NFPE ALL INDIA POSTAL EMPLOYEES UNION POSTMEN, MSE/GROUP ‘D’ (CENTRAL HEAD QURTERS, NEW DELHI) JOINT STRUGGLES - NEGOTIATION – SETTLEMENTS WE ARE MARCHING AHEAD

During 2010, 2011 and 2012 we have mobilized the entire postal workers under banner of JCA for indefinite strike and the Department was compelled to negotiate with us to avoid the indefinite strikes. Through continuous struggles, mobilization, negotiations and settlement, the postmen union has been able to settle many long pending issues. On other issues also favourable decision has been arrived at and orders are expected to be issued soon.

For the first time in the history, of Department was compelled to constitute a DDG level committee with staff side representatives, to examine the issues relating to postmen/MTS and to take final decision. JCM Departmental council was revived and most of our issues are discussed in that forum also. During the discussion on strike charter of demands also many of our issues were discussed. The final outcome of the continuous effort made jointly by the Postal JCA, in respect of the postmen, MTS and Group ‘D’ demands are furnished below.

1. During the 2010 July strike discussion the Department agreed to fill up all the vacant posts of Postmen and MTS for the year 2009 and 2010 and also thereafter. Backlog unfilled posts, if any, are also agreed to be filled up (other than screening Committee abolished posts). Accordingly Directorate has given instructions to all Chief PMGs to conduct Postmen examination in all circles to fill up vacancies upto the year 2010 December. Orders for filling up of MTS vacancies was also issued Thus about 12000 vacant postmen posts were filled up by promoting eligible GDS employees and about 4000 MTS posts are also filled up by GDS promotion. Never before such mass-scale promotion of GDS has taken place.

2. Departmental issued New Recruitment Rules for filling up postmen and MTS posts from 2011 onwards. We have objected the 25% outside recruitment in Postmen cadre. Department finally agreed to modify the postmen Recruitment Rules to avoid 25% outside recruitment in the postmen cadre. Revised recruitment Rules of Postmen and MTS will be issued within one month and immediate action will be taken to fill up all the vacant posts of postmen and MTS for the year 2011 and 2012.

3. Department issued orders abolishing all sorting postmen posts. During the 2011 July strike discussion the Department was compelled to cancel that order and revised orders restoring the nomenclature of sorting postmen and also restoring all the abolished/Sorting Postmen posts were issued. This is one of the greatest achievement of joint struggle.

4. Department agreed to issue instructions to all Chief PMG to fill up all vacant posts of sorting Postmen (after reviving the abolished posts) and also mail overseer, cash overseer and Head Postmen Posts. Member (personnel), Postal Services Board, will be writing D.O. letter to all Chief PMGs this month itself.

5. Regarding uniforms, Chappals, umbrellas etc our demand for cash payment is not agreed as it is a Govt. of India decision applicable to other departments of Central Government also. Postal Board alone cannot take a decision in this regard.However our demand to ensure supply of good quality uniforms and kit items is agreed and Postal Board has already issued instructions to all chief PMGs in this regard. Instructions are also issues that before selecting the uniform cloth and other/kit items union representative should also be involved in the process and those items selected by the union representative may be supplied.

6. Our long pending demand of grant of full TA and DA to mail overseer instead of Night Halt Allowance (NHA) was finally agreed by the department and orders already issued. Again this is a great achievement. This item was pending for the last more than 20 years.

7. Removal of the distance conditions for grant of cycle maintenance allowance was also agreed and orders issued. This was also a long pending item.

8. Regarding creation of more promotional avenues for Postmen and MTs, it was assured that this item will be discussed in the cadre Restructuring committee. The proposal of the cadre restructuring committee will be finalized before April 2012. We will make maximum efforts to get more promotional posts for postmen and MTS through our negotiation in the cadre restructuring committee.

9. Regarding extraction of data entry work from postmen staff department has agreed to provide time factor for this work equal to the time factor now being given to Postal Assistants. As some postmen find it difficult to make computer data entry, it is also agreed to impart necessary computer framing to the postmen. As knowledge in computer will be an additional qualification for getting better pay scale for postmen in future, we are not totally opposing the data entry work.

10. Regarding irregular computation of norms and working hours of postmen working in field units, the department has agreed the following points.

(a) Higher time factor will be provided for delivery of unregistered articles in multi-storied buildings where separate post boxes are not provided in the grounds floor.

(b) For person-specific speed post articles, the norms provided for registered article will be provided.

(c) Time factor provided for travelling distance by foot and by bicycle in the hilly and mountainous terrains of less congested areas needs to be relaxed in view of the extra physical effort and time involved in covering such areas. Department agreed to consider this aspect and to issue orders early.

