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Compilation off instructions on trade union facilities admissible to unions/association, received from Department of Posts from time to time for the information of members of union.
DG Post No. 10-1/2004-SR Dated 25 Jun 2004
Sub: Compilation of instructions on trade union
facilities admissible to unions/associations recognized by the department of
Posts under CCS(RSA), Rules, 1993.
I am directed to invite your kind attention to the Department’s
letter No. 10-9(A)/98-SR dated the 5th November, 99 vide which a
Compilation of instructions relating to
union matters was forwarded.
2. Some of the important instructions like
treatment of the period of strike and bandh etc. Were not included in the said
compilation and it was felt that inclusion of such like information in the compilation
would make it more useful and convenient for the users. Besides, in the wake of
CS (RSA) Rules, 1993, some developments took place in regard to recognition of Federations
and in the matter of switching over of members from one union to another and it
was considered essential to bring these instructions also in the compilation.
Efforts have been made to correlate the instructions having a bearing on the same
subject, which were earlier scattered.
3. It is hoped that this compilation would
serve as a useful hand-book for dealing with Unions matters at different
levels. Any error / omission noted in the compilation may please be brought to
the notice of the undersigned for taking remedial course of action.
Sd/-
(Subhash Chander)
Director(SR)
COMPILATION
OFF INSTRUCTIONS ON MATTERS CONCERNING SERVICE SSOCIATIONS, DEPRTMENT OFF POSTS
I. RECOGNITION
1. Recognition to Service Associations
representing Departmental Employees in the Department of posts is granted under
the CCS (RSA) Rules, 1993.
2. The verification process for the
purpose of recognition is conducted through a check-off system which is
carried out in the Department once every two years in terms of Department of
personnel & Training (DOP&T) OM No. 2-10/80-JCA dated 31st
January, 1994. Consequently recognition granted to all eligible associations is
also valid for 2 years, after which
re-verification process determines their future status. All Service Associations
recognized or otherwise, have to apply afresh for participation after every 2
years, for the purpose of seeking recognition. Each Service Association in the
Department has to operate under one of the 15 distinct categories of Departmental
Employees enlisted at Annexure – I and as specified by the Department vide
letter No. 13-1/93-SR dated 10.8.94, OM No. 13-1/93-SR (Volume II) dated
29.11.95, No. 13-14/96-SR dated 15.10.96, No. 13-22/98-SR dated 19.02.99, No.
13-30/98-SR dated 28.06.99.
Note: As per instructions issued vide DOP&T’s
OM No. 2/13/98-JCA dated 11th February, 2002, the periodicity of
re-verification process for the purpose of Recognition has been increased from 2
to 5 years. Since the matter of verification process in the Department of Posts
is subjudice, the above instructions have not yet been brought into effect.
3. As a general rule, the Service
Associations are granted Recognition on All India Basis i.e. All India bodies
are recognized. The All India Associations so recognized may form branches at
Circle, Divisional and local levels subject to grant off permission by this
Department and as provided in their constitutions, which have to be duly
approved by the Government. The branches so formed are entitled to get union
facilities s per instructions on the subject from time to time. No separate
orders extending union facilities are required to be issued from this
Department for each newly opened branch at lower level.
4. The union facilities herein mentioned
are admissible to the recognized Service Associations only, unless specifically
relaxed in favour of the non-recognized Service Associations.
5. The terms and conditions under which
the Service Associations re recognized are enumerated at Annexure-II.
6. A uptodate list of the recognized
Service Associations is appended at Annexure-III. Another list of Associations,
affiliated to Bhartiya Postal Employees Federation, though unrecognized but are
being extended limited trade union facilities is at Annexure-IV.
II. CHANNEL OF COMMUNICATION
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No. 13-2/68-SR
dated 16.3.68
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1. While Government
Servants are free to join any Association, subject to the conditions laid
down in the CS (Conduct) Rules – 1964, the Government does not enter into
correspondence with any Association unless it has been granted Recognition by
the Government for such purpose. Therefore, as a rule no correspondence
should be entered into with any unrecognized Service Associations nor copies
of their letters etc. be forwarded to any subordinate union for action.
Note: With the
promulgation off CS (RSA), Rules, 1993, the membership is restricted to a
particular category to which the employee belongs, as identified by the
Department (Annexure I)
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No.
STB/100-19/52-STA dated 28.10.52
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2. The All India Service Associations have
their branches at Circle, Divisional and local levels. The Central
Association and their branches should correspond directly only with the
authorities in charge of the unit they represent i.e. local level Service Associations should
correspond directly only with local authority, and Divisional Association
with Divisional authority, the Circle-level Service Association with the head
of the Circle and the Central unit of the Service Associations with the
Secretary (Posts) or the Government through the Secretary (Posts).
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No. 31-3/81-SR dated
17.8.81 & No. 10-3/84-SR dated 15.6.84
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3. Representations from the Service
Associations are limited to the matters concerning the unit they represent
i.e. a Divisional Service Associations is to take up the matters concerning
the Divisions as a whole, the Circle Service Associations to take up matters
concerning the circle as a whole and the Central Associations to pursue
matters of all India interest. If a local unit of Service Associations is not
satisfied with the decision or reply given by its accredited authority, the
next higher level of the Service Associations may take up such matters with
its accredited authority and while doing so, the Association should clearly
state that the matter was taken up initially with the lower authorities
concerned by without any satisfaction. If the Central level of he Association
intends to take up the matter concerning a particular circle, it may submit a
representation to the Secretary (Posts), but should clearly indicate in the
representation the fact that the circle level of the Association had taken up
the matter with the head of the Circle, specifying the reference of the same
and the reply thereto received from him. NO complaint/correspondence will be
entertained by the Administration if these are not addressed to the
accredited authority.
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No. 16-2/65-SR dated
3.8.66
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4. No action is to be taken on direct
references from local Service Associations except when specifically ordered
by minister / Minister of State / Secretary (P) / Members of the postal
Services Board. On behalf of Service Associations their General Secretaries
or President should address the Administration. The Assistant General
Secretaries or The Deputy General Secretaries whenever specifically
authorized by their General Secretaries may also address communication to the Administration but the
reference made by them should contain a clear communication that the same are
being made under the authority of General Secretary concerned.
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No. 31-3/66-SR
dated 24.11.66
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5. The Administration will address replies to
communications from the Service Associations to the General Secretaries and
to the Headquarters address of the local Associations concerned with the only
exception of DO letters from the President. Replies to such DO letters may be
sent to the Presidents but this will also be invariably addressed to the
Headquarters address of the Service Associations unless the sender of the
reply is of the opinion that there re special reasons or circumstances for
sending a reply direct to the address of the presidents.
6. The Service Associations hall not espouse
or support the cause of individual Government Servants relating to service
matters . When such references are received, the Service Associations may be
informed that they are precluded from taking up individual cases with the
administration and s such, their references
are being filed.
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No. 16-6/65-SR
dated 31.3.65
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7. Creation and abolition of posts is purely
an administration matter and it is not a subject which the Service
Associations can discuss with the Administration. It is for the Department to
decide whether particular post is justified or not and it is not the function
of the Associations to determine the justification or otherwise of the post.
Views of the Service Associations may, however, be considered when will be
entertained with the Service Associations regarding creation of individual
posts. The questions of fixation of standards for creation of posts is a difference
issue and does not fall in the above category.
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No. iR No.
