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HISTORIC SUCCESS !

 Putting full stop to the doubts , Strike received an overwhelming response from the working class . The active participation of the entire PURI division is really praise worthy . All three HOs ( PURI , KHURDA & NAYAGARH ) remain closed . KHURDA & NAYAGARH HO staffs agitate in front of  their respective HOs in support of the charter of demands , While PURI HO staffs protests both in front of HO and DIVN. office also.Attendance of the staffs were almost zero every where . Both the unions participated unanimously in this strike which leads to the crescendo of success .

Strike in action at PURI HO

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GLANCE OF KHURDA HO

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COUNT DOWN BEGINS !

  

Banking, insurance, telecom, transport, Defence, mining, postal, and other Central and State Government services could be hit on Tuesday owing to the country-wide strike call by central trade unions.

This is for the first time that trade unions of all hues — the Left, the Congress, the BJP, the Shiv Sena, and the Muslim League — have joined hands to protest against what they call violation of trade union rights, growing contracterisation, disinvestment, privatisation and growing price rise.

“Apart from the 11 central trade unions, 40 federations and about 5,000 other unions will be participating in the action,” said Mr A..K. Padmanabhan, President, Centre for Indian Trade Unions.

Asked why the unions were not heeding to appeals by the Prime Minister and the Labour Minister, Mr Padmanabhan said: “They have still not called us for talks. We were forced to give the strike notice only after repeated attempts to reach out failed. Workers from organised and organised sectors are expected to participate in the “mega” strike.

aditi.n@thehindu.co.in

(This article was published in the Business Line print edition dated February 28, 2012)

TRADE UNIONS REJECTS PM'S CALL !

Trade unions have rejected Prime Minister Manmohan Singh's appeal to call off the all-India strike on Tuesday.

Dr. Singh reportedly got in touch with the Congress-backed Indian National Trade Union Congress president G. Sanjeeva Reddy and urged him to convey his appeal to the apex body of the unions coordinating the strike.

It is the first time since independence that trade unions of all hues have got together to register their protest on a wide range of issues stemming out of the liberalisation policy.

“The appeal of the Prime Minister 48 hours before the proposed strike has no meaning. We are going ahead with the strike. If the government is seriously interested in resolving the concerns of the workers, it should call leaders of all trade unions for talks after the strike,” general secretary of the All India Trade Union Congress Gurudas Dasgupta told The Hindu .

In a statement, Labour Minister Mallikarjun Kharge said: “Most of the issues relating to labour raised by the central trade unions have already been addressed to a substantial extent. However, I do assure all them that I am always open to discussions on any of the issues relating to labour at any time and resolve the same amicably through consultations.”

Workers of all 11 recognised unions (to be recognised, a union has to have 4 lakh members on its rolls) and 5,000 un-affiliated unions would strike work on Tuesday. It will impact the banking, postal, ports and government sectors.

The demands of the unions include strict enforcement of all basic labour laws without any exception or exemption, stringent punitive measures for violation of labour laws, universal social security cover for the unorganised sector workers without any restriction, and the creation of a National Social Security Fund.

The charter also seeks stoppage of disinvestment in Central and State profit-making Public Sector Undertakings.

The trade unions want the government to step in against giving on contract work of permanent/perennial nature and to ensure payment of wages and benefits to contract workers on a par with those to regular workers of the industry/establishment.

Their other demands include amendment of the Minimum Wages Act to ensure universal coverage irrespective of the schedules, fixation of statutory minimum wage at not less than Rs. 10,000, removal of all ceilings on payment and eligibility of Bonus and Provident Fund, and increase in the quantum of gratuity and assured pension for all.

Mr. Dasgupta said that despite several representations in the past few months, the government had been unmoved on the major concerns of the working people.

The annual Indian Labour Conference on February 14 and 15 in the presence of Dr. Singh articulated most of the demands and conveyed to him why the workers were compelled to take recourse to strike.

However, there was no response either from him or the Labour Minister.

·  “Government should call leaders of all unions for talks after the strike to address concerns”

·  Unions demand strict enforcement of all labour laws without exception

Bench warns Centre against filing appeals beyond period of limitation

The Supreme Court on Friday warned the Union government and its departments that bureaucratic delays could not be cited as an excuse or a ground for filing appeals beyond the period of limitation of 90 days.

A Bench of Justices P. Sathasivam and J. Chelamesar said: “the law of limitation undoubtedly binds everybody, including the government. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available.”

Writing the judgment, Justice Sathasivam said: “In our view, it is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable, and acceptable explanation for the delay and there was bonafide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape in the process. The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few.”

