CGA ORDER -March 16 2017 one day STRIKE

No.A-12017/1/2010/MF.CGA(A)/NGE/Assoc-Agi/1224
Government of India
Ministry of Finance
Department of Expenditure
Controller General of Accounts

Mahalekha Niyantrak Bhawan
E Block, GPO complex, INA
New Delhi-110023

Dated: 13th February, 2017

Subject: One Day Strike on 16th March, 2017.

Reference is invited to this office 0M of even no.502 dated 18th January, 2017. All India Civil Accounts Employees Association has intimated that the proposed One Day Strike on 15th February, 2017 has been to 16th March, 2017.

2. Attention is invited to the provisions of Government of India (Ministry of Home Affairs) 0M No.25/23/66-Estt(A) dated 09.12.1966 (reproduced as G.l. decision No.2 below Rule 7 of CCS (Conduct) Rules, which inter-alia provides that under Rule 7 (ii) of rules ibid, a Government servant shall NOT resort to or in any way abet any form of strike in connection with any matter to his service or the service of any other Government employees. If any Government servant resorts to any action in violation of Rule 7 (ii) of CCS (Conduct) Rules, disciplinary action would have to be taken against him.

3. Attention is also invited to proviso to FR 17(I) according to which any employee(s) who is absent from duty without permission shall not be entitled to any pay and allowances during the period of absence. Further, unauthorized absence shall be deemed to cause an interruption or break in service Of the employee under FR 17(A).

4. In this regard, the following decisions of the Supreme Court may also be brought to the of the employees under your Ministry/Department. The Supreme Courthas held in the Case Of T.K.Rangarajan Vs. Govt. of Tamil Nadu that no right exists with the Govt. employees to strike, whether fundamental, statutory or an equitable right. In All India Bank Employees Association Vs. National Industrial Tribunal & Ors„ (1962 (3) SCR 269) the Constition Bench of the Suprerne Court specifically held that even very liberal interpretation of sub-clause (C) of Clause (1) of Article 19 of the Constitution cannot lead to the conclusion that the trade unions have a guaranteed right to strike, either as part of collective bargaing or otherwise. There is no statutory provision empowering the employees to go on strike. The Supreme Court also agreed that going on strike is a grave misconduct under the Conduct Rules and that misconduct by Government Employees is required to be dealt with in accordance with law. Hence, once it is proved that an employee has committed the of going on a strike in any form, the Supreme Court has held in Bank of India vs. TS Kelawala [1990 (4) SLR 249] that he will have to face the consequences which may include deduction of wages and even dismissal from service.

5. In this context, it is clarified that strike means refusal of work or stoppage or slowing down of work by a group of employees acting in combination and includes:-

vii) mass abstention from work without permission which is wrongly described mass Casual Leave.

viii) refusal to work on overtime where such overtime work is necessary in public interest.

ix) resort to practice or conduct which is likely to result in or results in the cessation or substantial retardation of work in any organization. Such practice include what are ‘go-slow’, ‘sit-down’, “pen-down’, ‘stay-in’. ‘token’, ‘sympathetic’ or any other similar strike as also absence from work for participation in a ‘Bandh’ or similar movements.

6. Accordingly, Casual Leave or any other kind of leave, if applied for, should not be sanctioned to the officers and employees during the period of proposed One Day Strike on 16th March, 2017 and it should be ensured that the striking activities are not allowed inside and around the office premises. It may also be ensured that the employees, who intend to attend their office work despite the call for the strike, are not prevented from attending the office by the striking employees. Suitable contingency plan may be worked out for carrying out the various functions in field offices and Principal Accounts Offices.

7. The above instructions may be brought to the notice of staff working under your control. All the Pr. CCAs/CCAs/CAs are requested to deal with the cases in respect of employees, Who resort to action as above, in the light of above referred instructions.