(d) The staff side pointed out that as per the original order issued by the Department in the year 1975, area having a density of population of 2500 per Sq. Miles or 1000 per Sq. Kilometer may be taken as congested area. But in the subsequent orders it is wrongly shown as 2500 per Sq. Kilometers.Staff side produced a letter received from postal Training centre Mysore under RTI, confirming the argument of the staff side. Finally Department agreed to re-examine the whole case and agreed to correct the mistake committed, if the above mistake is corrected then an area having a density of 1000 per Sq. Kilometer will be treated as congested area instead of 2500. At present the time factor given for congested and less congested area is as follows.

Distance travelled Congested areas Less congested

By foot 19 mts. Per Km. 12 Mts. Per Km.

By Bi-cycle 10 mts. Per Km. 06 Mts per Km.

There will be justification for more number of postmen posts in congested areas when the above mistake is corrected by the department.

11. Regarding timely payment of incentive to Postmen for delivery of speed post articles it is agreed to issue suitable instructions to all Chief PMG to the effect that all payments of speed post delivery incentive bills pertaining to postmen must be cleared by 31.03.2012.

12. Regarding the question of unjustified beat length of postmen in many circles, it is agreed to issue instructions to all chief PMGs. To examine all such cases at circle/Divisional level and remedial measures should be taken. Staff side has given the examples of many circles in writing.

13. After detailed discussion it was agreed that combination of beats should be resorted to only by exception as it adversely impacts the delivery efficiency. Instructions in this regard will be issued by the Directorate.

14. It was pointed out during discussion that Postmen face difficulty in delivery of registered parcels weighing more than 5 Kgms each and EPP articles for which the maximum weight of 35 Kgms per articles has been fixed. It was highlighted that either some reasonable rate and mode of conveyance for delivering EPP articles should be fixed or the rate of mazdoor charges fixed in the past should be revised for efficient delivery of registered parcels. It was agreed to issue necessary instructions to all chief PMGs in this regard.

15. As per the new postmen Recruitment rules there is 25% seniority quota for MTS. MTS are compelled to accept the seniority promotion. If they declined they are not granted MACP promotion in the MTS cadre. After detailed discussion department agreed to issue clarification that before issuing seniority quota promotion, willingness from the eligible MTS should be obtained so that the question of declining will not come.

16. The following items are also discussed but decisions pending and we are pursuing the cases

(a) filling up of all LR posts – we demanded that instructions should be issued to all circles to fill up eligible percentage of LR posts. Member (P) informed that instructions already exist in this regard and chief PMGs can take action to fill up LR posts.

(b) Restoration of double beat systems in metro cities.

(c) OTA for excess work for more than 8 hours for postmen

(d) Higher incentive for delivery of Adhar cards.

(e) Keep all measures of abolition/reduction of Postmen posts based on the old standards until the revised standard as agreed in the postmen committee are finalized.

(f) Providing time factor for many left out items – List of the left out items already submitted to the department.

(h) Reintroduce the “enquiry” remark and “further enquiry” remark to facilitate postmen elucidate proper addressees before affecting delivery or returns of articles as undelivered. Time factor may be provided for this job. Remarks of the postmen written on the undelivered articles may be accepted instead of compelling them to write only remarks framed by department. Postmen should not be sent out for the delivery of same article for so many times on the same day of remarks given.

Comrades

We shall take follow up action in all the above cases and shall try our level best to settle all our genuine demands. We will not hesitate to organize agitational programmes if the departmental fails to implement the assurances given in a time bound manner or if any abnormal delay take place in issuing orders on agreed items.

Let us move onward and forward unitedly. We will not rest, until all our justified demands are settled.

MACP RELATED ISSUES

Regarding MACP our main demand is that the promotion earned through/passing the limited competitive examinations should not be adjusted towards MACP promotion. The MACP orders are issued by the Government of India, Department of Personnel & Training. MACP rules are applicable to all Central Government departments. Any change it the existing MACP rules can be made by the Government of India, DOP&T, only. Postal Board has no powers to modify the MACP orders. Hence we have taken up the above case with the Department of Personnel & Training (Government of India) through confederation of Central Government Employees and workers. A decision at the Government level is required as the employees of the other Ministries/Departments are also facing the same problem. However we are continuing our efforts to settle the above case also.

Yours fraternally

(Ishwar Singh Dabas)

RECOGNITION OF NATIONAL FEDERATION OF POSTAL EMPLOYEES AND FEDERATION OF NATIONAL POSTAL ORGANIZATIONS IN THE DEPARTMENT OF POSTS.

D.G. Posts No. 6/2/2002-SR (Vol.-II) dated 1^st March, 2012.

            The undersigned is directed to convey the approval of the Competent Authority to the recognition of federations namely, (i) National Federation of Postal Employees and (ii) Federation of National Postal Organizations, in the Department of Posts, in terms of instructions contained in O.M. No. 2/14/98-JCA dated 3^rdJuly 2002 of the Ministry of Personnel, Public Grievances and Pension, Department of Personnel and Training.

