedly,
the action pf paying lesser wage is oppressive, the bench said
NEW DELHI: In a big relief to lakhs
temporary employee who have been hired by government departments and agencies
across the country on contractual basis, the Supreme Court on Wednesday held
that they are entitled to wages at par with permanent employees and principle
of 'equal pay for equal work' must be followed.
A bench of Justices JS Khehar and SA
Bobde said the principle of 'equal pay for equal work' constitutes a clear and
unambiguous right vested in every employee whether engaged on regular or
temporary basis.
"In our considered view, it is
fallacious to determine artificial parameters to deny fruits of labour. An
employee engaged for the same work, cannot be paid less than another, who
performs the same duties and responsibilities. Certainly not, in a welfare
state. Such an action besides being demeaning, strikes at the very foundation
of human dignity," the bench said.
The bench said the principle had
been expounded through a large number of judgments rendered by the apex court
and and constitutes law declared by the Supreme Court.
"Any one, who is compelled to
work at a lesser wage, does not do so voluntarily. He does so, to provide food
and shelter to his family, at the cost of his self respect and dignity, at the
cost of his self worth, and at the cost of his integrity. For he knows, that
his dependents would suffer immensely, if he does not accept the lesser
wage," Justice Khehar, who wrote the judgement, said.
"Any act, of paying less wages,
as compared to others similarly situate, constitutes an act of exploitative
enslavement, emerging out of a domineering position. Undoubtedly, the action is
oppressive, suppressive and coercive, as it compels involuntary
subjugation," he said.
The court passed the verdict on a
bunch of petition filed by tempoary employee working for state of Punjab
seeking wage parity with regular employee. They approached the apex court after
Punjab and Haryana High Court held that temporary employees were not entitled
to the minimum of the regular pay-scale, merely for reason, that the activities
carried on by them and the regular employees were similar.
Setting aside the HC order, the apex
court held that the principle of equal pay for equal work must be followed in
the country as India was a signatory of International Covenant on Economic,
Social and Cultural Rights.
"There can be no doubt, that
the principle of equal pay for equal work would be applicable to all the
concerned temporary employees, so as to vest in them the right to claim wages,
at par with the minimum of the pay-scale of regularly engaged government
employees, holding the same post,"it said.
"India is a signatory to the
covenant, having ratified the same on April 10, 1979. There is no escape from
the above obligation, in view of different provisions of the Constitution and
in view of the law declared by this court under Article 141 of the Constitution
of India, the principle of 'equal pay for equal work' constitutes a clear and
unambiguous right and is vested in every employee - whether engaged on regular
or temporary basis,"it said.
Read at: Times of India
GDS Bonus @
Rs.7000- issue has been discussed in JCM (NC) Standing Committee meeting with
the Govt.
GDS
BONUS ENHANCEMENT TO Rs.7000-
This issue
was discussed in the JCM Standing Committee meeting as a notified agenda. The
official side informed that the file is still under process in the Finance
Ministry and a decision is yet to be taken. Once the approval of the Finance
Ministry is given the proposal is to be submitted to Cabinet for approval.
All affiliates and C-O-Cs are once again
requested to extend full support and solidarity to the proposed Postal Strike
on 9th & 10th November 2016, demanding
bonus calculation ceiling limit enhancement to 7000/- for GDS and immediate
payment of revised wages to casual labourers from 01.01.2006. Conduct
solidarity demonstration in front of important Postal/RMS office on 9th &
10th November 2016.
CABINET APPROVES RELEASE OF AN INSTALMENT OF DEARNESS ALLOWANCE TO CENTRAL GOVERNMENT EMPLOYEES AND DEARNESS RELIEF TO PENSIONERS DUE FROM 01.07.2016
The Union Cabinet under the Chairmanship of Prime Minister Shri Narendra Modi has given its approval to release an instalment of Dearness Allowance (DA) to Central Government employees and Dearness Relief (DR) to Pensioners w.e.f. 01.07.2016 representing an increase of 2% of the revised Basic Pay/Pension, to compensate for price rise. The increase is in accordance with the accepted formula, which is based on the recommendations of the 7th Central Pay Commission.