1591-SR/79-SR dated 12.7.79
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8. Wherever standards of creation of posts
have to be examined, Service Associations can take these up for
implementation even if these justify only a solitary post in regard to any
particular office. However, no correspondence from Service Associations on
the merit of creation/abolition/conversion of individual posts, standards for
which have not been determined will be entertained, though their views may be
taken into account when the matter is considered in normal course.
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No. 31-2/83-SR
dated 5.6.84 & No. 31-2/85-SR dated 29.10.86
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9. The Service Associations are not authorized
to form regional branches for meetings (formal or informal) with regional
head. The circle units of the Service Associations representing the Postal Accounts
Employees are permitted to form branches (local units in the offices of
Director of Accounts (Postal).
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III. OFFICE BEARERS
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No. 15-4/90-SR
dated 5.1.93
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1. Government Employees who are in service
shall be members and, therefore, office bearers of the Service Associations.
The executives of the Service Associations are to be elected from among its
members only.
2. Membership of he Service Associations has
been restricted to a distinct category of Government Servants having common
interest, all such Government Servants being eligible for membership to the
Association.
3. prescribed facilities should not be
extended to branches of Service Associations at circle or levels blow if any
of the office bearers of such Associations are not serving employees
belonging to that distinct category
which the Service Associations is representing.
4. The number of office bearers at Circle/
Divisional level of each Association should not exceed 15 and it does not
include the members of the Executive Committee.
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IV. MEMBERSHIP
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1. membership of he Service Associations is
restricted to a distinct category of Government Servants having common
service interest, all such Government Servants being eligible for membership
of the Service Associations and no person who is not a Government Servant
belonging to that distinct category which the Service Associations is
representing, is permitted to be connected with the affairs of the Service
Associations. The membership of Government Servant shall be automatically
discontinued on his ceasing to belong to such a category. For membership of
canteen Employees, refer to Annexure V.
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No. 32-3/78-SR
dated 11.10.79
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2. It is for the Government Servant to decide
which Association to join and no directive be issued by the Administration in
this regard. (to be red in conjunction with the provisions contained in
Communication No. 15-4/90-SR dated 5.1.93 referred to above.
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No. 32-1/64-SR
dated 11.8.64
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3. The right of the union to represent casual
labour has not been conceded but if any grievances of casual labour covered
by the recommendations of he Pay Commission be examined. However, no reply in
respect of such grievances would be sent to the representing Associations.
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No. 14-6/67-SR
dated 5.1.67 & 21.7.67
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4. The trainees, who have been recruited
directly and re yet to be absorbed in the Department, will not
join/form/organize any Service Association. The Departmental trainees may
continue their membership of Service associations at places from where they
have been deputed for training. Such Departmental trainees as may be office
bearers of any branch of unions may continue to function as office
bearers of any branch of unions my
continue to function as office bearers of their branches but they will not be
granted any special casual leave for attending to Association’s affairs. Here
is, however, no objection to the grant of normal casual leave for such
purpose if applied for. The regular staff of he training centers are at
liberty to join Service Associations exactly in the same manner as the staff
in the divisions and the circles. The grievances of trainees arising out of
heir being trainees at a particular training center can be effectively looked
into with the help of the channel of representation and redressed of
grievances by way of system of class monitors.
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V FOREIGN SERVICE
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No. SPB-150/1/50
dated 31.10.50
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1. The permanent postal employees my be
permitted to accept employment as full time paid office bearers of recognized
All India Service Associations and that they should be treated as on
deputation on foreign service germ, during the period they serve the
Association. The usual contribution towards leave, pension, etc, should be
paid promptly and regularly to the Department of Posts by the Service
Associations concerned. No Government official should remain a whole time
office bearer of a Service Associations on foreign service term for a period
exceeding three years t a time.
2. The Head of a Circle is competent as per FRSR to sanction the deputation subject to the
conditions regarding fixation of pay as laid down there in. In issuing the
sanction the principle outlined in the Government order reproduced in
Annexure II of FRSR Vol. II should be followed. Contribution taken on account
of cost of leave salary and pension of the official have to be borne by the Service
Associations concerned if any. The amount of joining time admissible to the
officials and their pay during joining time will have to be fixed in
consultation with the foreign employer vide FR 114. Substitutes may be
appointed temporarily in the vacancies created by the deputation of
officials. The Service Associations should accept the full liability for pay
and allowances of the official concerned and also agree to the regular
payment of leave, salary and pension contributions s may be fixed and claimed
by the audit authority concerned and disability leave and leave salary
granted on account of disability incurred and through foreign service even
though the disability manifests itself after the termination of foreign
service, any compensatory allowance for period of leave in or at the end of
the foreign service granted to the office and payment of T.A. journeys on
transfer to the unions Headquarters and on reversion thereof to the
official’s Headquarters.
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No. SPN-86-6/57
dated 2.11.57 & 15.2.58
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3. Permanent postal employees may be permitted
to accept employment as full time paid office bearers of circle branches of
recognized All India Service Associations also.
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No. 54-7/69-SPB-II
dated 30.12.69 & No. 86-6/75-SPB-II dated 6.8.76
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4. The head of Circles and administrative
offices would take prior approval of the Secretary (P) in extending the
period of transfer on foreign service of non-gazetted employees under their
control to the Service associations
beyond the period of three years. The period between two spells of deputation
of foreign service with Service Associations as office bearers should be at
least three years, which can be relaxed only in consultation with Secretary
(P).
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No. 86-4/75-SPB-II
dated 22.11.75
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5. Pension contribution to be made by
recognized Service Associations in respect of serving Government employees on
foreign service with them may be waived. It may be noted, however, that the
concession is limited to not more than two serving employees at a time. As
regards leave salary contributions, there is no objection to waive it if the
Service Associations agrees to bear the eve salary and if the employees
concerned agree to forego their claim for a foreign service period.
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(VI)
MEMBERSHIP SUBSCRIPTION OF ALL
ASSOCIATIONS RECOGNIZED OR OTHERWISE
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No. 13-14/96-SR
(Vol. III) dated 5.1.98
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It shall be made on
a monthly basis by the DDO.
Postal employees
will be given the chance to change their options for membership once every
April.
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No. 13-10/96-SR
dated 14.10.96
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On transfer of an
employee to another office involving the change off DDO, the DDO in the first
office will forward the authorization of he official to the new DDO along
with last pay certificate after making suitable entry in the register. The
new DDO will on receipt of the authorization enter it in his register and
make deductions from the salary of the official.
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No. 10-44/95-SR
dated 17.6.96
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The total amount
recovered from members of different Service Associations may be remitted to
the central body of the Association for further distribution provided such a
provision is available in the constitution of the Association to avoid
compilations. Otherwise the total amount recovered shall be remitted to Divisional
Secretary of the concerned Service Association who in turn will remit this
amount to the circle/. All India, CHQ etc. as per the quota fixed in their
respective constitution.
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No.
13-1/2002-SR dated 24.03.2003
Some
points of doubt were referred to the DOP&T for their clarification. The
point of doubt referred to by the Department and clarification received from
DOP&T thereon are reproduced below.
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Sl No.
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Points of Doubt
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Clarification
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1.
