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Enhancement of Family pension
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HIGH COURT OF M P AT JABALPUR / MEMORANDUM DATED : 25.09.2018
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Consolidated instruction on Casual Labour -reg.
No.49014 /5/ 2019-Estt.(C)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
*****
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
*****
North Block, New Delhi Dated: 13th February, 2020
OFFICE MEMORANDUM
Subject: Consolidated instruction on Casual Labour -reg.
The undersigned is directed to refer to the subject mentioned above and to say that various instructions have been issued by the Government from time to time regarding casual labourers. All such instructions issued till date and still in vogue have been consolidated under easily comprehensible headings for the facility of reference and placed at Annexure to this O.M. All Ministries/ Departments are requested to bring the above guidelines to the notice of all concerned.
Sd/-(Umesh Kumar Bhatiya)
Deputy Secretary to the Government of India
Deputy Secretary to the Government of India
To:
All Ministries/ Departments of Government of India. (As per the Standard List)
ANNEXURE
A. CASUAL LABOURER
1. Appointment:
1.1. Persons on daily wages (casual workers) should not be recruited for work of regular nature.
1.2. Recruitment of daily wagers may be made only for work which is casual or seasonal or intermittent nature or for work which is not of full time nature, for which regular posts cannot be created.
1.3. The work presently being done by regular staff should be reassessed by the administrative Departments concerned for output and productivity so that the work being done by the casual workers could be entrusted to the regular employees. The Departments may also review the norms of staff for regular work and take steps to get them revised.
[O.M. No.49014/ 2/ 86-Estt(C) dated 07.06.1988] [O.M. No.49014/ 1/2017-Estt(C) dated 04.09. 19]
1.4. It has been observed that in spite of strict guidelines on engagement of Casual Labourer vide the above referred O.M, various Ministries/ Departments continue to engage casual workers for attending work of regular nature against the Government’ s policies. It is, therefore, reiterated that all Ministries/ Departments may ensure strict compliance of the guidelines on engagement of Casual Labourers. Negligence in the matter of implementing these guidelines should be viewed seriously and brought to the notice of the appropriate authorities for taking prompt and suitable action against the defaulters.
[O.M. No.49019/ 1/95-Estt(C) dated 14.06.2016]
2.Pay/wages:
2.1 Where the nature of work entrusted to the casual workers and regular employees is the same, the casual workers may be paid at the rate of 1/30th of the pay at the minimum of the relevant pay scale plus dearness allowance for work of 8 hours a day.
2.2. In cases where the work done by a casual worker is different from the work done by a regular employee, the casual worker may be paid only the minimum wages notified by the Ministry of Labour and Employment or the State Government/ Union Territory Administration, whichever is higher, as per the Minimum Wages Act, 1948. However, if a Department is already paying daily wages at a higher rate, the practice could be continued with the approval of its Financial Adviser.
[O.M. No.49014/ 2/ 86-Estt(C) dated 07.06.1988] and [O.M. No.49014/ 1/2017-Estt(C) dated 04.09.19]
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On Sat, 15 Feb 2020, 7:42 pm Vaidyanathan T, wrote to BPS
Dear Sirs,
Sub: UMID- Eligibility of OPD for those Pensioners drawing FMA.
-----------
As a result of your kind action in addressing the concerns of Pensioners to the knowledge of Rly administration on the above subject, i am happy to report that in the revised uploaded UMID for Pensioners drawing FMA, the eligibility clause has been modified by the rly admn as "OPD ONLY FOR CHRONIC DISEASES instead of OPD NOT ELIGIBLE as earlier printed.
I congratulate you for the kind and prompt action in taking up the matter with the admin.
I would request you to kindly give wide publicity to pensioners drawing FMA to download the modified UMID for their use, which contains the eligibility clause as above. This can be downloaded from the UMID portal using the ID and PW as set by them earlier.