The Bench said: “It needs no restatement at our hands that the object for fixing time-limit for litigation is based on public policy fixing a lifespan for legal remedy for the purpose of general welfare. They are meant to see that the parties do not resort to dilatory tactics but avail of their legal remedies promptly.”

In the instant case, Living Media India Ltd., which publishes Reader's Digest and India Todaymagazines, was denied permission by the Postal Department to avail of the concession to post the magazines along with booklets containing certain advertisements. The Delhi High Court, allowed the writ petition filed by the company and a Division Bench also upheld the single judge's order.

Former Attorney General and senior advocate Soli Sorabjee, arguing for the respondent, pointed out that since in this case the Postal Department had filed the present appeal in the Supreme Court after a delay of 427 days, it should not be entertained. However, Additional Solicitor General Harin Raval cited earlier decisions to justify the ground for condonation of delay.

The Bench said:

“Considering the fact that there was no proper explanation offered by the department for the delay except mentioning of various dates, according to us, the department has miserably failed to give any acceptable and cogent reasons sufficient to condone such a huge delay.

“It is not in dispute that the person(s) concerned were well aware or conversant with the issues involved including the prescribed period of limitation for taking up the matter by way of filing a special leave petition in this court. They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings.”

The Bench noted that even the certified order copy was obtained only after four months.

The Bench said: “In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically, merely because the government or a wing of the government is a party before us. Though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, the Department cannot take advantage of various earlier decisions.”

The Bench, while dismissing the appeal on grounds of delay, did not go into the issue on merits.

·  Postal Department filed appeal after a delay of 427 days

·  No proper explanation offered by department for the delay

Submission of memorandum to the committee for Cadre Restructuring of MMS staff under the Department of Posts

ALL INDIA ASSOCIATION OF POSTAL DRIVER AND ARTISAN

MAIL MOTOR SERVICE, MADURAI @ DINDIGUL.624 001.

A.JOHNSON ARTHER.        R.SELVARAJ                      T.C.KRISHNAN

           President                  Secretary                         Treasurer

DR.DEVENDRA. Vise President

Lr. No.AIAPDA/CHQ-29/2012 dt: 21.02.2012

Humbly submitted to the Committee for Cadre Restructuring of MMS Staff

To

            The Secretary,

            Department of Posts,

            Dak Bhavan,  Sansad Marg,

            New Delhi 110 001. 

Respected Madam,

           

            Sub: Submission of memorandum to the committee for Cadre Restructuring of

                  MMS staff under  the Department of Posts – Reg.

            Ref: Directorate lr. No. 01/01/2011-SR dt 20.01.2012

---

At the outset, we express our heartfelt congratulations on your elevation as DG(Posts). In your regime we hope that our genuine demands will be settled. In this connection, a memorandum is submitted to the committee for Cadre Restructuring of MMS staff under the Department of Posts.  On behalf of the most affected drivers and artisans in the Department of Posts by the IV, V and VI CPCs, I as a General Secretary put forth the following genuine points to the Honourable Secretary (Posts) for sympathetic consideration and immediate action.

  

RAISING THE EDUCATIONAL QUALIFICATION FOR POSTAL MMS DRIVERS:-

            At present the minimum educational qualification for MMS Drivers has been fixed as MiddlePass. This has been in force since 1982. In respect of Postal Department is concerned, English language is used for communication as well as correspondence. 3^rd and 4^th CPCs ( Chapter 46 Para 31 in 3^rd CPC and Chapter 8 Para 23 in 4^th CPC (Annexure I & II) ) in their report have recommended to raise the  minimum educational qualification from Middle Standard Pass to 10+2 Pass. So far this has not been given effect.  More over all the forms such as Mail Lists and Log Sheets etc., are in bilingual i.e., English and Hindi. The vehicles  which have been recently manufactured are having electronic system. So to understand this, the driver must possess a higher qualification. 

So we demand to raise the minimum qualification of drivers from Middle Standard Pass to 10+2  Pass. 6^th CPC also in para No.3.8.3.a recommends the following:

“ In future all recruitments in the Central Government would only be in the posts belonging to Group “C” or higher categories carrying minimum qualification as Matriculation or ITI”.In respect of Departments such as Railway and Defence, the minimum educational qualification for drivers has been fixed as Matriculation. But in our department, the old educational qualification (Middle standard Pass) prevails; the same may kindly be modified.