The combined impact on the exchequer on account of both Dearness Allowance and Dearness Relief would be Rs. 5622.10 crore per annum and in the Financial Year 2016-17 for the period of 8 months (i.e. from July 2016 to February 2017), it would be Rs.3748.06 crore. About 50.68 lakh Government employees and 54.24 lakh pensioners will be benefited.
PIB: 27.10.2016
Wednesday, October 26, 2016
CIRCULAR DATED 26TH OCTOBER 2016
REVISION OF MINIMUM PAY AND FITMENT FORMULA
2ND MEETING OF THE GROUP OF SENIOR OFFICERS WITH JCM (NC) STAFF SIDE
DISAPPOINTING
2nd Meetings of the Group of Senior Officers (Constituted as per the assurance given by Group of Minister to NJCA) to discuss the grievances arising out of recommendations related to 7th Central Pay Commission, was held with JCM (NC) staff side on 24.10.2016 at 4 PM. The staff side explained in detail the justification for modification in the minimum pay and fitment formula, which was already explained in the memorandum submitted to Cabinet Secretary on 10th December 2015 and also in the presentation made before Joint Secretary Implementation Cell and Empowered Committee of Secretaries headed by Cabinet Secretary.
From the response of the Senior Officers, it is not clear whether they are mandated to submit a proposal on increasing the Minimum Pay and Fitment formula to Government, as assured by the Group of Ministers on 30th June 2016. Eventhough, the time frame of four months is almost over, the urgency and seriousness was lacking on the part of the Group of officers. It seems that that Government is adopting a delaying tactics or to deny the assured increase. Perhaps, they may recommend an increase in minimum pay and fitment formula at a later date, but it is quite uncertain.
Confederation National Secretariat after reviewing these developments has decided to intensify the campaign and agitational programmes demanding the Government to honour its assurance given to NJCA leadership and also to settle the 20 point charter of demands. Make the 7th November 2016 mass dharna programme a grand success. Ensure maximum participation of employees in the 15th December 2016 massive Parliament March. Get ready for strike.
ALLOWANCE COMMITTEE MEETING ON DOP&T SPECIFIC ALLOWANCES
Meeting of the Allowance Committee to discuss the DOP&T Specific allowances was held on 25.10.2016. Secretary, Department of Personnel Chaired the meeting. Important allowances like Children Education Allowance, Night Duty Allowance, Overtime Allowance, Cash Handling Allowance, Dress Allowance, Nursing Allowance, Patient Care Allowance, Family planning Allowance, Risk Allowance etc. are discussed. The Secretary, Department of Personnel gave a patient hearing and interacted with staff side on certain points. No commitment on any allowance was given.
JCM NATIONAL COUNCIL – STANDING COMMITTEE MEETING
The JCM (NC) Standing Committee meeting under the Chairmanship of Secretary, Department of Personnel was held on 25.10.2016. All agenda items were discussed. Some of the items are – JCM functioning, Compassionate appointments, amendment to the definition of anomaly, Changing MACP conditions, Ex-Servicemen pay fixation, Pay fixation option on promotion after the date of notification of CCS (RP) Rules 2016, GDS bonus enhancement to 7000/-, casual labour regularization and bonus enhancement, filling up of vacancies, upgradation of LDCs to UDCs, one time relaxation of LTC-80 availed by air by purchasing tickets from other than authorized agents, Restoration of Festival Advance, Natural Calamity Advance and Advance of leave salary, grant of entry pay recommended by 6th CPC to the promotes, reimbursement of actual medical expenditure incurred by the employees in a recognised hospital etc.
Secretary, Department of Personnel gave a patient hearing and clarified certain points. No final decision was taken on any of the agenda items. Gist published below. Minutes will be published later. It was informed that based on the discussion, each item will be examined further and decision will be taken.