Thanking you,
T. VAIDYANATHAN,
Retd SSE/WRS/Raipur,
now at BENGALURU-560076
wrote:
Dear Sirs,Sub: UMID- Eligibility of OPD for those Pensioners drawing FMA.-----------As a result of your kind action in addressing the concerns of Pensioners to the knowledge of Rly administration on the above subject, i am happy to report that in the revised uploaded UMID for Pensioners drawing FMA, the eligibility clause has been modified by the rly admn as "OPD ONLY FOR CHRONIC DISEASES instead of OPD NOT ELIGIBLE as earlier printed.I congratulate you for the kind and prompt action in taking up the matter with the admin.I would request you to kindly give wide publicity to pensioners drawing FMA to download the modified UMID for their use, which contains the eligibility clause as above. This can be downloaded from the UMID portal using the ID and PW as set by them earlier.Thanking you,T. VAIDYANATHAN,
Retd SSE/WRS/Raipur,
now at BENGALURU-560076
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M/o communication
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Disciplinary/Appellate/ Revisionary Cases for the Officers/Staff – Railway Master Circular
Government of India (भारत सरकार )
Ministry of Railways (रेल मंत्रालय )
Railway Board (रेलवे बोर्ड)
Ministry of Railways (रेल मंत्रालय )
Railway Board (रेलवे बोर्ड)
No, E(D&A) 2019 RG6-12
Master Circular No. 67
New Delhi Dated: 23.12.2019
New Delhi Dated: 23.12.2019
The General Managers,
Railways and Production Units.
Railways and Production Units.
Sub: Important points to be kept in view by the Disciplinary/Appellate/ Revisionary/Reviewing Authorities and Inquiry Officers while handling disciplinary cases- Master Circular.
The 2019 version of the Master Circular on important points to be kept in view by the Disciplinary/Appellate/Revisionary/Reviewing Authorities and Inquiry Officers while handling disciplinary cases is in your hands. You are aware that the disciplinary proceeding, being quasi judicial in nature, occupy a place different· from the normal administrative processes. For the same reason, they also have to their credit the largest portion of the service law jurisprudence evolved through judicial pronouncements. With Article 311 of the Constitution of India laying down the philosophical contours of the disciplinary proceedings, the Railway Servants (Discipline and Appeal) Rules, 1968 have been framed by the President under the mandate of Article 309 of the Constitution for regulating the matters of disciplinary proceedings in the case of the Railway Servants. Owing to the complex nature of these proceedings and application of the Rules in the individual cases on their given factual matrices springing up questions; circulars have been issued from time to time in order to provide clarifications. Some circulars issued in the past have become redundant owing to amendments carried out in the Rules and also in the light of ever evolving case law.
While a huge number of circulars has been issued by the Ministry in the past, an attempt has been made to present a selective handy compilation of the circulars which deal with frequently asked questions with the hope that it will provide useful guidance in conducting the disciplinary proceedings in a legally sustainable manner.
(Renuka Nair)
Dy. Director, Estt.(Discipline & Appeal)
Railway Board.
Dy. Director, Estt.(Discipline & Appeal)
Railway Board.
Important points to be kept in view by the Disciplinary/Appellate/ Revisionary/Reviewing authorities and Inquiry Officers
while handling disciplinary cases
while handling disciplinary cases
It is noticed that in many cases, the disciplinary proceedings get vitiated on account of failure to follow the prescribed procedures. Some of the common mistakes which are committed by the Disciplinary/Appellate/Revisionary/Reviewing Authorities and inquiry Officers have been brought out in this brochure for guidance/information of all concerned.
2. Disciplinary Authority:
a) The chargesheet should be issued by the appropriate ·Disciplinary Authority prescribed in the schedules. It is also essential that the chargesheet is signed by the Disciplinary Authority himself and not by any lower authority on his behalf.
b) The provisions in Rule 8 have to be kept in view while ascertaining whether the chargesheet has been issued by the correct authority. In respect of non-gazetted delinquent staff, a major penalty chargesheet can be issued only by an authority who is competent as per the schedules, to impose on that Railway servant at least one of the major penalties. However, in respect of delinquent employee of gazetted rank, a major penalty chargesheet can also be issued by an authority who is competent to impose on that delinquent employee at least one of the minor penalties.
c) Disciplinary Authority would be with reference to the post held by the charged official at the time of initiation of disciplinary action and not with reference to the post held by him at the time the alleged misconduct occurred.
