NFPE

       ALL INDIA POSTAL EMPLOYEES UNION GROUP C'       ANNA ROAD BRANCH, CHENNAI 600 002

                                                   ( To Members only)

Circular no:12 Dear Comrades, We are aware that our General Secretary AIPEU Gr ’C’ as well as Secretary General NFPE Com.M.Krishnan is also the Secretary General of Confederation of Central Government Employees. Regarding 7^th pay commission Com.M.Krishnan and Com.K.V.Sridharan along with consideration with Railway Trade Union Leaders our JCM Leaders have demanded the 7^th pay commission with effect from 01.01.2014. Commission shall determine the pay structure benefits facilities retirement benefits etc., taking into account a need to provide a minimum wage with the recommendation of 15^th Indian Labour Conference 1957 and the subsequent judicial pronouncement of Hon’ble Supreme court there on. Detailed discussion has taken place. Some of the organization has told that similarity with public sector undertaking should be the wage. While Com.M.Krishnan examined and found many public sector banks and LIC the initial pay is lower than the central government employees (especially Postal employees) and explained them that we will be suffered at the lower level. Instead of that the formula recommended by the 15^th Indian Labour Conference 1957 held at Nainital should be implemented. When this formula is implemented the minimum pay of the Group ‘D’ might be fixed at Rs 26000/-. The recommendations of the 15^th Indian Labour Conference was also accepted by the Justice. Sri Krishna Comittee (6^th CPC). After detailed discussion with all the organization our demand is that the Pay Commission should fix minimum pay taking into consideration of the formula recommended by the 15^th Indian Labour Conference 1957 held at Nainital and the subsequent judicial pronouncement of Hon’ble Supreme court there on, as fixing of minimum pay is most important.
 On determination of Interim relief for central government employees including GDS some JCM staff side leaders suggested not to demand interim relief as this will be deducted on finalization of pay commission and ultimately employees may not be getting much arrears and the may not be happy. But our Com.M.Krishnan has explained that if Interim relief is granted than our minimum pay will not be less than the existing pay + Interim relief and ultimately our minimum pay will be protected. After long discussion all the JCM staff side leaders have accepted to demand Interim Relief. Determination of merger of percentage of Dearness Allowance and Dearness relief with pay and pension including GDS. During detailed discussion one of the JCM leader asked what is the need of DA merger as the date of effect is from 01.01.2014. Com.M.Krishnan explained that we can’t presume that every pay commission will automatically merge DA. It may or may not and government may defer the implementation by a year or two. On conclusion it was decided to demand DA merger also.There are many anomalies lying pending. All these anomalies should be settled with special aggression by the committee with the government. After three round discussion the demand to work out the improvement of the existing retirement benefits like pension, DCRG, family pension and other permanent benefits to the past, present and future pensioners including those who recruited after 01.01.2004 should be covered under the old pension scheme and as well as with cashless and hassle free medical facilities to all employees and pensioners whether they are covered under CGHS area or not has been placed.              CONFEDERATION CHARTER OF DEMANDS Ø  Ensure every five year wage revision of central government employees in future.
Ø  Regularisation of GDS employees in Postal Department and grant of all benefits at par with regular central government employees.
Ø  Regularisation and revision of wages of casual contract workers.
Ø  Compassionate appointment removal of restriction imposed by government.
Ø  JCM and anomaly committee function.
Ø  Filling up of all vacant posts and creation of new posts where ever justified.
Ø  Stop downsizing, outsourcing, contracting, privatization of government function.
Ø  Stop performance related pay system
Ø  Extend the Productivity Bonus for all removing bonus celling
Ø  Revision of OTA and night duty allowance
Ø  Implement arbitration award
Ø  Five promotion to all
Ø  Withheld PFRDA Act and ensure pension for all
Ø  Stop prize hike
Ø  Stop trade union victimization
Ø  Ensure right to strike
 PFRDA Act : It is proposed to file a case in Kolkata High Court both jointly by the state government employees federation and the confederation with a prayer that all are central government employees and cannot be two type of pensioners that can’t be a clause within the clause. All central government employees are belong to one clause and within that scheme there can’t be a old pension scheme and a new pension scheme. We will fight and win up to Supreme Court.
           Unless we all struggle together most of our demands will not be accepted by the government. The major participant of Confederation of Central Government Employees are NFPE. When compared to NFPE other organizations are small. It is our role to follow the struggle programs like Rallies, Dharnas, Lunch Hour Demonstrations and Pen down strikes as and when guided by the confederation to get our rights and to win our demands.                                                                     S.Venkatesan
                                                                     Secretary

NATIONAL FEDERATION OF POSTAL 

EMPLOYEES

ALL INDIA POSTAL EMPLOYEES UNION GDS 

(NFPE)

FLASH!                 FLASH!!                      FLASH!!!

FIRST MILESTONE ON 

legal 

fight for GDS 

DEPARTMENTALISATION

Hon’ble Supreme Court of India has ordered the Delhi High Court to decide the prayer of NFPE & AIPEU-GDS (NFPE) in writ petition No. 1003 of 2013 to treat the three lakhs Gramin Dak Sevaks as civil servants for all purposes at par with other regular employees as per 1977 SC Judgment & to quash the GDS (Conduct & Engagement) Rules 2011.