1.      GRANT PAY TO THE POSTAL MMS DRIVERS ON PAR WITH LOK SABAH & RAJYASABAH DRIVERS     

We the drivers of the Postal Department are termed as Common Category employees. Though we are doing a risky job of conveyance of all kinds of mails, we have been deprived of all kinds of pay benefits because we have been termed as common category employees. The common category employees in the Postal Department like Draftsman, Ferro Printer, EDP staff and Lok Sabah & Rajya Sabah Drivers etc. who were getting the Driver’s pay scale of Rs.950-20-1500 in the Fourth CPC, were upgraded and raised their pay scales to Rs.4000-100-6000 and 2400 Grade pay  in the Fifth and Sixth  CPCs.   While the pay of all the common categories has been increased, the pay of the Drivers alone has been neglected. Though the drivers have been classified as common category employees and the pay structure is same, the drivers of Lok Sabah and Rajya Sabah are getting a different pay and their pay structure is different. We don’t know why this anomaly? When all the drivers are performing a same kind of work, the drivers of Lok Sabah and Rajya Sabah are getting a higher pay. The information got under RTI Act 2005 is enclosed for ready reference.(Annexure III).

2.      GRANTING OF INCREMENTS TO THE DRIVERS PERFORMING MAIL EXCHANGING DUTY

            Only in the Metropoliton Cities, mail guards are attached with the mail vans especially for mail exchanging. But in other cities, the MMS drivers are attending to the mail exchanging work in addition to the driving work. 3^rd CPC Chapter 23 para 133 clearly depicts the Mail Guard and Head Mail Guard Work. The same is reproduced below for kind perusal.

“Mail Guards and Head Mail Guards.- The Mail Guards and Head Mail Guards are employed in the RMS Transit sections and Mail Offices for work connected with the receipt, custody and despatch of the closed mails. The duties of Head Mail Guards are, more or less, the same as those of mails guards, the only difference being that Mail Guards carry 50 to 250 bags in transmit sections, while Head Mail Guard carry more than 250 bags”.

The MMS Drivers working in the cities and towns other than metropolitan cities are doing the work of Mail  Guards i.e., mail exchanging in addition to the driving work without any remuneration. The prescribed cash handling line limit is Rs.20000/- to Postal Assistant and Rs.12,000/- to Postman.  But, the postal drivers are handling bags containing lakhs of  M.O. Rupees, insured parcels and delivering them safely without escort to the H.Os and S.Os concerned by shouldering the risk of great responsibility. For this the poor drivers have to be compensated financially for the extra work done and shouldering the responsibility. So we demand to grant 6 six advance increments to the drivers performing mail exchanging work in addition to the driving work as in the case of Delhi Police and Railway Drivers who were given Spl.Pay for performing additional clerical work during the implementation of IV CPC.   A copy of the order is enclosed (Annexure IIIa)

       3.   Creation of Supervisory posts in Driver cadre equal to Technical Supervisor (Skilled)

            Only in Driver cadre, the official who joins as Driver will retire as the same Driver. The official who completes 25 years of Service in Driver cadre has to be promoted automatically to the higher grade in the pay scale of V CPC Rs 7450-2250-11500 and may be designated as “Motor Vehicle Transport Supervisor”. In terms of VI CPC, the Grade pay of Rs 4800/- in PB 2 has to be granted to the drivers who have completed 25 years of service. The reason is that if an official retires as Driver, there is no prospect in this. But if a driver retires as Motor Vehicle Transport Supervisor, it will give some sort of satisfaction and dignity in the society.

3.      Modifying the ratio system in granting promotion to the Driver Cadre.

At present the following ratio system is followed.

S.No.	Grade	Pay scales of V CPC	Percentage of ratio
1	Ordinary grade	Rs. 3050-4590	30
2	Grade II	Rs 4000-6000	30
3	Grade I	Rs 4500-7000	35
4	Spl. Grade	Rs 5000-8000	5

But we want the following ratio system as well as pay scales of the drivers to be implemented as being followed in Lok Sabah and Rajya Sabah

S.No.	Grade	Grade Pay as per VI CPC	Percentage of ratio
1	Ordinary grade	Rs. 2400 (PB1)	25
2	Grade II	Rs 2800 ( PB 1)	25
3	Grade I	Rs 4200  ( PB 2)	25
4	Spl.Grade	Rs 4600 ( PB 2)	25

Previously the drivers were granted financial up-gradation under ACP scheme. After implementing the same, the ACP scheme was abruptly withdrawn and the monetary

benefits granted under the ACP scheme was recovered for the reason that the drivers are having promotions such as Grade II and Grade I etc., But the stenos and other common category staff are enjoying both the benefits of ACP and Grade I & Grade II promotions etc.,  The drivers who are having more than 26 years of service could not get the due promotion due to the present promotional scheme and not following the departmental rules properly. If the percentage of promotion put forth by us is followed, all the officials in driver cadre can get their due promotion without any hitch.
 