8. This issues with the approval of the competent authority.

sd/-
(Sandeep Malhotra)
Sr. Accounts Officer

Click to view the order

Authority: www.cga.nic.in

FEBRUARY 15th ONE DAY STRIKE-2017 : Against Central government employees & Workers

2017 FEBRUARY 15th ONE DAY STRIKE

CAMPAIGN PROGRAMME OF NATIONAL SECRETARIAT MEMBERS OF CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS

Sl.	State	Place	Date	Leaders attending
1.	Andhra Pradesh	Vijayawada	11-01-2017	P.Suresh K.V.Jayaraj A.Balasundaram R.B. Suresh Nageswar Rao T.Narasimhan Mani Achari Usha Boneppalli P.Panduranga Rao.
2.	Assam	Guwahati	16-01-2017	Ashokkumar Kanojia Tapas Bose Subir Kr.Majumdar Janardhan Majumdar
3.	Bihar	Patna	10-02-2017	Giriraj Singh Shantanu Bhattacharya Janardhan Majumdar
4.	Chattisgarh	Raipur	17-01-2017	Rupak Sarkar P.Suresh
5.	Delhi	All Important Centres in Delhi	-	President, Secretary General and all other available National Secretariat Members in Delhi.
6.	Gujarat	Ahmedabad	18-01-2017	R.N.Parashar Ashok Kumar Kanojia.
7.	Haryana	Ambala, Faridabad	20-01-2017 21.01.2017	K.K.N.Kutty K.P.Singh Giriraj Singh
8.	Himachal Pradesh	Shimla	12-01-2017	Virendra Tiwari S.B.Yadav Vrigu Bhattacharjee
9.	Jammu & Kashmir	-	-	-
10.	Jharkhand	Ranchi	11-01-2017	Shantanu Bhattacharyya Janardhan Majumdar Umashankar Chakravarthy.
11.	Karnataka	Bangalore	03-01-2017 27-01-2017	M.S.Raja Vrigu Bhattacharjee M.Krishnan P.S.Prasad R.Seethalakshmi
12.	Kerala	Trivandrum	-	M.Krishnan Gopalakrishnan Nair
13.	Maharashtra	Mumbai Nagpur	12-01-2017 to 14-01-2017	R .N. Parashar Vrigu Bhattacharjee Ravi Nair R.P. Singh K. V. Jayaraj Nilesh D. Nasare
14.	Madhya Pradesh	Bhopal Gwalior Jabalpur	07-02-2017 to 10-02-2017	M.S.Raja R.N.Parashar Rupak Sarkar T.K.R.Pillai Gurprit Singh Yaswanth Purohit.
15.	North East	Shillong	03-02-2017	R.Seethalekshmi Arup Chatterjee.
16.	Odisha	Bhubaneswar	08-02-2017	M.S.Raja M.Krishnan
17.	Punjab	Chandigarh	10-01-2017	Rupak Sarkar Virendra Tiwari
18.	Rajasthan	Jaipur	06-01-2017 24-01-2017	M.S. Raja R.N.Parashar K.K.N.Kutty.
19.	Tamil Nadu	Chennai	25-01-2017	M.Krishnan P. Suresh Vrigu Bhattacharjee S.Santhosh Kumar Panduraga Rao. Pl Mani Achari
20.	Uttar Pradesh	Lucknow Kanpur Allahabad	10-02-2017 12-01-2017 03-02-2017	R.N.Parashar J.P. Singh Virendra Tiwari S.B.Yadav Subhash Misra Subhash Chandra Pandey Vikram Shah Rupak Sarkar K.K.N.Kutty
21.	Uttarakhand	Dehradun	18-01-2017	K.K.N.Kutty R.Seethalekshmi Virendra Tiwari S.B.Yadav.
22.	West Bengal	Kolkata Gangtok	-	R.N.Parashar Giriraj Singh Pijush Roy Arup Chatterjee Tapas Bose Bibhas Dey.
23.	Telangana	Hyderabad	24-01-2017	P.Suresh K.V.Jayaraj Balasundaram R.B.Suresh Nageswar Rao T.Narasimhan Mani Achari Usha Boneppalli

To

     

      1.       All National Secretariat Members.

      2.       All Affiliated Organisations

      3.       General Secretaries of all C-O-Cs.

Dear comrades,

1.   Please see the above campaign programme.  All C-O-Cs are requested to take necessary action to arrange the meetings with maximum participation of employees.  All Affiliated organisations should give instructions to their local units to ensure maximum participation of their members in the meeting.  If the date mentioned is not convenient C-O-Cs can change the date in consultation with the National Secretariat Members allotted to their place.  Phone numbers of all National Secretariat members are published below. Leaders allotted to each place should also contact each other.