(Board’s letter No. E(D&A)84/RG6-42 dated 08.08.84)
d) Disciplinary Authority in the case of Railway Servant officiating in higher post shall be determined with reference to the officiating post held by him at the time of taking action {Rule-7(3) of RS (D&A) Rules, 1968}. The delegation of powers under schedule-Ill has to be read with the provisions in the main rules as brought above, and not in isolation.
(Board’s letter No. E(D&A) 2005 RG6-19 dated 24.06.2005)
e) While (a), (b),{c) and {d) above refer to the level of the Disciplinary Authority, the Authority who actually functions as Disciplinary Authority can be none other than the one under whose administrative control the delinquent employee works. Also there can be only one Disciplinary Authority for an employee, e.g. for an operating staff, who is under the administrative control of Divisional Operating Manager ( DOM), only the DOM can act as Disciplinary Authority, even if the misconduct pertains to violation of commercial rules or safety rules and not Divisional Commercial Manager or Divisional Safety Officer.
(Board’s letters Nos. E(D&A)72RG6-13 dated 16.10.73 E(D&A)94RG6-69 dated 4.8.97) . ·
f) If the Disciplinary Authority of a charged official is also involved in the same case then he should not act as the Disciplinary Authority in the said case. The authority who is next higher in the hierarchy should act as the Disciplinary Authority.
(Board’s letter No. E(D&A)90 RG6- 123 dated 09.11.90)
g) The authority looking after the current duties of a post cannot exercise the disciplinary functions assigned to the said post.
(Board’s letter No. F(E) 60 SAi/i dt.4.3.63)
h) Authority who has acted as a member or Chairman of a Fact Finding Inquiry or Accident Inquiry should not act as Disciplinary Authority because the Charged employee would apprehend that the officer having expressed earlier an opinion would not, as a Disciplinary Authoity. depart from his own earlier finding. He may not thus get justice. However, if the report does not indicate a final opinion but only a view, prima facie, he can act as a Disciplinary Authority. A member or chairman of the Fact Finding Inquiry or Accident Inquiry cannot, however act as an Inquiry Officer in that case since the Inquiry Officer should be an authority who should not have prejudged the guilt, even provisionally at an early stage.
(Board’s letter Nos.E(D&A)63 .RGS-16 dt.23.12.68 read with letter dt.23.5.69)
3. Charge Memorandum:
a) The charges in a charge memorandum should be drawn up in clear and distinct articles of charges, separate for each alleged act of omission/commission . The charges should be specific and not vague. Where the charges are not entirely separate and distinct, it would be more appropriate to combine the various elements of the charges into a single article of charge but in which the different elements are brought out clearly.
b) The articles of charges and the statement of imputation in support of the articles of charges should not be identically worded. While the article of charge should be concise, the statement of imputation should contain details, references etc. relating to the charges and should generally give a clearer idea about the facts and circumstances relating to the alleged act of commission or omission. Specific rules/instructions which may have been violated by the charged official should also be mentioned in the statement of imputation.
c) The list of documents by which and the list of witnesses by whom the charges are proposed to be sustained should be comprehensive and drawn up with due care taking into account the relevance of each document/witness in establishing the articles of charges, their availability and ease of being produced during the inquiry etc. If it is found after the issue of chargesheet that additional documents/witnesses have to be added to the lists, a suitable corrigendum to the charged memorandum should be issued.
d) Clause (i), (ii) & (iii) of Rule 3(1) of RS(Conduct) Rules, 1966 have different connotations. While framing charges care should be taken to invoke only the relevant clause of Rule 3(i) of RS(Conduct) Rules, 1966.