2.         The recognition so granted to the Federations is on the basis of membership of their affiliated but recognized associations of regular employees, secured during the verification of membership carried out by the Department, in the wake of the judgment dated 06.01.2009 of Madras High Court given in WP No. 4704-4707/1999. The Department's Office Order No. 17/9/2007-SR dated 27.03.2008. vide which the federations were recognized on provisional basis,  stands withdrawn.

3.         The federations granted recognition vide this Office Order  will please note that it is subject  to fulfillment of all terms and conditions contained in O.M.  dated 3.7.2002 ibid and the observations of the Department of Personnel & Training conveyed vide Department's letter no 6-2/2002-SR (Vol-II) dated 24.04.2007 , and is liable to be withdrawn any time if the above guidelines are not satisfied . Further the recognition of NFPE will be subject to the final outcome of the W.P. No. 3299/2007 pending before High Court of Judicature at Jodhpur.

Sd/-

(Subhash Chander)

MINUTES OF THE MEETING OF DEPARTMENTAL COUNCIL (JCM)

A meeting of the Departmental Council (JCM) under the Chairpersonship of Secretary(Posts) was held on 10.02.2012. The following were present:

Official Side

Staff Side

1. Ms. Manjula Prasher, Secretary(P) & Chairperson, Departmental Council(JCM) 2. Ms. Yesodhara Menon, Member(P) 3. Ms. Suneeta Trivedi, Member(Plg.) 4. Shri Santosh Gauriar, Member(O) 5. Kalpana Tiwari, CGM MB&O 6. Shri S.K. Sinha, CGM PLI 7. Shri Tilak De, DDG(MM&Estates) 8. Shri V.P. Singh, DDG(Estt.) 9. Shri Salim Haque, DDG(P) 10. Ms. Aindri Anurag, DDG(PO&CP) 11. Shri A.S. Prasad, DDG(FS) 12. Shri V.K. Tiwary, DDG(R&P) 13. Shri Subhash Chander, Director(SR&Legal)

1. Shri K.V. Sridharan,Leader 2. Shri Giriraj Singh, 3. Shri M. Krishnan, 4. Shri D. Theagarajan 5. Shri D. Kishan Rao 6. Shri Ishwar Singh Dabas 7. Shri T. N. Rahate 8. Shri P. Suresh 9. Shri Pranab Bhattacharjee 10. Shri A.H. Siddiqui 11. Shri K. Ragavendra 12. Shri S. Karunanidhi 13. Shri Surinder Pal

The meeting started with introductory remarks of the Chairperson wherein she apprised of the staff side about the proposal of recognition of federations heaving been taken up for consideration and approval of the competent authority. This was followed by the staff side thanking the Chairperson for convening the meeting as per the schedule. Thereafter agenda items were taken up for discussion. The gist of discussions held during the meeting is as follows:-

Annexure – I

1. Long distance schedules of MMS

The staff side was apprised of the instructions having been issued to Heads of Circles on 15.06.2010 to increase the utilization of vehicles by extending the existing schedules up to 300 kms. The position about clearance of Ministry of Finance regarding purchase of new vehicles as also replacement of old vehicles happening much faster was also explained to the staff side.

The contention of the staff side was that the aforesaid instructions are not being observed and it was agreed to reiterate the said instructions.

2. Diversion of MMS vehicles

The staff side averred that the vehicles allotted to MMS for operational purposes were diverted to Circle/Regional offices, which is adversely affecting the efficiency of mail delivery. They desired issue of strict instructions in the matter so that vehicles are used for the purpose for which they are procured.

The instructions issued in this regard by the Department from time to time were brought to the notice of the staff side with an understanding to reiterate the instructions once again.

3. Holding of examination for filling up the posts of AMM in MMS

The staff side pointed out delay in finalization of Rules of Recruitment for the post of Assistant Manager in MMS, with a request to finalise it on priority. The Chairperson advised the official side to complete the pending action in regard to finalization of Recruitment Rules within 2 months.

4. Holding of DPC for filling up the posts of Deputy Manager MMS

It was agreed to complete the process within 2 months.

5. Appointment to the grade of Supdt. Stg. In RMS

The contention of the staff side was that the 4 posts of Supdt. Sorting in RMS which were meant for general line officials are either manned by ASPs or by PSS/PMS Group B officials. Further, the Circles in which these posts exist are also not known. During discussions, a reference was also made to 4 posts of AD (Recruitment) out of which 3 are lying vacant. Besides requesting for filling up of the above posts, the staff side mentioned about their merger with main stream of Group B posts and increasing quota of General line officials from the existing 6% to a higher percentage.

The Chairperson advised the Personnel Division to find out the availability of posts and to fill all the posts meant for general line officials from that category only within three months.