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When an employee
gives a revised option for deduction off membership in the month off April,
as per the existing instructions the revised option will become applicable
only from 1st July of that yr. The doubt is as to what will be the
status of the employee during the months from April to June, i.e whether he
will continue to be member of the Association to which he was contributing prior
to submitting his revised option and whether during these three months he
will have to complete the membership fee to that association or whether with
the revision of option, he servers all his connections (including
contribution of membership fee) with the old association though his
relationship with the new association will take effect only from 1st
July.
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With the revision
of option in the month of April by an employee, deduction in favour of the
old association would stop immediately.
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2.
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In case of n
employee becoming member of an association for the first time, the
restrictions of April and July is not applicable and it can start from any
date. Further his membership fee will also be deducted from the month he
submits his option. This needs confirmation of the DOP&T
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This supposition is
not correct. An employee can exercise his option for the first time or revise
his option in the month of April only.
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3.
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As per Rule 5 (d)
(ii) of CS(RSA) Rules, 1993, membership of the Government Servant shall be
automatically discontinued on his ceasing to belong to such category. As
such, on promotion to the higher grade, an employee will cease to belong to
the earlier category and consequently he will be ineligible for membership of
the union to which be belonged prior to his promotion . His membership
subscription or that union will also stop immediately on promotion. This needs confirmation of the DOP&T.
Further, in that case, whether deduction of his membership subscription of the
union he joins after promotion will start instantly or from 1st July.
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The
supposition is confirmed. It is also
clarified that an employee can give his option for the purpose of
deduction of membership fees in favour
of a new association in the month off April only.
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4.
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In case a member is
expelled from one union after the month of April and he joins the other union
subsequently, whether his membership subscription will continue to be
deducted in favour of the union to which he was a member before expulsion
till the June of next year or his subscription will stop immediately on
expulsion and will start for the union he joins after expulsion.
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With the expulsion
from a union, the membership subscription of the employees would stop
immediately. He/She can exercise option in favour of another association with
effect from the month of April.
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VII IMMUNITY FROM TRANSFER
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No. 69-18/70-SPB-I
dated 7.12.70
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1. Concession f immunity from transfer from
the headquarters of recognized Service Association is applicable o their
office bearers during 1st year of their elections to the office of
Chief Executive or General Secretary, Asst. Secretary and Financial Secretary
or treasurer of Group ‘C’ and Group ‘D’ Associations whether they are all
India, Circle or Divisional units, if the constitution and bye-laws of the
central Service Associations permit opening of such branches.
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No. 71-14/82-SPB-I
dated 22.5.82 & No. 7120/83-SPB-I dated 16.9.85
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2. if
there are several office bearers with same designation, the concession
applies during the first year of the office to only one of each category i.e.
Chief Executive or General Secretary, Assistant Secretary, and Financial
Secretary for Treasurer) as may be nominated by the Service Associations. The
concession ceases to be applicable to the above office bearers on promotion
to higher posts as then their membership to the given Service Associations
also ceases.
3. With the mutual goodwill between the
Service Associations and the local office and subject to the Administrative
convenience, the office bearers elected to the above said offices of the
Service Associations may stay t the headquarters station even longer than one
year.
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No. 69-52/72-SPB-I dated 23.3.723 & dated
2.1.74
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4. If the office bearers working at other
stations are elected to these offices i.e. Chief Executive or General
Secretary, Assistant Secretary, Financial Secretary, or treasurer they may be
brought on temporary transfer to the headquarters of the Service Associations
during 1st year of election and may be retained there even longer
than one year but with the goodwill between the Service Association and the
local office and subject to the overall exigencies of Administrative
convenience. The above concessions will not be available below divisional
level. Bringing the Chief Executive of the Service Association to their headquarters
should be followed, if an appropriate post is available. Where it is not
possible to observe the general principles laid down in the instructions on
the concession of immunity on transfer, a report should be sent to the
Department indicting the circumstances under which it is not possible to
extend the facility even in the first year of the term of office with the
Service Associations.
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No. 69-45/73-SPB-I
dated 8.2.74 & No. 69-7/77-SPB-I dated 20.4.77
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5. in RMS, where the divisional, circle or
all India secretaries cannot be posted at Headquarters, there is no objection
to grant request for posting of divisional circle and All India secretaries
in RMS sections to enable them to come to their Headquarters. This too is
subject to Administrative convenience. Subject to Administrative exigencies,
this concession of immunity from transfer may be granted for second year
also to the office bearers of such Associations whose constitution provides
conferences/elections in second year.
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VIII. SPECIAL CASUAL LEAVE
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No. 54-1/71-SPB-II
dated 15.3.71
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1. Special Casual
Leave up to maximum f 20 days in a year may be granted for the following
purposes.
a) When the delegates to All India Conferences
and members of the executive committees are required to attend such
conferences and meetings.
b) When members from outstation are required
to attend periodical meetings with Heads of Circles.
c) When members from outstation wait on
deputation on the Minster/MOS and Secretary (P).
2. Special Casual Leave may be allowed to
members of Service Associations coming from outstations to attend their
monthly meeting with Departmental Officers at divisional level on the
following conditions:-
i) not more than two members are allowed
this concession during a year
ii) Special Casual Leave is allowed only for
a day/days of the meeting and the actual time taken in the journey.
iii) Maximum limit of Special Casual Leave
allowed does not exceed 12 days in a year.
iv) The concession under this item will not
bring an additional benefit to the staff who under para 1 above are allowed
the concession of Special Casual leave to the extent of 20 days in a year. If
any official is required to meet the divisional head, the Special Casual
Leave granted to him for the purpose will be counted against those 20 days
Special Casual leave in a year.
v) The total members may be given suitable
off for the duration of the meetings.
3. Public holidays and weekly offs to the
extent admissible to the category of the officials to which the office
bearers of the Service Associations belong falling within the period of
Special Casual Leave granted to them or immediately preceding or following
should not be counted as part of
Special Casual leave.
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No. 54-19-SPB dated
31.8.59 & no. 54-13/71-SPB-II dated 31.1.74
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4. Special Casual leave is no allowed to be
combined with regular leave/E,L. or half pay leave etc. An understanding reached
in the departmental council of JCM stipulates that as far as possible the
Divisional executive committee meetings of the Service Associations will be
held on holidays or outside office hours. As regards number of members
attending the committee meetings the same will be in accordance with the
constitution. Where there is reason to believe that more members are asking
for Special Casual leave then justified, the constitution and the records of
the Service Associations may be checked up to find out whether facilities
have been asked for more members than admissible under the rules.
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No. 54-1/83-SPB-II
dated 6.12.83
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5. The office bearers of recognized Service
Association may be granted Special Casual leave for attending trade union
seminars subject to the condition that maximum limit of Special Casual leave
does not exceed 20 days in a year.
6. Notices issued by the General Secretaries
of the Service Associations for All India Conferences working committee or
executive committee meeting of the Service Associations are not being
circulated by the Department. Instead the Circle Secretary concerned should furnish
an attested copy of the notice to the heads of circles and other
administrative offices requesting them to issue necessary instructions to the
concerned authorities for granting Special Casual leave to the eligible
officials, subject to the overall limits. The competent authority will then
sanction Special Casual leave to eligible officials provisionally on receipt
of applications from them. On completion of the conferences/meetings the
officials will be required to produce a certificated from the General
Secretary to the effect that they had actually attended the
conference/meeting for its full duration. Thereafter Special Casual leave
granted provisionally will be regularized.