(Para 4 of No. E(D&A) 2008 RGG-41 dated 06.02.2009)
e) Where intention is to bring out the gravity of the charge in a particular case due to the fact that punishments in the past have not resulted in better conduct on the part of the charged official, then the previous record should be brought out in the charge sheet itself to enable the charged official to defend himself with reference to these factors also. Otherwise, Disciplinary Authority cannot take into account the previous misconducts while taking a decision in regard to the present case.
(Board’ s letter No. E(D&A)68 RG6-37 dated 23.09.68)
f) Preliminary Enquiry Report/Vigilance Investigation Report should not be made a Relied Upon Document while issuing a Charge Memorandum to a Charged Officer. These reports are strictly for the consumption of the competent authority and it is not necessary to give access to these reports to the Charged Officer. Reference to such reports should be· strictly avoided in the statement of allegation; failing which, it shall not be possible to deny access to these reports to the Charged Officer and will not be in public interest.
(No. E(D&A) 68 RG 6-26 dated 29.06.1968)
………………………………………………..Read More
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disciplinary-appellate-revisionary-cases-for-the-officers-staff-railway-master-circular
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Turning Food To Feed -Between the farm and the table lies the rot and a racket
Turning Food To Feed
Between the farm and the table lies the rot and a racket
Wasted
As of January 1, there were 4,135.224 tonnes of ‘damaged’ grain in FCI godowns
The country is one of the world’s largest food producers but around 194 million Indians go hungry every day because we waste thousands of tonnes of grain every year. Successive governments had promised and initiated policies to stop the wastage—mounds of grain left to rot in the sun, rain and floods in decrepit Food Corporation of India (FCI) granaries, or eaten by insects and rats. But the rot continues, as does the paradox of millions going hungry. This reeks of callousness, possibly even trickery, in a country that ranks 100 out of 119 on the Global Hunger Index.
On February 5, minister of state for consumer affairs, food and public distribution, C.R. Chaudhary, told the Lok Sabha that India had 4,135.224 tonnes of “damaged/non-issuable” foodgrain lying in FCI godowns on January 1, 2019. In 2017, this was around 62,000 tonnes. This grain is then auctioned to those primarily interested in making feed for cattle and poultry.
“The FCI is the biggest racket the country has ever seen,” says former UP legislator V.M. Singh, national convenor of the All India Kisan Sangharsh Coordination Committee. “The corporation buys the grain and keeps it on open fields. If you go to Punjab, Haryana or Bihar, you will see how they keep the grain out in the open, on black tarpaulin sheets. The grain is stacked up in a pyramidal structure comprising about 50 layers. If it is flooded with, say, four feet of water, only four or five layers from the bottom are affected. And yet they auction the entire pile at dirt cheap rates—even though most of it is absolutely clean wheat. That is how the racket functions.”
According to Singh, while storage is a problem across the country, local solutions like makeshift platforms can be constructed in areas where the authorities are aware of adverse conditions. “They know these areas are prone to floods and yet they use only those spaces for storage. Why are they keeping the grain there? Because they want it to be declared rotten so they can sell it. If there is no rotten wheat and paddy, what will the corrupt do? To make proper arrangements and put the grain in sheds would need investment instead of helping the corrupt make money,” he says.
An FCI official, who doesn’t wish to be named, insists that ‘procedures’ are being followed and auctions happen only after a decision to grade the grain in a three-tier system is taken after checks by the vigilance department. “You can’t throw away the damaged grain. Tenders have to be floated for the auction, be it for a kilo or a tonne,” he says.
Though the quantity of damaged food grain is low compared to the stock issued every year—India produces 265 million tonnes annually, according to the National E-Repository Limited (NERL)—if we take three ounces to be a person’s average daily intake of food grain, the amount wasted was enough to feed Calcutta for over a week.
A state-wise breakdown of the 2019 figure reveals that Bihar accounts for 3,567.65 tonnes (86 per cent of the total damaged grain), comprising 1,267.69 tonnes of wheat and 2,299.97 tonnes of paddy, followed by Punjab with 324.39 tonnes. “Grain damage is generally high in Punjab as substantial quantities are stored in the open, or in cover-and-plinth storage, where chances of damage are higher. There’s also damage due to rain and poor transportation,” says Siraj Hussain, former Union secretary for agriculture and farmers’ welfare.