6. Acute shortage of ‘C’ Bags

The staff side was explained that for the year 2011-2012, much of the supply has already started and there are only 2 companies which are yet to start it. Further, action has already been initiated to ensure timely supply of bags for 2012-2013 & 2013-2014. The staff side was also apprised about the constitution of a Committee which will consider decentralization of procurement of stores of other than prescribed sizes, and the Committee will submit its report within one month.

7. Change of nomenclature of cleaners in MMS

Redesignation of Cleaner as Helpers may go against their interest and, therefore, it was agreed to drop the item.

8. Change of Recruitment Rules ensuring parity in recruitment to the posts of Postmen and Mailguards in the Department of Posts

The Recruitment Rules for the posts of Postmen and Mailguards have been revised and notified in the Gazette of India after due deliberations. In the background of the above, the item is treated as closed.

9. Recruitment in the cadre of erstwhile Group D upgraded as Multi Skilled Employees in the Department of Posts

In the background of Revised Rules of MTS it was agreed to close the item.

10. Providing additional hand to single handed offices due to decentralization of RD Work etc.

The staff side drew attention to the agreement reached in an earlier meeting of the Departmental Council (JCM) in 2006 in the wake of which a Sub Committee was constituted, which submitted its report in favour of the proposal. In turn, it was explained to them that norms for the work of decentralized schemes like RD/MIS have already been finalized and further, redeployment was within the power of the CPMSG.

11. Implementation of recommendations of the 5^th CPC with regard to payment of cash handling allowance to treasurers and Asst. Treasurers in Post Offices.

The Staff Side was informed that the proposal was taken up with the Ministry of Finance in 2010 but it was not agreed to. However, it was decided to once again take up the matter with the Ministry of Finance.

12. Payment of OSA and other benefits to MMS staff on par with RMS Staff.

The proposal of the Staff Side was agreed to. Order in this regard will be issued shortly.

13. Allot 19% Group B vacancies for General line and permit all Group C officials in Postal, RMS, Admn. And Postal A/Cs with minimum 20 years of service to appear in the exam by dispensing with present reservation of posts to RMS & Admn. Staff.

It was agreed to constitute a Committee which will look into the matter (other than Postal Accounts) and submit its report within 2 months.

14. ACP Scheme to wiremen and electrical staff.

In the background of instructions issued by the Department vide No. 2-13/2009/PCC dated 12.08.2012, it was agreed to close the item.

15. Streamlining the work of Cash Certificates and causing uniform work procedure.

The staff side was informed about the norms having been issued on 26.04.2010, a copy of which was supplied.

16. Anomaly in the preparation of PA gradation list. Date of confirmation should not be taken now and d ate of appointment be taken for construing seniority. Fixing seniority based on the date of confirmation in unconstitutional and discriminatory and dropping of confirmation examination.

It was agreed to refer the matter to the Committee constituted to consider item No.13.

17. Ensure speedy verification of caste.

It was agreed to reiterate the instructions of DOPT to the Maharashtra Circle.

18. Merger of Despatch Riders with the Drivers.

In the background of different rules of recruitment for the post of Despatch Riders and Drivers, the proposal could not be agreed to.

19. Allowing lift operators to sit for the LGO examination.

It was explained that it was a different category altogether and thus it would not be possible to allow the Lift Operators to sit for LGO examination.

Annexure -2

1.Non absorption of Lift Operators

Referring to the case of 5 Lift operators working at Howrah Post Office building, the Staff Side was informed that it appeared to be a case of absorption of Casual Labourers and not Lift operators and therefore it was agreed to drop the item.

2. Relaxation of educational qualification in respect of widow applicant for compassionate appointment.

The staff side was apprised of the position that prior to implementation of the recommendations of 6^th CPC, in case of widows the provision to relax the educational qualification existed subject to the condition that it would not adversely affect the work. The above clause has been found missing in the 6^thCPC recommendation and, therefore, its continuance thereafter will be ascertained from the Department of Personnel & Training.

3. Request for correct identification of Speed Post Hubs.

The staff side was informed that selection of Speed Post Hubs was done as part of Mail Network Optimisation Project after a comprehensive study of the network and taking into account mail volume Air/Rail/Road connectivity into account. In regard to Asansol, the Chairperson explained her discussions with the CPMG West Bengal in which he was asked to increase the mail business during the next 3 months and the position will be reviewed thereafter. The point of Guntakal having better connectivity then Kurnool this justifying its identity as hub was also mentioned by the staff side. M B division will have this examined.

4. Request to issue instructions to the Heads of Circles to follow the Directorate order in respect of Speed Post Norms.

The instructions have already been issued and therefore it was agreed to drop the item. A copy of the instructions will, however, be made available to the staff side.

5. Request to extend the Station Tenure to Senior Manager Cadre in MMS.

The proposal of the Staff Side that rotational transfers should be done on time, was agreed to by the Chairperson.