2.  In addition to the above, separate campaign programme should be conducted by each affiliated organisations without fail.  C-O-Cs should also conduct intensive campaign covering all the important centres in their states.  This is most important.

3.   Serve Strike Notice on 28^th December, 2016:

All affiliated organisations are once again requested to serve the strike notice on 28^th December-2016 to their Head of the Departments.  Copy of the strike notice should be served to all lower authorities after conducting mass demonstrations.

4.  If any organisation could not serve strike notice to their Head of the Departments on 28^th December, 2016, it should be served on any date before 15^th January 2017.

Twelve important points -central trade unions submitted to government

2016 September 2nd General Strike 12 Point Charter of Demands of Joint Platform of Central Trade Unions submitted to government:

PART A
1. Urgent measures for containing price rise through universalization of public distribution system and banning speculative trade in commodity market.

2. Containing unemployment through concrete measures for employment generation.

3. Strict enforcement of all basic labour laws without any exception or exemption and stringent punitive measures for violation of labour laws.

4. Universal social security cover for all workers.

5. Minimum wage of not less than 18000/- per month with provisions of indexation (for unskilled worker).

6. Assured enhanced pension not less than 3000 p.m for the entire working population (including unorganized sector workers).

7. Stoppage of disinvestment in Central/state public sector undertakings.

8. Stoppage of contractorisation in permanent/perennial work and payment of same wage and benefits for contract workers as that of regular workers for the same and similar work.

9. Removal of all ceilings on payment and eligibility of bonus, provident fund and increase in quantum of gratuity.

10.Compulsory registration of trade unions within a period of 45 days from the date of submitting application and immediate ratification of ILO conventions C-87 and C-98.

11.No FDI in Railways, Defence and other strategic sectors.

12.No unilateral amendment to labour laws.

PART B

Demand of the Central Govt. Employees

1. Avoid delay in implementing the assurances given by Group of Ministers to NJCA on 30th June 2016, especially increase in minimum pay a fitment formula. Implement the assurance in a time bound manner.

2. Settle issues raised by the NJCA, regarding modifications of the 7th CPC recommendations, submitted to Cabinet Secretary on 10th December 2015.

3. Scrap PFRDA Act and New Pension System (NPS) and grant Pension/Family Pension to all Central Government employees under CCS (Pension) Rules 1972.

4. No privatization, outsourcing, contractorisation of Government functions.

5. (i) Treat Gramin Dak Sevaks as Civil Servants and extend all benefits on pay, pension and allowances of departmental employees.

(ii) Regularise casual, contract, contingent and daily rated workers and grant equal pay and other benefits.

6. Fill up all vacant posts by special recruitment. Lift ban on creation of new posts.

7. Remove ceiling on compassionate appointments.

8. Extend benefit of Bonus Act amendment 2015 on enhancement of payment ceiling to the Adhoc bonus/PLB of Central Govt. employees with effect from the financial years 2014-15. Ensure payment of revised bonus before Pooja holidays.

9. Revive JCM functioning at all levels.

Source-http://confederationhq.blogspot.in/

Important Circular from Confederation for NJCA Strike Notice

Important Circular from Confederation for NJCA Strike Notice

IMPORTANT CIRCULAR

Dated – 08.03.2016

1. NJCA INDEFINITE STRIKE DATE AND STRIKE NOTICE SERVING DATE POSTPONED TO 11TH JULY 2016 & 09TH JUNE 2016

NJCA meeting held at JCM (NC) staffside office on 07th March 2016, after detailed deliberations has decided to postpone the indefinite strike date of 11th April 2016 and strike notice serving date of 11th March 2016 to 11th July 2016 and 09th June 2016 respectively. The following are the reasons which necessitated the change in dates.

a) While summing up the discussion on Charter of demands held on 1st March 2016 by Empowered Committee of Secretaries (ECoS) with JCM National Council Standing Committee members, Cabinet Secretary has stated that reasonable time should be given to the Government for a fair consideration of all the demands raised in the Charter of demands, since the issues concern inter-departmental consultations.

b) After declaration of the Election schedule in five State Assemblies, the Election Code of Conduct has come into effect. Further there will be polling on 11th April 2016 (strike commencement date) in West Bengal and Assam.

c) As per Section 22 of Industrial Disputes Act 1947 with regard to the validity of strike notice is not more than six weeks from the date of serving the strike notice. Even if we give strike notice on 11th March 2016, for commencement of indefinite strike after the election dates (ie 20th May 2016), the six weeks period will be over by that time and we have to serve fresh strike notice again.