AUTONOMOUS BODIES – EXTENSION OF 7TH CPC REVISED PAY STRUCTURE AND PENSIONARY BENEFITS
The issue was raised in the JCM Standing Committee meeting held on 25.10.2016 by the staff side. The official side informed that an overall review regarding the performance and financial viability etc. of each Autonomous body is being carried out by the Government. Only after completing the process decision regarding extension of 7th CPC revised pay structure and pensionary benefits, Bonus etc. will be taken. Extension of the benefits depends upon the policy decision of the Government. Hence the official side has not told any time frame for final decision. It is likely to be delayed.
Confederation has already included the demands of the employees of the autonomous bodies in its 20 point charter of demands. All Unions/Associations/Federation and employees of all autonomous bodies are requested to understand the gravity of the situation and make the 7th November 2016 mass dharna programme and 15th December 2016 Parliament March a grand success. Join the Parliament March with your flags, banners and placard with demands. Let the Government understand the discontentment and protest of employees and pensioners of Autonomous bodies. There is no short-cut to get our justified demand accepted by the Government.
GDS BONUS ENHANCEMENT TO 7000
This issue was discussed in the JCM Standing Committee meeting as a notified agenda. The official side informed that the file is still under process in the Finance Ministry and a decision is yet to be taken. Once the approval of the Finance Ministry is given the proposal is to be submitted to Cabinet for approval.
All affiliates and C-O-Cs are once again requested to extend full support and solidarity to the proposed Postal Strike on 9th & 10th November 2016, demanding bonus calculation ceiling limit enhancement to 7000/- for GDS and immediate payment of revised wages to casual labourers from 01.01.2006. Conduct solidarity demonstration in front of important Postal/RMS office on 9th & 10th November 2016.
GIST OF THE JCM STANDING COMMITTEE MEETING HELD ON 25.11.2016
Meeting was held under the chairmanship of Secretary, Department of Personnel. Items discussed and outcome is given below.
1. JCM FUNCTIONING
Decision: After discussion Secretary (P), assured that the JCM would be activated and steps may be taken to hold regular meetings of JCM at National and Departmental level.
2. COMPASSIONATE APPOINTMENT:
Decision: The demand of the staff side to remove 5% ceiling would be considered after studying the various. Supreme Court Judgments and the decisions of previous National Council JCM meetings.
3. RESTORATION OF INTEREST FREE ADVANCES WITHDRAWN BY THE GOVERNMENT BASED ON 7TH CPC RECOMMENDATIONS
Decision: The demand of the staff side to restore Festival advance, Natural Calamity advance and leave salary advance will be examined further.
4. AMENDMENT TO THE DEFINITION OF THE TERM “ANOMALY”
Decision: The proposal given by the staff side would be considered is consultation with Department of Expenditure.
5. FIXATION OF PAY OF RE-EMPLOYED EX-SERVICEMEN
Decision: - The anomalies in the fixation of pay of re-employed Ex-Servicemen is under consideration of DOP&T.
6. OPTION FOR THOSE TO BE PROMOTED AFTER 25.07.2016, I.E. AFTER THE NOTIFICATION OF CS (REVISED PAY) RULES 2016.
Decision: - This issue would be considered by the Implementation Cell of 7th CPC.
7. WITHDRAWL OF NEW CONDITIONS FOR THE GRANT OF MACP & GRANT OF MACP ON PROMOTIONAL HIERARCHY
Decision: The demand of the Staff Side for withdrawal of “Very Good” grading would be re-examined. Regarding justification of MACP on Promotional hierarchy all the points submitted alongwith the Note on agenda items by staff side was discussed in detail. The official side agreed to examine issue further based on the points raised by the staff side.
8. BONUS CEILING TO BE RAISED TO 7000 FOR GRAMIN DAK SEVAK EMPLOYEES OF POSTAL DEPARTMENT
Decision: - Revision of Bonus ceiling for GDS and Casual Labourers would be considered by Department of Expenditure.