6. Incentive structure for handling UIDAI (Aadhar) cards to the PO staff.

The contention of the staff side was that Aadhar Cards were being handed over to the Postmen for delivery along with other dak which form part of their normal duties without considering their limitations in this regard. Mention was also made about higher rate of incentive being paid in Andhra Pradesh Circle with a request to follow it in other Circles.

It was clarified to the staff side that there is a provision to ensure delivery of Aadhar Cards within 15 days from the date of booking and it was quite a relaxed condition, in comparison to other Speed Post articles. In the matter of payment of incentive, the Chairperson agreed to reiterate the instructions in relation to Speed Post articles (including Aadhar) of the Department to all Heads of Circles. Higher incentive cannot be approved.

7. Reassessment of the Role of the Office Supdts. Working in Circle Administrative offices including the office of the DPLI and upgradation of them as the holder of Gazetted Group-B posts.

It was not agreed to. The item may be closed.

8. Promotion of senior most HSG-I in each regional office as office Supdt.

It was not agreed to. The item may be closed.

9. Release the Pension/DCRG of employees against whom minor penalty proceedings concluded after retirement.

In the light of instructions having been issued by the Department and reiterated vide letter dated 10.02.2012, it was agreed to close the item.

10. Pay protection to employees who seek transfer to a lower post under FR 15(a)/transfer under Rule 38.

It was agreed to have a relook into the matter.

11. Construction of Departmental Buildings for Postal Accounts Offices at Hyderabad, Trivandrum and Patna.

The Staff side was informed that all the 3 projects will be considered for construction during the 12^th Plan period, subject to availability of funds.

12. To fill up the time scale Driver Post at MMS.

It was agreed to have a relook into the matter of filling up of all residual vacancies of Drivers in the MMS.

13. Revival of Bandel and Barasat RMS in West Bengal Circle.

The staff side contented that the closure of these offices was against the agreement reached with them and requested for their revival. The staff side was explained that in view of the networking exercise, L1 and L2 has to be followed and therefore this item become irrelevant. It was further clarified that in the wake of networking exercise, number of mail offices with less than 10,000 mails are being allowed to continue. In the light of the above discussions, the item is treated as closed.

14. Problem arisen subsequent on centralization of Tax related work at HO in S.B.Branch.

The staff side was apprised that TDS is a mandatory income tax requirement and is part of the statutory requirement when commission is paid to agents. There is every possibility that the issues raised by them will be sorted out by the new software. It was further stated that in case the issue does not get resolved with the new Financial Services software, this would be examined separately.

15. Posting of in charge of BPC – regarding.

It was agreed to look into the matter.

16. Request for procurement and supply of scanner to HOs and SOs in Maharashtra Circle effecting MSEDEL bills on e-payment.

The staff side was informed that the matter had been discussed with the CPMG Maharashtra Circle and the possibilities were being explored to split the existing Barcode of Maharashtra State Electricity Board so that it comes within 12 digit Bar code reader. It was also explained that the Department would not be in a position to procure scanner so as to suit the requirement of different organizations, utilizing the services of the Post Office. In the background of the above, the item was closed.

17. Delivery/Remarks on Speed Post articles pertaining to Pass Port - Clarifications sought for.

After discussions, it was agreed to reiterate the instructions of the Department to all concerned.

18. Irregularities in the accounting procedure in Post Offices – case of Delhi Circle.

It was agreed to look into the matter.

19. Postal Assistant Direct recruitment – compulsory education in regional language – regarding.

The staff side was informed that in the new recruitment rules for PA/SA, the condition has been changed as regional language/Hindi. After detailed discussions, it was agreed to close the item.

20. Reduction of tenure in the Naxalite threat areas in Baster division, Chattisgarh circle.

The staff side was informed that the issue falls within the purview of the Circle Office.

21. Holding of JAO part II Examination – regarding.

It was informed to the staff side that the matter was earlier taken up with the Ministry of Law & Justice and is now under consideration in consultation with the Department of Personnel & Training. It was also stated that in case of eligible candidates, the examination may be conducted without much delay.

22. Arbitrary & irregular Audit objection and recovery of licence fee from the officials provided with rent free recommendation.

In the wake of instructions issued by the CPMG West Bengal, it was agreed to drop the item.

23. Removal of age limit for appearing in IPO exam.

After detailed discussions it was agreed to drop the item.

24. Evolution of norms for all duties performed my Multi tasking staff (erstwhile Group-D).

The staff side was informed that norms for all the duties performed by MTS are being evolved.

25. Creation of justified additional posts while implementing new system for delivery work and allowing postmen to write correct remarks for non delivery.

The issue is under examination by the Postmen Committee, under the Chairpersonship of CGM PLI.

26. Grant of uniform and kit maintenance allowances.

The fact of the matter having been taken up with the Department of Personnel & Training vide letter dated 02.02.2012 was brought to the notice of the staff side.