This is a TURNING POINT IN THE HISTORY OF GDS

NFPE & AIPEU-GDS (NFPE) DID IT

FINAL LEGAL BATTLE HAS BEGUN

We shall fight for GDS both legally and organizationally

Join AIPEU-GDS (NFPE) and strengthen further the fight for the cause of GDS. Nobody can break the unity among NFPE & GDS. Isolate and expose those renegades who betrayed GDS and joined anti-NFPE camp and tried to break the unity between GDS & NFPE. Participation of more than 10000 GDS in the GDS (NFPE) Parliament March proved that we are already recognised by the GDS Employees all over India.

Donate Liberally to NFPE Legal Expense Fund

The National Federation of Postal Employees and the All India Postal Employees Union (Gramin Dak Sevaks) had approached Hon'ble Supreme Court of India by way of filing Writ Petition (C) No.1003 of 2013.  There were two basic prayers apart from the consequential prayers in the Writ Petition.  These prayers are:-

“(i)    that a  direction  be  issued  to  the Respondent to treat the Gramin Dak Sevaks as Civil  Servants  for  all purposes at par with the other regular members of the civil services and regular employees in relation to all service matters including the pension and all retiral benefits,  and

(ii)    the Department of  Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 be declared invalid and unconstitutional.”

The matter was heard at some length on 13.12.2013 in Court No.2 as Item No.8 before a Bench comprising of Hon'ble Mr. Justice R.M. Lodha & Hon'ble Mr. Justice Shiva Kirti Singh.  The Federation and the Union were represented before the Hon'ble Supreme Court by Shri M.R. Calla, Senior Advocate [Former Judge of Rajasthan High Court & Gujarat High Court] along with Shri Uday Gupta, Advocate. Their Lordships were of the view that the issues raised in the Writ Petition are of importance and keeping in mind the fact that about 3 lakhs persons are serving as Extra Departmental Agents (Gramin Dak Sevaks) and are posted at various places in the Country, the issues raised can be considered by Hon'ble Delhi High Court and this would also avoid multiplicity of legal proceedings.

Hon'ble Supreme Court vide its Order dated 13.12.2013 directed as under :-

(i)              That Writ Petition (C) No.1003/2013 be transferred to Hon'ble Delhi High Court for consideration;

(ii)           That Registry of Hon'ble Supreme Court to transmit the entire record and proceedings to Hon'ble Delhi High Court;

(iii)        That Registry of Hon'ble Delhi High Court to register the Writ Petition under Article 226 of the Constitution of India and proceed with the matter.

See Order below:

ITEM NO.8                                            COURT NO.2                                       SECTION X

S U P R E M E   C O U R T   O F   I N D I A

RECORD OF PROCEEDINGS

WRIT PETITION (CIVIL) NO(s). 1003 OF 2013

NATIONAL FED. OF POSTAL EMP. & ANR                                                Petitioner(s)

                 VERSUS

UNION OF INDIA                                                                                    Respondent(s)

(With office report )

[FOR PREL. HEARING]

Date: 13/12/2013  This Petition was called on for hearing today.

CORAM :

            HON'BLE MR. JUSTICE R.M. LODHA

            HON'BLE MR. JUSTICE SHIVA KIRTI SINGH

For Petitioner(s)           Mr. M.R. Calla, Sr. Adv.

                                    Mr. Uday Gupta, Adv.

                                    Ms. Shivani M. Lal, Adv.

                                    Mr. M.K. Tripathi, Adv.

                                    Ms. Pratiksha Sharma, Adv.

                                    Mr. Ankit Achariya, Adv.

                                    Mr. Mohan Pandey,Adv.

For Respondent(s)

UPON hearing counsel the Court made the following

                                                O R D E R

            Writ Petition is disposed of in terms of the signed order.

(Rajesh Dham)                                                                         (Sneh Lata Sharma)                   

Court Master                                                                              Court Master                         

(signed order is placed on the file)

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 1003 OF 2013

NATIONAL FED. OF POSTAL EMP. & ANR.                                              Petitioner(s)

                        VERSUS

UNION OF INDIA                                                                       Respondent(s)

O  R  D  E  R

            This is a Writ Petition  filed  under  Article  32  of  the      Constitution of India by the National Federation of  Postal Employees and All India Postal Employees Union GDS (NEPE). The principal prayers in the Writ Petition are, (one) that a  direction  be  issued  to  the respondent to treat the Gramin Dak Sevaks as Civil  Servants  for  all purposes at par with the other regular members of the civil services and regular employees in relation to all service matters including the pension and all retiral benefits,  and (two) the Department of  Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 be declared invalid and unconstitutional.

2.         Having regard to the controversy raised in the  matter, we are satisfied that the grievance of the petitioners can be adequately considered by the High Court under Article 226 of the Constitution  of India.