4.     All  the  vacant posts to be filled up to avoid unnecessary OTA and accident.

            At present there are so many vacant posts in Driver cadre which are being manned by the Contract drivers. Due to heavy shortage of drivers, in some places like Chennai and Mumbai MMS, the departmental drivers are compelled to work on OTA basis even after completion of their schedule work. In order to obey the Orders of the higher ups, our  drivers are performing  the extra work assigned on OTA basis  with much strain and stress. Sometimes our drivers especially in Mumbai MMS are compelled to perform extra work (in addition to the assigned work) which may prolong upto 2400 hours. Again in the next day he has to attend his work as usual.   Only on such occasions, accident occurs which causes loss to the department as well as to the employees. As far as the contract drivers are concerned, responsibility could not be fixed.  In our department more than 15000 vacant posts in PA cadre as well as in all the cadres, vacant posts have been filled up.  Our union requests the Madam to show mercy upon us and to take similar action to fill up the vacant posts in our cadre.

5.      REVISION OF OVER TIME ALLOWANCE (OTA):-

            The present rate of Working day OTA (Rs 15.85 per hour) and the holiday OTA (Rs 21.10 per hour) have been fixed by the IV CPC and our employees are still getting these rates of OTA only. But we are getting the pay as per the recommendations of VI CPC.  It is pitiable to note that only in the Department of Posts, the employees are getting old rate of OTA for the past twenty years. But the rate of OTA has been revised to the employees in the Departments like Railways and Defence etc., during the implementation of V & VI CPC recommendations itself. Copies of orders for revision of OTA in the Department of Railways and Defence are enclosed for ready reference .(Annexure IV). This union requests to revise the OTA rates as done in Railways and Defence.

  

6.      INCREASING THE EDUCATIONAL QUALIFICATION OF SKILLED ARTISANS IN MMS:

Presently, the minimum educational qualification fixed for Skilled Artisans is  Middle standard  Pass. But in respect of semi skilled artisans, the educational qualification fixed is Matriculation pass. For Supervisory post, i.e., skilled artisan, the educational qualification is Middle standard pass.  Whereas for the post under the skilled artisan is semi skilled artisan. For that post, the educational qualification is Matriculation pass. The semi skilled artisans are working under the control of skilled artisans. Hence it is suggested that the educational qualification in respect of a Supervisory post i.e.,  skilled artisans may kindly be revised as Matriculation with ITI pass.

7.      GRANT EQUAL PAY TO THE SKILLED ARTISANS ON PAR WITH THE SKILLED ARTISANS OF DOORDARSHAN.

In the Department of  Doordarshan, the skilled artisans are being paid Grade pay of Rs 2400/-. Whereas the very same skilled artisans of our Department are paid Grade pay of Rs 1900/-., though the nature of work and the mode of recruitment are same. The posts are said to be identical and are common category posts. But the basic pay is different. It is not known why this difference? It is requested to redress this anomaly and grant equal pay to the skilled artisans of our department on par with the skilled artisans of the Doordarshan. During the implementation of IV CPC recommendations, the pay of the said technical posts of Doordarshan and Defence Departments have been pre revised as Rs.1200-30-1440-1440-EB-1800 and later fixed as 4000-100-6000 during the implementation of V CPC. A copy of the Gazette Notification order is enclosed for ready reference..(Annexure V).

8.      GRANT OF PROMOTION TO THE SKILLED ARTISANS ON PAR WITH THE SKILLED ARTISANS OF RAILWAY & DEFENCE RATIO FOLLOWED IN GRANTING OF PROMOTION TO THE ARTISANS IN THE DEPARTMENT OF POSTS AND DURING

	4TH & 5TH	6th CPC
Skilled	70%	70%
Highly Skilled –Grade II	20%	15%
Highly Skilled –Grade I	10%	15%
MCM	NIL	0 %

  

   

 RATIO FOLLOWED IN GRANTING OF PROMOTION TO THE ARTISANS IN THE DEPARTMENT OF RAILWAYS DURING

		4TH CPC	5TH CPC	6TH CPC
Skilled	30%		45%	45%
Highly Skilled –Grade II	30%		41% *	20.5%
Highly Skilled –Grade I	35%			20.5%
MCM	5 %		14%	14 %

 PAY STRUCTURE IN DEPARTMENT OF POSTS

		5TH CPC	6TH CPC	Ratio in %
Skilled	Rs.3050 – 4590		G Pay Rs.1900	70%
Highly Skilled –Grade II	Rs.4000 – 6000		Grade Pay Rs.2400	15%
Highly Skilled –Grade I	Rs.4000 – 6000		Grade Pay Rs.2800	15%
MCM *	Rs.4500 – 7000		Grade Pay Rs.4200	0 %

*Though the new cadre i.e., MCM (Master Crafts Man) was introduced vide Gazette Notification under No. G.S.R.552(E) to Central Civil Services(Revised Pay)Rules, 2008 for the workshop staff (Defence Civilian Employees) and circulated vide Directorate order No. 4-3/2009-PCC dt 05.01.2010, no official has been benefitted in our Department of Posts.