27. Providing Security to cash overseers.

The staff side was informed that the present cash limits are not so high to provide for the security and further the Circle Heads would be instructed to ensure adherence to the line limits by all concerned. It was also agreed to examine the feasibility of raising line limits and to provide security guards in the Post Offices located in highly sensitive areas. The issue of utilizing services of the bank branches located in the area will also be examined.

28. Incentive to Mail overseers for procuring PRLI Business.

It was agreed to issue a clarification to the effect that Mail Overseers are also eligible for incentives on par with other departmental officials and depending upon the suitability, they can be engaged for this work.

29. Weight and size limit of express post parcels delivery of by Postmen.

It was agreed to reiterate the existing instructions on the subject to all Heads of Circles.

30. To keep status quo in the post of Departmental Stamp Vendor.

The staff side was informed that the issue is covered by the standing instructions on utilization of surplus manpower and redeployment of posts and therefore, the plea to maintain status quo cannot be approved.

***

WFTO LETTER TO INDIAN PRIME MINISTER

WORLD FEDERATION OF TRADE UNIONS Athens, February 24, 2012 To: Dr. Manmohan Singh Hon. Prime Minister, Government of India, New Delhi, India Dear Mr. Prime Minister, We address you this communication from the World Federation of Trade Unions, the premier International Trade Union organization representing workers in 120 countries from all the continents. Needless to add that we also represent about 10 million workers in India encompassing major Central Trade Unions like AITUC and CITU as well as TUCC, AICCTU, AIUTUC etc. besides number of workers in various sectors and industries. We are concerned to write to you because we observe that the various economic policies being pursued by Indian Government are adversely impacting the living conditions and livelihood of the common masses of workers. We are aware that India is a fast emerging economy in the world and its more than 400 million workers are a great human asset in shaping the country as a strong and vibrant economy. But it is distressing and disappointing that the workers are being denied of their legitimate and justified share out of the prosperity and progress. On the other hand workers are confronted with problems of huge job losses, retrenchments and lay-offs, underpayment of wages, elongated working hours, denial of basic trade union rights, violation of labour statutes, outsourcing and contractualsing regular jobs, denial of social security benefits, denial of maternity benefits for women workers, exploitation of unorganized workers, increased peril to jobs and job security, etc. In short workers are being treated unfairly and without equity and justice. It is also a matter of intrigue that while India is a founder member of ILO, Resolutions like Conventions 87 and 48 relating to right of association and organizing trade unions, etc. are yet to be ratified by the Indian Government. Further, in the anxiety to pursue the policies of globalization and liberalization, the welfare of workers is being ignored. Labour is said to be an equal partner in development and progress but ostensibly, the scales are not held evenly. It is in this situation, after repeatedly drawing the attention of the Government to correct the situation and having failed to get any positive outcome, the entire trade union movement and workers class of India has risen as one man to register their stout opposition to these policies through a General Strike on 28, February, 2012. The fact that all the Central Trade Unions have come together and jointly given the call for the strike action itself is a pointer to the deteriorating conditions of the labour class in India and the concern of the trade unions to espouse their cause. It is expected that nearly 100 million workers will be joining this protest action to press their 10 point charter of demands. From the World Federation of Trade Unions, we express our full support to the working class of India and total solidarity with the trade unions who have given the call for the strike. We urge upon the Government of India to appreciate the genuine concerns of the trade unions and take all steps to protect the interests of the workers and address the demands of the traded unions. Thanking you, Yours sincerely Sd/- GEORGE MAVRIKOS GENERAL SECRETARY

RTI QUERIES DON'T AFFECT GOVT. WORK

The time spent by government officials replying to RTI is so little that it cannot be a pretext for them to shirk that task

In August 2011, the Supreme Court made an observation which had some unintended consequences on the Right to Information (RTI) process. The judgement by Justice R.V. Raveendran is turning out to be a seemingly legitimate excuse for government officials to restrict information.

Aditya Bandopadhyay went to court when the Central Board of Secondary Education declined to provide his examination answer sheets under the RTI Act. While the court allowed access to answer sheets, it also observed that the cherished right to information should not affect administrative efficiency.

In his judgement, Justice R.V. Raveendran said: “The nation does not want a scenario where 75 percent of the staff of public authorities spends 75 percent of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of public authorities prioritising information furnishing at the cost of their normal and regular duties.” Government officials are now using this excuse with increasing frequency saying that even the court agrees. Central Information Commissioner Shailesh Gandhi says 75 percent government staff spending 75 percent of their time on giving information would mean 56 percent (0.75 X 0.75) of their total time spent only on replying to RTI queries.

Gandhi says that at the most optimistic estimate not more than one crore RTI applications are likely to be received by all public authorities across the country in 2012. The average time to attend to each would be less than three hours. That means no more than three crore hours spent by all officials.

Assuming that an average government employee works for just six hours a day for 200 days a year, it would mean he would work for a total of 1,200 hours in a year. That means 25,000 (3 crore divided by 1,200) employees would be required full time. The Centre and all state governments have about 1.2 crore employees. So, the total time spent by government employees on replying to RTI queries would be 0.208 percent (25,000 divided by 12,000,000).