9. REGULARISATION OF CASUAL LABOURERS
Decision: The proposal of the staff side for regularization of all casual labourers would be considered after considering various Supreme Court judgements.
10. FILLING UP OF EXISTING VACANT POSTS
Decision: – Since there is no ban on recruitment, vacancies can be filled up. Instructions in this regard will be issued once again.
11. UPGRADATION OF THE POSTS OF LOWER DIVISION CLERKS TO UPPER DIVISION CLERKS
Decision: The demand of the staff side would be considered in consultation with other Ministries.
12. GRANT OF ONE TIME RELAXATION TO THE CENTRAL GOVERNMENT EMPLOYEES WHO HAVE AVAILED LTC-80 AND TRAVELLED BY AIR BY PURCHASING TICKETS FROM OTHER THAN AUTHORIZED AGENCIES
Decision: - The proposal of Ministry of Defence in this regard is under examination of DOP&T
13. GRANT OF ENTRY PAY RECOMMENDED BY 6TH CPC TO THE PROMOTEES UNDER THE PROVISION OF CCS (RP) RULES 2008.
Decision: - The Judgment of Chennai CAT and Principal Bench New Delhi would be examined by DOP&T and Department of Expenditure.
14. REIMBURSEMENT OF ACTUAL MEDICAL EXPENDITURE INCURRED BY THE EMPLOYEES IN A RECOGNIZED HOSPITAL.
Decision: - A separate meeting would be held by the Health Ministry with the staff side to discuss this demand.
Fraternally yours,
(M. Krishnan)
Secretary General
Mob: 09447068125
E-mail: mkrishnan6854@gmail.com
Ref: Condn/Genl/2016-19 Dated – 24.10.2016
SPECIAL CIRCULAR
CHALO DELHI – CHALO PARLIAMENT
MAKE THE 15TH DECEMBER 2016 PARLIAMENT MARCH A HISTORIC SUCCESS
20000 CENTRAL GOVERNMENT EMPLOYEES WILL MARCH TO PARLIAMENT
To,
1. All National Secretariat Members (office bearers)
2. Chief Executives of all affiliated organisations
3. General Secretaries of all C-O-Cs.
Dear Comrades,
Please refer to the previous circulars on the above subject. Reports so far received at CHQ shows that all affiliates and C-O-Cs have started preparations for the Parliament March, to ensure participation of employees as per the quota fixed by the National Secretariat meeting held on 30.09.2016. we have requested the affiliates and C-O-Cs to fix quota to their lower units and affiliates.
ONLY 50 DAYS ARE LEFT FOR THE HISTORIC PARLIAMENT MARCH.
Comrades coming from far – away states should book their travel ticket without any further delay.
AFFILIATES & C-O-CS IN DELHI AND NEAR BY STATES SHOULD ENSURE PARTICIAPTION OF HUNDREDS AND THOUSANDS OF EMPLOYEES.
All affiliated organisations and C-O-Cs in Delhi, Uttar Pradesh, Haryana, Punjab, Rajasthan, Himachal Pradesh, Uttarakhand, Madhya Pradesh, Chattisgarh, Bihar etc. are requested to mobilise hundreds and thousands of employees for the Parliament March.
CONDUCT CAMPAIGN PROGRAMMES
Please commence campaign programmes now itself. Print notices, posters, circulars etc. and circulate widely among employees and public. Book special conveyance. Bring maximum flags, banners and Placards. Convene your organization’s managing bodies and make effective planning for bringing maximum employees to Delhi. Take it seriously. If leaders plan seriously, definitely the employees will respond in a big way. Use social media also effectively for campaign.
ACCOMMODATION FOR PARTICIPANTS
The national Secretariat has decided that the accommodation for the participants from major organisations is to be arranged by the respective organization. For others, if accommodation is required, they are requested to contact the following CHQ office bearers (office bearers of Delhi COC).