3.         Since about three lakh persons serving as Extra Departmental Agents (Dak  Sevaks)  are  concerned  about  the subject matter and they are spread all over the country, we are satisfied that to avoid multiplicity of proceedings  in  different  High  Courts,  it would be appropriate that the matter is considered by one High Court.

4.         We, accordingly, transfer this Writ Petition to the Delhi High Court for consideration.

5.         The Registry shall transmit the record and  proceedings of  the Writ Petition to the Delhi High Court.

6.         Upon receipt of the record  and  proceedings of the Writ Petition, the Registry of the Delhi High Court shall register the Writ Petition and proceed with the matter accordingly.

7.         So far as this Court is concerned, Writ Petition stands disposed of.

......................J.

 ( R.M. LODHA )

......................J.

 ( SHIVA KIRTI SINGH )

NEW DELHI;

DECEMBER 13, 2013

  

ஏழாவது ஊதியக் குழுவிற்கான ஆய்வெல்லை வரையறையில் விட்டுக் கொடுப்பதற்கும், சமரசத்திற்கும் தொழிற்சங்கம் தயாரில்லை! கோரிக்கைகள் சேர்க்கப்படாவிட்டால் வேலைநிறுத்தம்!

7^th CPC – NO COMPROMISE ON TERMS OF REFERENCE

GET READY FOR STRIKE IF GOVERNMENT REJECTS DA MERGER,

GDS INCLUSION & INTERIM RELIEF

Eventhough Government has announced constitution of 7^th Central Pay Commission, the appointment is yet to take place. In the meanwhile one round of discussion was held with Secretary, DOP&T on terms of reference. Subsequently, the staff side, JCM National Council has submitted a unanimous proposal on the items to be included in the terms of reference of the 7^th CPC, which includes (i) date of effect as 01.01.2014 (2) merger of DA with pay (3) grant of interim relief (4) inclusion of GDS under the ambit of 7^th CPC (5) statutory pension for those entered into service on or after 01.01.2004 (6) settlement of anomalies of 6^th CPC (7) cashless/hassle-free medicare facilities etc.

Government while announcing the 7^th CPC has made it clear that the date of effect will be 01.01.2016. Further nothing has been mentioned about DA merger and interim relief. Regarding GDS the declared stand of the Government is that GDS are not civil servants and in the past also every time when CPC is appointed, the Government refused to include them in the Pay commission. Last time also inspite of the strong protest and agitational programmes conducted by NFPE and Postal JCA, the Government has appointed a bureaucratic committee. Regarding statutory pension to those who entered into service on or after 01.01.2004, the Government’s stand is well known and it may refuse to include this item also in the terms of reference.

This being the position, our past experience shows that unless and until the demands raised in the staff side proposal submitted to Government on terms of reference of the CPC is backed by serious agitational programmes, rallying the entire Central Government Employees and create compulsion on the Government to accept our justified stand, there is every possibility of Government rejecting the above proposal.

Further all of us are aware that the political situation in the country is gradually getting in election mode. This is bringing forth before the working class movement a crucial task of front-loading our class issues in the ensuring political battle. We have to keep in mind that the corporate class and corporate controlled media has started making effort for relegating the working class issues and the economic policy related issues in particular to the background. It is our duty to bring the demands of the working class to the fore-front and conduct intensive campaign against those policies and also against those who are supporting the neo-liberal globalization policies. Confederation of Central Government Employees & Workers and NFPE being the part and parcel of the mainstream of the working class of our country has got an added responsibility to rally the entire Central Government Employees in the struggle against the anti-people and anti-worker policies of the Government which shall ultimately lead to a change in the political equation ensuring implementation of pro-people, pro-worker alternative policy.

It is in this back the National Secretariat of the Confederation of Central Government Employees & Workers met at new Delhi on 28.11.2013 has decided to go for strike if the Government refuse to accept the staff side proposal on terms of reference. Confederation further decided to organize series of phased programme of action and campaign from now onwards so that the employees will be ready to go for strike on short notice.

NFPE call upon all the Postal, RMS and GDS employees to implement the call of the Confederation at all levels and be prepared to go for strike at any time, if situation warrants. We further make it clear that NFPE and Confederation will not go for any compromise on the demands raised in the proposal submitted by the JCM Staff side on terms of reference of 7^th CPC.

FLASH NEWS

GDS CIVIL SERVANT STATUS

IMPLEMENT 1977 SUPREME COURT JUDGMENT

NFPE & AIPEU GDS (NFPE) FILED 

WRIT PETITION IN THE 

HON’BLE SUPREME COURT OF INDIA

NFPE & AIPEU-GDS (NFPE) has filed a Writ Petition (Civil) No. 1003 of 2013 in the Hon’ble Supreme Court. The Writ Petition is likely to be listed for “ADMISSION HEARING” before the Hon’ble Supreme Court of India on 13.12.2013 or any day thereafter. Our main submission before the Hon’ble Supreme Court is implementation of the 1977 Judgment and grant of Civil Servant status and all other benefits of Departmental Employees to Gramin Dak Sewaks as per the 1977 judgment. Let us hope that the Writ Petition will be admitted.