In other words, no more than 4.6 percent officials are spending 4.6 percent of their time on giving information. This is based on conservative assumptions. Surely, government officials work for more than six hours a day! Doesn’t look like they have much space to hide.

TRIPARTITE LABOUR CONFERENCE DECISION Minimum Wages Act Coverage for all Employments

            Raising the Wage Ceiling in the Employees Provident Fund, Enhancement of Pension under Employees Pension Scheme 95, Portability of PF Account, Reduction in the Requirement of Minimum Continuous Service, Etc.

            Stress on Matching the Large Scale Skilling Targets with Creating Similar Number of Openings in the Area of Employment

            Maternity Leave Under the Maternity Benefit Act be Increased from the Present Level of 12 Weeks to 24 Weeks

                Union Labour & Employment Minister Shri Mallikarjun Kharge today detailed about the recommendations made during the 44th  Indian Labour Conference concluded at Vigyan Bhavan, New Delhi. Addressing the media persons he said this Session of the Indian Labour Conference had elaborate discussions on three agenda items - (i) Minimum Wages (ii) Social Security and (iii) Employability and Employment.

            The Conference was inaugurated by Hon'ble Prime Minister of India.   The Conference was attended by Labour Ministers from 14 State Governments. All the major 12 Central Trade Union Organisations and 6 major employers' organisation participated in the Conference.  Besides, senior officials from 23 Central Ministries and all State Governments/UTs attended the Conference.  The International Labour Organisation Experts based at Delhi were also present.

            Shri Kharge referred the Prime Minister inaugural address in which he emphasized the great importance that the UPA Government attaches to the promotion of healthy industrial relations and well being of our workforce. 

            Shri Kharge said   our huge unorganized sector poses great challenges in ensuring quality employment and extension social security coverage.  Minimum Wages are an important means of protecting the interest of the workers were not in the formal sector.  Our flagship health insurance scheme "Rashtriya Swasthya Bima Yojana" has covered 2.5 crore Below Poverty Line families and this Scheme is being extended to cover other category of workers.                                                                         

         According to the minister the Conference Committee on "Minimum Wages" recommended that the Minimum Wages Act should cover all employments and thus facilitate India's ratification of ILO's Convention No.131.  There was convergence of views towards making National Minimum Wages and make it applicable to any employment irrespective of the number of workers engaged.  Objective suggestions were made for linking minimum wages with NSSO Consumer Expenditure Survey and inflation.

            Also the Conference Committee on "Social Security" had very focused discussion and came out with specific recommendations in the areas of raising the wage ceiling in the Employees Provident Fund, enhancement of pension under Employees Pension Scheme 95, portability of PF Account, reduction in the requirement of minimum continuous service, etc.   The Committee addressed the gender issues by recommending enhancement of maternity leave.  The MSME Sector and unorganized sector workers received special attention of the committee members.  Our Ministry's RSBY Scheme has achieved a lot of success and various recommendations were received for bringing other category of workers under its coverage and adding other type of benefits in addition to the existing ones.

            Moreover, the Conference Committee on "Employability and Employment" recommendations laid stress on matching the large scale skilling targets with creating similar number of openings in the area of employment.  Labour intensive industries need to be promoted and protected.  The forthcoming National Employment Policy should be able to provide enabling framework for facilitating employment generation and decent work in the unorganized sector.  The Labour Market Information System should give real time information about skill requirements and skill availability. Other innovative suggestion were bringing the traditional skills under the certification system and involving MSMEs in skill development.  The road map for skilling 500 million persons by 2022 should be finalized in consultation with the tripartite partners.

            Shri Kharge said, this Session of the Conference carried forward the rich tradition of healthy social dialogue, spirit of accommodation and keeping interest of our workforce as the top most priority.   The tripartite partners have shown full concern to the important responsibility we have towards our country's growth and safeguarding the basic interest of our workers.  We will be very closely following up with the implementation of policy solutions arrived at the Conference and the same will be reviewed in the meeting of the next Standing Labour Committee.

         The Recommendations of the Conference Committee on Employability and Employment are:

1.      Employment generation and Employability should be top agenda of the Govt.

2.    Though lot of focus  is  being laid on training of 500 million persons by 2022, there is a need to take appropriate measures for creation of employment opportunities to offer the matching employment.

3.     There is an urgent need to declare the National Employment Policy in order to provide enabling framework for facilitating employment generation and decent working conditions for all.

4.      Investment in labour intensive industries should be promoted and incentivised.

5.     Labour Market Information System should be established to get skill requirement from the industry and available skills from the institutes. In this regard, employment exchanges may be modernized for providing virtual job market on real time basis.