1. Com. Vrigu Bhattacharjee 2. Com. Giriraj Singh
General Secretary, COC Delhi State President, COC Delhi State
& Financial Secretary, Confederation CHQ & Vice President Confederation CHQ
Mob: 09868520926 Mob: 09811213808
CLIMATE
Climate in Delhi in December will be cold (Sometimes severe cold). Participants may bring warm clothings.
FLAGS, BANNERS & PLAYCARDS
Participants are requested to bring flags, placards with slogans and banners in large number
PUBLICITY IN LOCAL MEDIAS
Maximum effort may be made to give wide publicity for the Parliament March through local print & electronic media, social media etc.
NATIONAL EXECUTIVE MEETINGS OF CONFEDERATION
National Executive Meeting of the Confederation will be held on 16th December 2016 (next day of the Parliament March) at New Delhi at 10 AM. Venue: MP’s Club, OPP. NFPE office, North Avenue, New Delhi. Notice for the meeting enclosed herewith. All National Secretariat members, Chief Executives of all affiliated organisations (with minimum 500 membership) and General Secretaries of C-O-Cs are requested to attend the meeting without fail. Meeting will continue upto 5 PM. Please book your travel tickets accordingly.
The main agenda of the National Executive meeting is organisational review for further strengthening the Confederation at all levels.
1ST MEETING OF THE NEWLY ELECTED WOMEN’S COMMITTEE OF CONFEDERATION
1st Meeting of the newly elected Women’s Committee of the Confederation will be held on 15.12.2016 (Day of Parliament March) at 4 PM at New Delhi. Venue: NFPE office, 1st Floor, North Avenue Post office building. All affiliated organisations and C-O-Cs are requested to ensure participation of the women committee members nominated by them in the meeting on 15.12.2016 at 4 PM. List of the Women Committee office bearers and members is enclosed herewith.The full Postal address with pincode of each women committee member may please be emailed to Confederation CHQ for updating the mailing list. Mobile number, E-mail ID may also be furnished.
MAKE THE 7TH NOVEMBER 2016 MASS DHARNA PROGRAMME A GRAND SUCCESS
1st phase of the agitational programmes was conducted at all centres on 20.10.2016 as per reports received at CHQ. The next phase of programme is mass dharna at all important centres. All affiliates and C-O-Cs are requested to start preparations for ensuring maximum participations of employees in the mass dharna on 7th November 2016.
ALL INDIA TRADE UNION STUDY CAMP
Next All India Trade Union Study Camp of Confederation will be held in 2017. COC which are ready to take the responsibility of organizing the camp are requested to intimate their willingness to the Confederation CHQ before the National Executive meeting to be held on 16.12.2016, so that advance planning can be made. Camp will be conducted only after March 2017.
Fraternally yours,
(M. Krishnan)
Secretary General
Mob: 09447068125
Saturday, October 22, 2016
Friday, October 21, 2016
MEETING ON GDS BONUS ISSUE WITH THE DEPARTMENT OF POSTS
A meeting on GDS bonus issue was convened by the Member (P) Shri A.K. Dash in his Chamber in the evening of 19.10.2016 with PJCA leaders Secretary Generals and Presidents of NFPE & FNPO attended the meeting.
Member (P) told that the case of enhancement of bonus ceiling is being pursued by the Secretary Post. He has met with Finance Secretary personally and requested to expedite the matter. Minister (C) has also written letter to Finance Minister to grant enhanced bonus to GDS. He assured that it will be approved by Finance Ministry soon. He appealed to defer the agitational programmes including 2 days Strike on 9th &10th November,2016 . He assured to issue orders for casual labourers wage revision also.
But we told clearly that until and unless the orders for enhanced Bonus are received, our programmes as notified will continue.
We have received encouraging reports of Dharna /Demonstrations held today i.e. 20.10.2016 throughout the country. Government and Department is coming under pressure.
Please maintain the tempo and make all efforts to make 2 day Strike on 9th & 10thNovember, 2016 a grand success to achieve the demands.
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