Considering all the above aspects, the meeting took the following decisions:-

1.The indefinite strike shall commence from 6am on 11th July 2016.
2.Strike notice would be served on 09th June 2016.
3.Massive demonstration shall be held in all workplace on 11th March 2016 in support of the charter of demands and strike decision.
4.The decision of the NJCA would be communicated to the Cabinet Secretary.
5.Detailed mobilization programmes would be given later on.

Copy of the NJCA Circular dated 07th March 2016 and letter addressed to Cabinet Secretary dated 07-03-2016 are enclosed herewith.

In view of the above decisions, the state C-O-C level joint meeting of office bearers / committee members of C-O-Cs and affiliated organizations of Confederation scheduled earlier will be rescheduled after NJCA mobilisation programme is finalised. Department-wise campaign and mobilisation on charter of demands (Common demands plus Department specific demands) shall continue.

2. CENTRAL TRADE UNIONS DECIDES TO HOLD NATIONAL CONVENTION OF WORKERS IN NEW DELHI ON 30TH MARCH 2016

The Central Trade Unions in their meeting held on 27th January 2016, besides deciding to stage All India Protest Day on 10th March 2016, also decided to hold National Convention of Workers towards the end of March in New Delhi to discuss and decide on next courseof action programme against the anti-people and anti-labour policies by the Govt. The convention will now be held on 30th March 2016 at Mavalankar Hall, New Delhi. The convention will commence at 10.30 am on 30th March 2016.

All C-O-Cs and affiliated organisations of Confederation are requested to make the 10th March 2016 All India Protest Day a grand success jointly with other Central Trade Unions. Regarding National Convention on 30th Marfch 2016 the C-O-Cs in and around Delhi are requested to ensure maximum participation of Central Govt Employees in the Convention. National Secretariat members of Confederation, who are available in Delhi shall also attend the Convention.

Copy of the joint statement issued by Central Trade Unions is enclosed herewith.

3. WFTU- TRADE UNION INTERNATIONAL – PUBLIC AND ALLIED SERVICES – WORLD DAY OF STRUGGLE AGAINST PRIVATISATION ON 4TH APRIL 2016

The Trade Union International Public and Allied Services – World Federation of Trade Unions (WFTU) has given a call to observe 4th April 2016 as “World Day of Struggle against Privatisation”, focusing mainly on the following issues:-

1.To demand modern, efficient, quality, universal and free public services, to answer the real needs of the workers and people, against their outsourcing or privatization, refusing its use for the accumulation of profits by the oligarchy.

2.To demand the repeal of all rules affecting the rights of Public Administration workers in the countries where they are imposed.

3.To demand improvements in the working and living conditions of the Public Administration workers, namely better wages and work times compatible with their personal and family life.

4. The end precariousness of employment contracts and have guarantees of stability in public employment to ensure the independence from Capitalist Governments, either in the central, regional and local administrations and in the State – owned business sectors

5. To exercise the right of Trade Union freedom (association, meetings, demonstration, participation etc) in all workplaces and the right to negotiation and collective bargaining.

6. To implement social policies that answers the interest of the people and workers for a fairer distribution of wealth, with the rejection of charitable social policies.

7. For the rejection of all neo-liberal policies and austerity that in various parts of the world seek to destroy the labour and social rights of workers and people.

8. To struggle for peace and internationalist solidarity against war, militarism, aggression, interference and blockades that undermine the interests of the wokers and people – in defence of national sovereignty, for the people to freely decide their destiny.

Confederation National Secretariat call upon all C-O-Cs and Affiliated organizations to observe 4th April 2016 as “World Day of Struggle against Privatisation” along with All India State Government Employees Federation (AISGEF) and Bank / Insurance Associations and Federations.

Fraternally yours

M. Krishnan
Secretary General
Confederation of Central Govt
Employees & Workers

Source : Confederation