6.    Skill mapping should be done at the local level and inventory of skill assets should be created.

7.    ITIs should also focus on sectors beyond manufacturing and should concentrate on service sector. There is urgent need for quality assurance measures in training of ITIs and instructors.

8.    Emphasis should be laid on development of infrastructure including storage, processing and marketing in rural areas and agro-based industries.

9.    ITIs should focus more on popular trades keeping in view the requirement of the local industries.

10.  Institutional arrangements for providing training in traditional skills should be encouraged and may brought under certification system.

11.  Public awareness programme should be taken up, particularly in rural areas regarding the importance of skill development and certification of traditional skills.

 12.  There should be functional and spatial integration of State and Central infrastructure and other available resources for optimal utilization of resources.

13.  MSMEs should be encouraged and supported to participate in the skill development efforts.

14.  Stipend of apprentices under the Apprentices Act should be enhanced.

15. Existing and new Centres of Excellence/Clusters in traditional crafts should be strengthened and provided support in terms of marketing, credit, new technology, etc. to promote self-employment.

16.  Barriers should be removed from skilling and certification of illiterate and uneducated workers.

17.   Entrepreneurship and self-employment should be encouraged by providing necessary support.

18.  Existing employment in the unorganized sector should be safeguarded by assuring access to natural resources for those sectors dependent on them.  In order to increase their productivity, appropriate advanced tools and technology for traditional producers should be developed.

19.   Skill development should be promoted among the women and differently-abled persons.  To increase participation of women in skill development, special measures should be taken.

20.   Centres of Excellence should be established at the national and State levels  which  will produce world-class technicians.

21. National level consultation with all the stakeholders should be held immediately to finalize the road-map for preparing skill development plan leading to skilled force of 500 million persons by 2022.

22.  Comprehensive steps should be taken to create environment for employment generation and protection.

23.    Trainers should be trained in large numbers to meet growing requirement.

                During the Conference a Committee was constituted to discuss Agenda Item No.(i) concerning Minimum Wages  and related issues. These issues, inter alia, include norms for fixation/revision of minimum rates of wages, Variable Dearness Allowance(VDA),  National Floor Level Minimum Wages etc. On the basis of detailed discussion, the following points emerged.

1.  There was consensus that the Government may fix minimum wages as per the norms/ criteria recommended by the 15th ILC (1957) and the directions of the Hon'ble Supreme Court (Repttakos Co. Vs Workers' Union) 1992.  The Government may take necessary steps accordingly.

2. There was a broad consensus that the Minimum Wages Act should cover all   employments and the existing restriction for its applicability on the scheduled employments only should be deleted. This will also help India ratify ILO Convention No.131.

3.  It was broadly agreed that there should be national minimum wages applicable to all employments throughout the country.

 4.There was broad agreement on the amendment proposals as listed out in Para 5(iv,  v & x).

 5.  In respect of 5 (iv), it was pointed out that the payment  to the apprentices should   be treated differently from the other categories.

 6.The Committee noted that at present there are 12 States/UTs who have not adopted  VDA. There was a broad consensus that all States/Uts should adopt VDA.

 7. It was also recommended that the payment of minimum wages should be done through Banks/Post Offices etc.

 8. As regards 5(vi), it was felt that the enforcing agencies should not be given the power of adjudication and, therefore, this proposal should be re-examined.

9. The proposal of paying different minimum wages in respect of same employment    either in the Centre or in the State should be done away with.

          A Conference Committee was also constituted to discuss the agenda item No. (iii) i.e. "Social Security".  On the basis of detailed discussions, the following points emerged :-

(i)        There was a broad-based consensus that the wage ceiling for the application of EPF Act be increased from the present level of Rs.6,500/- to Rs.10,000/- or Rs.15,000/- as already applicable for the ESI Corporation.  Similarly, the ceiling for workers covered under EPF Act be reduced from 20 to 10.  However, Laghu Udyog Bharati was not agreeable to this reduction in ceiling of number of workers.

(ii)        Minimum pension under the EPS 95 be increased to some floor level, which should not be less than Rs.1,000/-,  since a large number of workers receive pension which is less than that provided by the State Governments for elderly people which is normally in the range of Rs.400/- to Rs.1000/-.

(iii)      The PF Accounts be computerized urgently so that the workers are able to avail the facility of PF transfer and settlement immediately. Smart Cards like RSBY be issued to PF account holders.

(iv)          Minimum ceiling of 5 years of continuous service be reduced in case of gratuity and gratuity be made transferable in case of change of job by the employee.

(v)       The maternity leave under the Maternity Benefit Act be increased from the present level of 12 weeks to 24 weeks.  Thsis increased maternity benefits be made available only upto two children, while the lower limit be continued for more than two children.

(vi)       Accountability on the part of organizations implementing the social security schemes be fixed in order to ensure that the beneficiaries receive the deliverables in time.  Citizen Charters for these organizations be finalized early.

                ST/-

(Release ID :80348)PIB