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No. 16-38/82-SR
(Pt.) dated 28.8.87
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7. The other facilities such as deputation of
official observer to the conferences, permission to conduct conferences
within the departmental premises outside working hours, grant of Special
Casual leave to the delegates to the circle conferences, should continue to
the extended at the time of the elections of the Service Associations from
which facilities had been withdrawn for not conducting the prescribed
elections in time. These facilities would not, however, be available to the
office bearers of the concerned branch which failed to hold the elections in
time.
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IX. INTERVIEWS:
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No.16-19-SR dated
16.10.63
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1. There is no objection to the Service
Associations meeting the local officers informally but such meetings should
not be held regularly or treated as formal meetings.
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No. 16-3/63-SR
dated 7.12.63 & No. 10-29/58-Unions dated 4.11.58 & 23.2.59
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2. Regular formal meetings are not to be held
below the Divisional level. The Minister and also he Secretary (P) may, at
their discretion, received deputation of circle and branch associations
during their tours. These meetings will be treated as informal and minutes
will not be drawn up and supplied to the Association. Action will, however, be
taken to ensure that any important decision taken or assurance given by the
Minster or the Secretary (P) at such meetings is duly pursued and the
Association concerned will be informed of the results as soon as practicable.
3. The instructions at 2 above Mutatis
Mutandis apply to the meetings of the Heads of Circle during their tours with
local branches of the Service Associations. Accordingly, any interview,
granted by the heads of Circle during
their tours to the Divisional branches will be treated as informal and no
minutes shall be drawn up or supplied to the Service Associations.
4. At the above mentioned informal meetings ,
questions of local significance and not of All India or general importance
will be discussed. Matters of All India and general nature will have to be
taken up through the All India Service Associations as the case may be.
Issues that are peculiar to the various circles will be taken up only by the
circle Associations and not by the Divisional Associations.
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No. 23-24/59-SR dated
31.12.59, No. 23-99/77-SR dated 29.12.97, No. 33-7/77-SR dated 26.12.77, no.
31-3/79-SR dated 18.7.79, 27.9.84 & 3.12.79
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5.
When branch Associations seek interview during the course of tour of
minister or Secretary (P) they should confine the points for discussion to matters
of local significance. Matters of All India and general nature, should be
taken up only through the Central Associations.
6. At the All India level, meetings will be
held once in four months, at the circle level once in four months (except
with Administrative offices/ Associations where it will be held bi-monthly
with the heads of Circles), at the Regional level once in two months and at
the Divisional level monthly.
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No. 31-3/79-SR dated
3.12.79
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7. Director (Hqrs.) too shall grant formal
bi-monthly meetings to the concerned circle Branch Associations in respect of
the Postal/RMS units placed under their control.
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No. 16-9/61-SR
dated 22.3.63 & No. 13-1/69-SR dated 9.3.72, No. 31-3/79-SR dated
28.12.75, No. 18-11/69-SR dated 9.3.72
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8. The duration of the periodical meetings at
central level shall not exceed five hours. The duration of periodical
meetings at circle level shall not exceed three hours. The duration of
periodical meetings at Divisional level shall not exceed two hours.
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No. 3-10/69-SR
dated 23.2.70, No.16-9/61-SR dated 22.3.63
No. 31-3/79-SR
dated 28.12.79
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9. The number of items to be submitted by
each Service Association at Central and Circle level shall be three. The
number of items to be submitted by each Association t Regional level shall be
three.
There shall be no
limit as to the number of items that may be discussed at the Divisional level
at the same time. However, the time limit of 2 hours shall be followed
strictly.
|
|
31-3/79-SR dated
26.10.83
|
10. Any office bearer of the Circle branch off
Administrative offices Employees Association who is located at the H.Q.
Station of the Regional Director of postal Services and authorized by the
Circle Secretary may be allowed to informally met the Regional Director bimonthly
in addition to formal bimonthly meetings at the level of heads of Circle.
|
|
No. 3-18/72-SR
dated 14.8.72
|
11. items for discussion in the agenda of the
periodical meetings (at central level) should be submitted by the Association
within two months of the date of the last meeting. The explanatory note
should be sent in quadruplicate.
|
|
No. 3-17/72-SR
dated 11.8.72
|
12. Associations should send items for
discussion in the next bimonthly meetings within period of one month from the
date of the last meeting. The explanatory notes of items should be sent in
sufficient detail. The explanatory note should be furnished in quadruplicate.
|
|
No. 16-9/61-SR
dated 22.3.63 & No. 341-3/79-SR dated 28.12.79 & No. 31-1/74-SR dated
23.7.75
|
13. The number of representatives who will
attend the meeting at the central level is restricted to one per Association.
The number of representatives at Circle level is restricted to two per
Association. The number of representatives at Regional level is restricted to
two per Association. The number of representatives at the Divisional level is
restricted to three per Association.
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|
No. 31-2/85-SR
dated 29.10.86
|
14. in an exceptional case if there is no
office bearer on the Circle Association at the headquarter of the RDPS or the
office bearer located at the Regional headquarters is unable to should the
responsibility of maintaining correspondence and holding meetings with the
RSPS, it shall be open to the Circle Secretary to authorize a Circle office
bearer, who is not locate at the headquarter of the RDPS, but is serving
within the jurisdiction of the RDPS, to correspond and hold meetings with the
RDPS concerned.
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|
No. 31-2/83-SR
dated 5.6.84
|
15. Formation of Regional branches by any
Association has not been given cognizance by the Department nor any amendment
to their constitution providing for formation of branches at Regional level
has been accepted by the Department. Therefore, the question of grant of any
meeting or any other facilities to such office bearers for the Regional
branches as they call them, does not arise. If any such office bearer also
happens to be a circle Association office bearer and happens to be eligible
for grant of bimonthly meetings and exchange of correspondence with the
Regional Directors as per letter no. 31-3-79-SR dated 16.3.1981 and no.
21-1/75-Sr dated 3.7.1981, he will naturally be entitled for the meetings and
exchange of correspondence as a Circle Association office bearer.
|
|
No. 81-2/81-SR
dated 5.6.81 & No. 33-4/67-SR dated 4.7.67 & No. 16-3/63-SR dated
6.7.63
|
16. Subordinate officers may also attend or
participate in the interviews granted by a higher officer by way of
assistance to the senior officer.
17. There is no objection to a non-office
bearers being included within the permissible number of representatives of
the Unions at periodical meetings provided the former is a Member of the
Association and an employee of the Department.
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|
No. 33-2/68-SR
dated 7.5.68
|
18. The facility of holding periodical
meetings at various levels has been afforded for resolving through
discussions the grievances, problems etc., connected with the service
interest of the member of the Associations and for offering suggestions for
effecting improvement in the efficiency
of service. Such meeting should not be used
forum for discussion of he acts of omission or commission of an
individual officer. Critical discussion against any individual whether he is
non-gazetted employee or gazetted employee is not permitted in formal
meetings. If the Associations have any complaint against any individual, it
can be brought to the notice of the administrative authorities through
correspondence or through informal discussions with the appropriate officers
for necessary action.
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|
No. 13-11/69-SR
dated 9.9.70
|
19. Separate interview may be granted to the
Unions affiliated to National Federation of Postal Employees and Federation
of national Postal Organizations. The Head of the Circle should not only
preside over Association meetings at circle level, but also participate fully
in discussions.
|
|
No. 33-10/71-SR
dated 23.7.71
|
20. Items from administrative side may also be
included in the agenda for discussion in formal meetings with Associations at
all levels.
|
|
No. 33-2/12-SR
dated 18.7.73
|
21. The Circle branches of the Association of
Gazetted officers may also seek interviews with the head of the Circle and in
cases of formal meetings, the minutes of the meetings may also be issued.