The ratio has not been changed for the last 2 CPCs. Due to this, we have been affected much. Hence We request the administration to revise the ratio as 25% to each grade with effect from 01.01.1996 and below mentioned pay scales to be implemented as being followed in Doordarshan.

S.No.	Grade	Grade Pay as per VI CPC	Percentage of ratio
1	Skilled	Rs. 2400 (PB1)	25 %
2	Highly Skilled –Grade II	Rs 2800 ( PB 1)	25 %
3	Highly Skilled –Grade I	Rs 4200  ( PB 2)	25 %
4	MCM	Rs 4600 ( PB 2)	25 %

9.      SEMI SKILLED TRADESMEN IN MMS UNITS

            The cadre of semi skilled & MMS Cleaner & Group “D” were always on par with postmen/mail guard up to 3^rd CPC. This was altered during 4^th and 5^th CPCs. As per the recommendations, the Postmen/Mail guard were given the higher scale of pay. The relativity got disturbed since then. Hence it is requested that the pay of the semi skilled cleaner and MMS Group “D” should be pre revised to Rs 3200-85-4900 from 01.01.1996 onwards as they are dealing with the works related to the skilled officials.

10.  GRANT OF PAY TO CHARGEHAND ON PAR WITH RAILWAYS & DEFENCE (GP Rs.4600/-):-

            The post of charge hand is the key post in MMS workshops. It is a supervisory post which involves higher responsibilities. This post is a promotional post for the mechanics. The charge hands in the workshops of Indian Railway and Defence are getting the pay scale of Grade I & II  Rs 5000-150-8000 & 5500-175-9000 as per recommendation of V CPC in Paragraph No. 63.302. (and Sixth CPC merged grade I&II and fixed Rs4600 GP). But in our Department of Posts, the Charge hands are getting the grade pay of Rs 2800/-. Whereas our counterparts in Railways and Defence Departments  are getting the Grade pay of Rs 4600/- though the mode of recruitment and the nature of work is same. A copy of the information got under RTI Act 2005 from the Coast Guard Headquarters is enclosed for ready reference .(Annexure VI).  We request the same recommendation should also be made applicable to our charge hands in MMS workshops also. 

  

11.  NON GRANTING OF FINANCIAL UPGRADATION UNDER ACP II          ( Rs. 5000-150-8000) TO THE SKILLED ARTISANS

            V CPC has recommended to grant the pay Rs 4000-100-6000 at the time of granting  ACP I and Rs 5000-150-8000 for ACP to the skilled artisans who were getting the pay of Rs 3050-70-4590. But throughout the country, it is seen that this recommendation has not been given effect. Our officials  have been given only the pay of Rs 4500-125-7000 instead of Rs 5000-150-8000. Due to the non implementation of the recommendation of the CPC, our officials have been put into heavy financial loss. Hence Our union requests the administration to give effect to this V CPC recommendation so that our officials will be benefitted financially.

Finally to sum up, We, the Drivers and Artisans have suffered much since 1996. Hence it is requested to be compassionate in considering and settling our above mentioned genuine demands of the neglected driver cadre.

 Thanking You Madam

            

DA:AA                                                                                      Yours faithfully,

Date : 20.02.2012

Place : Dindigul                                                                                 

(R.Selvaraj)

General Secretary, AIAPD

& Driver, DMMS,

O/o the SPOs, Dindigul Dn.,

Dindigul 624 001.

TAMIL NADU

Copy to:-

1.      Ms.Sandhya Rani, PMG (BD), O/o the CPMG, 

Andhra Pradesh Circle, Hyderabad

( Chairman)

2.      The Director (MV), Directorate, Dak Bhavan, Sansad Marg., New Delhi 110 001.

 ( Member – Official Side)

3.      The Director (SR & Legal), Directorate, Dak Bhavan, Sansad Marg., New Delhi110 001.

4.      Shri.  Giriraj Singh, General Secretary, R3, New Delhi ( Member – Staff Side)

5.      Shri D.Theagarajan, Secretary General, R3, New Delhi ( Member – Staff Side)