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|
No. 33-4/73-SR
dated 15.1.74
|
22. The Associations any meet officers/other
than Chairman, postal Services board and Minister. Such interviews unless
otherwise ordered by the Chairman are to be treated as purely informal and no
formal minutes therefore should be drawn up and circulated. For official
purposes and for follow up action, a note of the discussions is kept and a
copy of the note sent to SR Section. No officer below the rank off DDG should
grant any interview, if specifically authorized by the Chairman, any such
officer may meet the representatives of the Associations in his behalf and such meetings will be
treated as formal meetings and minutes will be drawn up and circulated.
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|
No. 38-2/75-SRT
dated 3.5.75
|
23. The minutes of the Services Associations
meetings at circle level will not be circulated to all Divisions but only the
relevant extracts will be furnished to the Divisions concerned.
|
|
No. 3-13/71-SR
(Pt.) dated 11.8.81
|
24. The matter discussed during a periodical
meeting will not be placed on the agenda of such meetings during the
following 12 months unless for any special reason, the Chairman direct
otherwise.
|
|
No. 3-3/81-SR(pt.) dated
11.8.81
|
25. The General Secretaries of the recognize
Associations seeking a special interview with Chairman postal Services Board
for discussion on any urgent special problems should seek an interview with
the concerned Member of postal Services Board. The interview would be granted
by the members of Postal Services board if an appointment for the same is got
fixed up in advance.
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|
No. 33-2/78-SR(Pt.)
dated 30.10.78
|
26. Whenever, the Federations/Associations etc
hold meetings with senior officers (Member/DDG) concerned on issues arising
out of the discussions in their meetings with the Chairman, Postal Services
board, the formal minutes of such meetings should be duly drawn up by the
concerned officers and issued to all concerned.
|
XI
Meetings
|
No. 16-2/61-SR
dated 31.8.61
|
1. The
Association may, on obtaining prior permission of the local head of office
and after knowing the agenda of the meeting, hold meeting in office premises.
The grant of permission will in all cases be subject to the conditions that
the security of the office premises is not interfered with, that the sanctity
of the office premises is maintained and that there is no disturbance to
office work. The recreation rooms, canteen open compounds etc., attached to
the departmental buildings are included in the terms in the office premises.
The office premises re not to be used as a platform for any political party
meetings. Requests for holding meeting from two or more recognized Associations
in the office premises shall be considered by the head of the office
concerned on their merits taking into consideration the space available, the
number of people likely to attend, matter to be discussed, possibility of
feelings to be roused among the participating Associations and need for
safeguarding the departmental property and installations.
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|
No. 33-8/84-SR
dated 22.8.83
|
2. in addition to the above, he grant of
permission will in all cases be subject to the following conditions:
i) Meetings should be attended only by those
members of he Associations who are postal employees or are office bearers;
ii) loud Speakers are not to be used, since
they cause disturbance to office work.
Further in case any
damage is caused to office property, or breakages caused to chairs, tables,
etc. The Association concerned will be liable to bear the costs of repairs or
replacement of such items of furniture or any other Government property.
In case of any
violation by any Association of any of the conditions under which the
permission had been granted, no permission should normally be granted for a
minimum period of six months. After the expiry of this period, the head of
the concerned office will use his judgment for granting permission for
holding meetings. If any Association comes with a request for holding
meetings before the expiry of the stipulated period of six months and with
sufficient justifications, the head of the office will send his
recommendations to his next superior having regard to all relevant
considerations for decision. If, owing
to commission of any act of violence, permission has been refused for holding
meetings in the office premises, permission to hold meeting on subsequent
dates should be granted with the approval of the Department of Posts.
It is clarified
that the term “Office Premises” includes the recreation rooms, canteens, open
compounds etc. attached to he departmental buildings.
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|
No. 33-7/77-SR dated
26.12.77
|
3. permission to hold meetings may also be
given in such offices which work round the clock subject to administrative
convenience and other prescribed conditions and the official on duty not
leaving their work to attend such meetings.
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|
No. 16-1/59-SR
dated 17.9.59
|
4. Requests for holding joint meetings of two
or more recognized Associations should be considered on their merits in the
light of space available, number of people likely to attend, issues to be
discussed, the possibility of feelings being roused among the participating Associations
and need for safeguarding the departmental property and installations. The heads
of offices may exercise their discretion in granting permission and holding
joint meetings in office premises having regard to these considerations.
|
XI. SUPPLY
OFF COPIES OF ORDERS
1.(a) The Government cannot undertake invariably
to supply copies of all orders or orders of any specified category relating to
conditions of service of employees. Copies of orders containing decisions of
general interest relating to service matters which re not marked “Top Secret’,
“Secret”, “Confidential” or ‘For official use only” may be supplied to the
recognized Associations who are likely to be interested in such orders. Copies
of general letters, orders, circulars, circle orders, correction lists, etc.
come within this category of document which can be supplied.
1(b) As regards DG’s Circulars, general letters
and orders, etc., issued from the Department which are not ‘Secret” or
“Confidential” are supplied to the Central office of All India Associations
direct from the Department and copies of circulars, etc., issued by the heads
of Circles as well as those issued buy DG”s office are to be supplied by the
circle office concerned to the central office of the relevant recognized All India Associations irrespective of the
fact that their headquarters are not located in the circle and that supplies
are to be made as soon as circulars re issued or received from DG’s office.
General circulars both from the Department / Circle re to be supplied to the
Associations of all arms in the Department and all the other circulars are
supplied to the Services Associations of the appropriate arm only.
1(c
) As
regards supply of statistical information on various subjects such as
departmental examinations, building programmes, etc. statistical information as
is readily available: or can be conveniently collected and may be really useful
for the Association and which is not meant for administrative purposes only,
may be supplied to them provided its collection does not involve extra labour,
time or special efforts. The discretion in the matter of supplying such
information, however, rests with heads of the Circle concerned who may refuse
to meet such requests if not found to be acceptable. Information of the
following kind is considered to be of an administrative nature and is not meant
to the supplied to the Association.
i) The actual number of candidates who appear
in a particular departmental examinations and the number of those who qualify
or any other statistics relating to such examination which is meant for office
use only.
(ii) The number of vacancies in a circle
office, etc., since a particular year or during a particular period and number
of officials taken against them.
(iii) information in form Establishment-II.
(iv) Standards evolved by the Administration
as their rough guide for creation of posts, Standards of the nature which have
been approved by Government may, however, be furnished.
1(d) information collected by the employees in
the course of their official duty and that obtained by the Associations from
Government should not be furnished tonon-government bodies.
XII.
USE OF NOTICE BOARD
|
DG’s Special
General Circular no. 23 dated 19.11.59 & 16-12/71-SR dated 15.10.71
|
1. Associations may be allowed to display
notices relating to the following:-
i) The date, time , the place and purpose of
a meeting.
(ii) Statement of Accounts of Income and
Expenditure of the Associations
(iii) Announcements regarding holding of
elections excluding canvassing
thereof and result
thereof.
(iv) Reminders to the members of the
Associations in a general way about the dues outstanding against them.
(v) Announcements relating to matters of
general interest to the members of the Associations provided:-
a)
They are not in
the nature of criticism:
b)
They are not subversive of discipline:
c)
They do not contain objectionable offensive language:
and
d)
They do not contain attacks on individuals directly or
indirectly. Notices relating to strike cannot be displayed on notice board
installed in office premises.
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|
No. 167-7/60-SR
dated 8.7.60 & No. 16-17/81-SR dated 26.12.81
|
2. The recognized Associations should ensure
that their branch unions follow strictly the orders in the matter of
displaying their notices./ Circulars etc. on notice boards placed in office
premises and avoid the irregular practice of displaying their posters etc. on
the walls/doors etc., of the Government buildings/offices.
|
XIII. ELECTION
AND DISPUTES.
|
No.69-60/71-SPB-II/SR
dated 31.1.72
|
1. The Service Associations should invariably
endorse copy of the notice regarding convening of he general body meeting of
the Service Associations at different levels along with a copy of the agenda
for the meeting to the Head of administration concerned at different levels.
The list of newly elected office bearers re also invariably to be furnished
immediately after the meeting to the credited authority concerned. The newly
elected office bearers will not be afforded the prescribed facilities and
concession unless these formalities re complied with.
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|
No. 19-1/73-SR
dated 19.2.74 & No. 39-38/81-SR dated 13.1.82 &16-38/82-Sr dated
18.12.82
|
2. The Recognition of the office-bearers and
the facilities granted to them would be withdrawn after the lapse of three months from the
dates fresh elections fall due as per constitutions of the respective
Associations
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|
No. 16-12/73-SR
dated 27.7.73
|
3. An elected Divisional Secretary may be
permitted to represent both the Divisions when a division is bifurcated upto
a period of here months from the date of bifurcations which is considered
adequate for establishing a new branch o electing new office bearers.
Similarly, n elected circle secretary may be permitted to represent the
bifurcated circles for a period of three months.
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|
No. 17-8/74-SR
dated 8.7.75
|
4. When a new branch is formed, it may not be
possible for a variety of reasons to send notices, etc., in advance to the
administration or to publish any notice about the meeting. In such cases even
if a formal notice is not issued for convening a meeting of the prospective
members for forming a new branch and elections of office bearers, the
intention to hold such a meeting, should be communicated confidentially, if
necessary, to the head of he Circle/Division as the case may be. This should
be done by the circle secretary in the case of formation of Divisional branch
and by the General Secretary of the All
India union in case of Circle branch.
5(A) As soon as
list of office bearers is received, it should be verified by the
accredited authority whether the new office bearers have been elected after
due notice in accordance with the provisions contained in he constitution of
the Union.
(B) if any Service Association requests that n
independent observe from the official side my be sent to watch the elections,
such an observer may be sent. It should be ensured that he belongs to a
Branch of the Department different from the Branch f which the members f the
Union concerned belong to.
(C ) Normally, after an election, the outgoing
president or the outgoing Secretary of the Branch concerned (or convener in
the case of new branch should communicate to Administration the names of the
new office bearers and such communications should normally be accepted. In
case, however, a parallel list is received from any person or persons
claiming to have been duly elected at the same meeting, a dispute should be
deemed to have arisen.
(D) once a dispute arises, he normal
facilities should be denied to both he groups.
(E) In case of dispute, a report should be
obtained from the observer, if any, and the matter decided accordingly.
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|
No. 41-4/87-SR
dated 17.2.87
|
6. in addition to thee election disputes below
Circle level, the disputes in the election of office bearers of the Unions at
circle level may also be decided by
the heads of Circles on the basis of the material furnished by the unions and
provisions contained in he constitution of Association. If considered
necessary, a reference may be made to the General Secretary of the All India
union concerned for obtaining his views in the matter. If the circle
Associations are not satisfied with the decision of the head of the Circle,
the matter can be take up with the Department through their respective All
India Association in accordance with the prescribed channel of
communications. (Also read the following instructions).
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|
No. 16-25/2002-Sr
dated 8th July, 2002
|
7. While issuing revised instructions regarding
settlement of election disputes t circle level (vide No. 41-4/87-SR dated
17.2.87, stated above), it was inter-alia made clear that “if considered
necessary, a reference may be made to the General Secretary of the All India
union concerned for obtaining his views in the matter”. The matter has been
reconsidered and it has been decided
that in case of election dispute at circle level” a reference should be made
to the General Secretary of he All India union concerned for obtaining his
views in the matter. To this extent, the instructions issued vide letter No.
41-4/87-SR dated 17th February, 1987 stand modified. It may be
further clarified that all other instructions contained in the above referred
letter of 17th February, 1987 remain unchanged.
|
|
No. 19-1/73-SR
dated 23.4.75
|
8. in the case of postal circle, an observer
from RMS Branch should be sent where the Associations concerned belongs to
the postal branch or vice versa. In the case of Circle union, the observer
should invariably he a Gazetted Officer.
|
|
No. 38-1/74-SR
dated 28.9.74
|
9. There is no necessity for All India
Association to send list of office bearers of their branches to the
Department for onward transmission to the heads of circles etc., for
necessary action excepting in cases where extraordinary situation has risen
requiring consideration of the lists in he Department. The Department when
addressed in special cases, it should be indicated why the Department is
being addressed.
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|
No. 19-1/89-SR
dated 20.1.89
|
10. he ad hoc committees formed by Service
Association at different levels will not be approved in a normal course as
the same are against the basic tenets of democracy. However, if it becomes
necessary for any Associations to appoint ad hoc committee of any level in
unavoidable circumstances, the same will be approved subject to the following
conditions:-
i) The constitution of the concerned
unions/associations contains a specific provision in this regard.
ii) No ad hoc committee will be approved at
any level for formation of a new branch.
iii) Ad hoc committed in circle office /
administrative offices will be approved by the Department of Posts for a
maximum period of three months on receipt, of a request from General
Secretary of the Union / Association explaining the necessity thereof in
detail along with a copy of the resolution passed by CWC etc., depending upon
the merits of each case.
iv) Ad hoc Committee for Divisions will be
approved by the heads of Circles for a maximum period of 3 months on a
receipt of request from the circle secretary of the concerned union /
association explaining the necessity thereof in detail along with a copy of
the resolution passed by the circle working committee etc., depending upon
the merits of each case.
v) Ad hoc Committees proposed to be appointed
at any level will not consist off more
than 4 months out of whom one member will be designated as Convener subject
to condition that they are otherwise also eligible to be elected as office
bearers and no case is pending in any court in this regard.
vi) in case of a dispute when two parallel
lists are received, whose name appears in either of the lists, will be
nominated as member in he proposed Ad hoc Committee to settle the dispute.
vii) If the Ad hoc Committee fails to hold the
fresh elections within a period of 3 months, the union facilities granted to
its members would automatically stand withdrawn on expiry of the stipulated
period.
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XIV.
JOURNALS
1.(a) The
Union/Association should get prior approval of the Government before
publishing a journal or any periodical.
1(b) While sending application for permission
to publish a journal /periodical, the following information may be furnished:-
i) name of he Journal/periodical
ii) Name of the Union/Association publishing
journal /periodical, including the name of the circle/divisional/local branch,
( if a branch is publishing the same),
iii) Name of the editor
iv) Whether the editor is a Government servant
or an outsider.
v) Station from which the journal /periodical
will be published.
|
No. 70-8/58-SPA
dated 22.9.58
|
The Service
Associations should send copies of journal invariably to the heads of
Circles, etc, so that they may also be aware of the general grievances of the
employees.
|
|
No. 70-62/58-SPA
dated 30.10.58
|
If wild allegations
are published in journals, publication of the unions or intemperate and
offensive language is used, the attention of the union should be drawn to it
and they should be asked to make amends. If this is not done, the question of
withdrawal of the permission given to the unions for publishing these
journals would be considered .
|
|
No. 16-15/59-SR
dated 20.8.59
|
No person, who is
not a member of the union/association, is eligible to become an Editor of the
journal/periodical issued by the unions /Associations.
|
|
No. 24-2/64-SR
dated 23.9.66
|
Unions/Associations
and their duly constituted branches may publish souvenirs on the eve of the
annual conferences, etc., without obtaining prior permission of the
Government subject to the condition that the contents of such publication do
not in any way violate the provisions of the Conduct Rules. Such publications
should relate only to the legitimate activities of the union/Associations and
should not contain any objectionable material or offensive language.
|
|
No. 24-4/87-SR
dated 15.12.87
|
There is no
objection, if the union/Associations at different levels accept advertisement
for he publication of souvenirs to be brought out at the time of their annual
conference etc, subject to the following conditions:-
i) Procurement of advertisements from private
parties for publication in souvenirs /or similar publications brought out by
the Service Associations etc., will not henceforth be allowed: and
ii) Procurement of advertisement from
Government Departments and public or Corporate bodies would, however,
continue to be permitted.
|
|
No. 24-4/76-SR
dated 29.5.76 & No. 25-3/82-SR dated 30.3.83
|
The journals of the
recognized unions / associations would deal with service matters only and
would not publish news or comments not directly related to such matters. In
addition, use off intemperate language should also not be resorted to.
Moreover, the permission to publish journals is always subject to the
following conditions:-
i) The journal deals with the service matters
and does not publish news or comments not directly related to such matters.
ii) No material is published in the journal in
violation of the Central Civil Services (Conduct) Rules, 1964 as amended from
time to time. In case, any objectionable material is published by the
unions/associations in their periodical journal, the question of withdrawal
of permission for publication of such journal and all other appropriate
disciplinary action can be taken against the author.
iii) The unions should not use intemperate
language in the journal.
|
|
No. 26-1/98-SR
dated 17.11.98 and No. 5-10/2001-SR dated 1.12.2001
|
(I) Heads of
Circles were delegated with the powers in the matter of grant of permission
unions/associations to publish journals/periodicals subject to the following
conditions:-
(i) The circulation of the journal/periodical
is restricted to members of the branch union only.
(ii) The journal deals with the service matters
and does not publish news or comments not directly related to such matters.
(iii) No material is published in the
journal/periodical in violation of then provisions of the Central Civil
Services (conduct) Rules, 1964 as amended from time to time.
(iv) The Union should not use intemperate
language in the journal.
(2) While considering the request, it would be
ensured that applications are accompanied by a copy of the letter from Registrar
of newspaper accepting the title of the magazine and clearance from
local/district or State Authorities.
|
XV. GUIDELINES FOR RECOGNITION OF FEDERATION
No.
2/14/98-JCA dated 3rd July, 02 circulated vide No. 6-2/2002-SR dated
the 19th July, 2002
(I) The Administrative ministries/Departments
may consider granting Recognition to the Federation with the approval of
minister in charge subject to the condition that affiliated unions/associations
are recognized under CCS(RSA), Rules, 1993. For this purpose following
documents are required to be submitted by the Federation Seeking Recognition.
(a) Constitution and bye-laws
(b) Authorization letters of the
unions/associations affiliated to the proposed Federation.
(c )
Membership of the individual affiliated recognized unions / associations
based on the verification of membership under the check off system along with
list of the office bearers and the categories represented by them.
(d) Names of the office bearers of the
Federation
2. it will be open to the Government to withdraw
Recognition at any time after giving an opportunity to the Federation to
present its case, if they fail to comply with any of the conditions prescribed
under Rule 6 of CCS(RSA0, Rules 1993 or any other conditions as may be
prescribed in this regard.
3. It is also clarified that the continued
existence of a Federation depends on he status of its affiliated
unions/associations. The Recognition of the Federation shall stand withdrawn at
any time its affiliated associations/unions are either derecognized for any
reasons or its affiliated associations/unions withdraw their affiliation to the
said Federation.
4. If any a Ministry/Department had granted
recognition to any Federation the same may be withdrawn immediately, if the
above guidelines are not satisfied. The concerned Federation, if they so
desire, may submit a fresh application seeking Recognition in accordance with
these guidelines.
5. Before the proposal for grant of Recognition
to the Federation is processed, the ministries/Department may refer one sample
case to DOP&T for vetting the draft constitution or any other relevant
document submitted by the Federation.
XVI. MISCELLANEOUS
|
No. SPA-78/54 dated
12.2.54 & No. SPA-70-69 dated 19.2.58
|
1. The unions should not use intemperate and
objectionable language against officers in their correspondence as well as journals.
|
|
No. 70-62/58-SPA
dated 20.12.58
|
2. If a letter received from a union by an
officer contains intemperate and offensive language, no notice would be taken
until the defect is rectified.
|
|
No. 21-4/70-SR
dated 27.6.70 reiterated vide letter No. 21-3/92-SR dated 22.6.92
|
3. The Departmental officers should not
encourage any joint conference of two or more unions at circle or divisional
levels. Joint Conference means, the practice of holding Joint Conferences at
the circle/divisional level of more than two unions/associations for the
purpose of elections etc., at this level. It is, therefore, reiterated that
wherever such instances of holding joint conferences come to the knowledge of
the Department, the same may not be encouraged.
|
|
No. 16-4/83-SR dated
23.7.63 & no. 3-4/84-SR dated 15.10.84
|
4. The suggestions received from the Unions
with a view to improving the efficiency of the services may be discussed with
the Unions at circle and central levels. If any suggestions are received for
discussion, they may be included in the agenda for discussion in the
prescribed periodical meetings at all levels including the Postal
Departmental Council and the Regional Councils of JCM.
|
|
No. 10-17/77-SR
dated 1.12.77
|
5. one of the conditions of the Recognition
rules requires that a list of members, an up to date copy of the constitution
and an audited statement of accounts shall be furnished to the Government annually
through proper channel after the general annual meeting is held. The union should
ensure that (1) a list of membership (2) an audited statement of accounts (3)
an up to date copy of the constitution are invariably furnished to the
Director General annually in compliance with the conditions of the
Recognition rules.
|
|
No. 38-4/74-NB
dated 25.1.75
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6. Subject to availability, minimum
Government office accommodation may be allotted for office purpose to
recognized unions and Associations. The rent shall be charged on the basis of
standard rent under FR-45-A or pooled standard rent under FR-45-A where rents
have been pooled. In addition, service charges etc., shall also be recovered
from the unions and Associations.
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No. 23-21/66-SR
dated 3.12.66
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7. It is not necessary for all India unions
to forward to the Directorate resolution passed by their Branch unions at
various annual conferences. The All India unions, if they like, may send to
the Administration, the resolutions passed at their All India Conferences for
information.
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No. 10-31/71-SR
dated 30.8.71 & No. 10-3/0-SR dated 23.10.86
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8. The representatives of recognized unions /
Associations should be invited to attend all formal functions of the
Department as matter of courtesy and gesture of goodwill and the following
procedure may be adopted:
1) in respect of the functions, where members
of the public are not invited, only the presidents and the Secretaries
General of the Federations and General Secretary of the concerned
unions/associations are to be invited to attend such functions.
2) For functions like laying of foundations,
inauguration, opening ceremonies etc., of postal buildings and installations,
where members of the public are invited, the invitation is to be extended to
the Presidents and the Secretaries General of all the recognized
unions/associations.
3) on occasions like inauguration of postal
week celebrations etc. where public cooperation is enlisted, the invitation
shall be extended to the unions/associations representatives as in (2) above.
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No. 31-1/81-GA/SR
dated 29.12.81
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9. The Federations have been informed that
they have not been granted facilities for erecting flag mast and flying
unions / associations flags in office premises used either in Departmental or
rental buildings.
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No. 10-3/87-SR
dated 21.7.87
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10. As per the prescribed channel of
communication, the all India unions/Associations can address DG (Posts) on
various subjects. They can correspond directly with the concerned Deputy
Director General also on any subject which they want to take up with the DG
(Posts). (A list of Dy. Directors Generals and the Sections working under
them along with the list off items of work dealt with by various sections has
already been forwarded tall recognized unions/associations).
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XVII. INSTRUCTIONS REGARDING NO WORK – NO PAY
Department of personnel & Training
F. No. 41016(S)/90/Estt.B Dated 1st
may, 1991
Subject:
Treatment of period of strike by Central Government Employees
Attention
of the Ministry of Finance, etc., is invited to the Department of personnel
& Administrative Reforms OM No. 33011/1/77-Estt.B dated the 25th
April, 1978 in which the ministries/Departments were requested to ensure
compliance of the following directions of the Cabinet, namely:-
i) all ministries/Departments must
observe the principle of “no work-no pay” and this should not be circumvented
in any way including by grant of leave for the period of a strike: and
ii) on
all important service matters which re likely to have repercussions on other
services (e.g. action taken against Government employees participating in
strikes, all ministries/Departments, including the Ministry off Railways,
should, with a view to ensuring the maximum possible uniformity in the general
approach, consult the Department of personnel & A.R. ( now Department of
personnel & Training) before taking/announcing any decision so that
embarrassment to the Government in
dealing with the generality of civil services is avoided.
2. notwithstanding he above directions,
the Department of personnel & Training has been receiving several
references from Central Government offices that in the case of employees who
had participated in a strike, the period of absence may be treated as duty or
leave instead of applying the principle of “no work-no pay”. It has also come to
notice that in some cases, the Ministries/Departments and taken decisions on
important service matters likely to have repercussions on the services without
consulting this Department and in contravention of the said directions.
3. The principle of “no work-no pay”, is
laid down in proviso to Fundamental Rule 17 (I) which provides that any officer
who is absent without any authority shall not be entitled to any pay and
allowances during the period of such absence. The principle was examined in
depth by the Supreme Court and upheld in the Civil Appeal No. 2581 of 1986 –
bank of India Vs T.S. kelawala & others (1990 (3) SLJ). Though the issue
did not pertain directly to applicability of the principle to Government
servants, the Court has analyzed the principle in all its facets and its
observations are relevant. Some relevant extracts of the Supreme Court judgment
delivered on 4th May, 1990 are as under:-
Where
the contract, Standing Orders or the service rules /regulations are silent on
the subject, the management has the power to deduct wages for he absence from
duty when the absence is a concerted action on the part of the employees and
the absence is not disputed. Whether the deduction from wages will be pro rata
for the period of absence only or will be for a longer period will depend upon
the facts of each case such as whether there was any work to be done in the
said period, whether the work was in fact done and whether it was accepted and
acquiesced in, etc.
It is
not enough that the employees attend the place of work. They must put in the
work allotted to them. It is for the work and not for the mere attendance that
the wages/salaries are paid.
It
is clear that wages are payable only if the contract of employment is fulfilled
and not otherwise. Hence, when the workers do not put in the allotted work or
refuse to do it, they would not be entitled to the wages proportionately.
Whether
the strike is legal or illegal, the workers are liable to lose wages for the
period of strike. The liability to lose wages does not either make the strike
illegal as a weapon or deprive the workers of it. When workers resort to it,
they do so knowing fully well its consequences. During the period of strike,
the workers withhold their labour. Consequently, they cannot expect to be paid.
4. in the light of the above, the Cabinet
has now reviewed the general policy in this regard and directed that all
ministries/Departments must observe the instructions contained in Department
off personnel & Administrative Reforms O.M. of 25th April, 1978
(reproduced in para 1 of this OM) scrupulously.
5. ministry of Finance etc., re accordingly
requested to bring the directions f the Cabinet to the notice of all concerned
for strict compliance in future.
Sd/-
(M.S.Bali)
Dy. Secretary to the GOI
XVIII. INSTRUCTIONS REGARDING BANDH
DOP&T’s
OM No. 27/6/71-Estt.(B) Cabinet Sectt. Dated 1st Nov, 1971
The
absence of Central Government employees on a day or days of bandh may fall
under one of the following categories.
i) Where a Government servant had applied
or applies for leave for the day or days of the Bandh for genuine reasons, e.g.
medial grounds, of which the competent authority is satisfied:
ii) Where the competent authority is
satisfied that the absence of individual concerned was entirely due to reasons
beyond his control i.e. due to failure of transport or disturbances or
picketing or imposition of curfew, etc.,
iii) Unauthorized absence, i.e. where
conditions mentioned in (i) or (ii) above are not satisfied.
2. As regards the first category, leave of the kind
due and admissible, including casual leave, may be granted to the Government
servants concerned. As regards the second category, if the competent authority
is satisfied that the absence was due to failure of transport facilities,
special casual leave may be granted to such Government servants who had to come
from a distance of more than three miles to their place of duty. If the absence
was due to picketing or disturbances or curfew, then too special casual levee
could be granted to regularize the absence, without insisting on the condition
that the distance between their place of duty and their residence should be
more than three miles. Special casual leave in either of the cases mentioned
above may be granted with the concurrence of the Ministry/department concerned.
3. As regards the third category mentioned
above, under the proviso to Fundamental Rule 17(I), an officer who is absent
from duty without any authority, shall not be entitled to any pay and
allowances during the period of such absence. Unauthorized absence of this
kind, apart from resulting in loss of pay and allowances for the period of such
absence, would also constitute break in service, entailing forfeiture of past
service for all purposes, unless the break itself is condoned and treated as
dies-non. If the break is condoned and treated as dies-non by the competent
authority, the service rendered prior to the break will be counted for all purpose,
but the period f the break itself will not count for any purpose.
4. There might, however be a case in
which a number off Government employee acting in combination or in a concerted
manner may absent themselves from duty for a part of a day only. The provisions
of ministry of home Affairs OM No. 60/17/64-Estt.(A0 dated the 4th
August, 1965 shall not apply to such a case. Their absence even for a part of a
day in the above circumstances shall be deemed to be unauthorized absence for a
whole day, and action may be taken in regard to the unauthorized absence as
outlined in paragraph 2 and 3 above.
(D kishan Rao)
General Secretary
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DIVISIONAL SECRETARY KAKINADA DIVISION ,ANDHARA PRADESH