What is also an aberration is the graph of wastage, especially in Bihar, over a five-year period. While Maharashtra, Uttar Pradesh, West Bengal and Odisha fared better than their previous history suggests, Bihar was chugging along fine too—according to government data. Bihar’s damaged stock was 3,909.41 tonnes in 2013-14, 703.65 tonnes in 2014-15, 46.931 tonnes in 2015-16 and nil in 2016-17. The wasted stock in 2019 was thus accumulated over two years.
“The damage was due to the floods.Some godowns were entirely flooded,” says the FCI official. “For minimising the damage, there is a process to get it checked with a stack-wise analysis.” Since 2000, there have been 11 years when Bihar was flooded. In 2016 and 2017, over 700 people lost their lives.
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- Of the total 4,135.224 tonnes of “damaged/non-issuable” grain, Bihar accounts for 3,567.65 tonnes (86%).
- Punjab, with about 324.39 tonnes and a history of storage issues, comes second among the states.
- Maharashtra, UP, West Bengal and Odisha fared better this time than in the five preceding years.
The damaged food grains consist of wheat and rice that are not suitable for human consumption. Sponsored Elevators and… Mitsubishi… Sponsored Become a… GreatLearning Representational Image According to the latest data of Ministry of Consumer Affairs, Food & Public Distribution; out of 4135.224 MT wasted food grains, rice is 2831.912 MT and wheat 1303.312 MT. The data is of the total quantity of damaged food grains lying in different Food Corporation of India (FCI) godowns as on January 1, 2019. Maximum food grains have been wasted in Bihar where out of a total of damaged 3567.653 MT food grains, wheat is 1267.687 MT and rice 2299.966 MT. The second number is of Punjab where 324.394 MT food grains have been wasted. Out of this, wheat is 23.354 MT and rice 301.040 MT. On the third spot is NEF region (Meghalaya/Mizoram/Tripura), where 100.985 MT of rice has been wasted. [Chhattisgarh gets award for producing 28.68% more crops than last year] The fourth number is of Karnataka, with a figure of 45.811 MT of damaged rice. Kerala is on fifth spot where a total of 33.201 MT food grains have been damaged, out of which wheat is 0.994 MT and rice 32.207 MT. On the next spot is Jharkhand with wastage of 31.244 MT of rice. West Bengal is on the seventh spot with a scorecard of 12.290 MT, out of which wheat is 4.510 MT and rice 7.780 MT. Rice weighing 7.909 MT and 4.970 MT has been damaged in Uttar Pradesh and Madhya Pradesh respectively. Wheat weighing 4.740 MT, 1.570 MT, 0.354 MT, and 0.103 has been wasted in Chhattisgarh, Odisha, Delhi, and Maharashtra respectively. According to data, the damaged stock was 3,338 MT in 2011-12, 3,148 MT in 2012-13, 24,695 MT in 2013-14, 18,847 MT in 2014-15 and 31,115.68 MT in 2015-16 . Zero Loss States: Assam, Arunachal Pradesh, Manipur, Nagaland, Haryana, Himachal Pradesh, Jammu & Kashmir, Rajasthan, Uttrakhand, Andhra Pradesh, Tamil Nadu, and Gujarat are the states where there is nil stock of damaged food grains in any FCI godowns. Governments claims and FCI's Reality: According to the Ministry of Consumer Affairs and Food & Public Distribution, India has much more storage capacity that is required for central pool food grains. "The overall storage capacity required for central pool food grains in the country is about 650 Lakh Metric Tonnes (LMT) and the total storage capacity available with FCI, Central Warehousing Corporation (CWC) and State Agencies is 851.54 LMT as on 31.12.2018," Minister of State for Consumer Affairs, Food & Public Distribution C.R. Chaudhary informed Lok Sabha on Tuesday. [4 years of Modi: Strengthened NFSA ensures food for all] Despite the government's claims if the country damages huge quantity of food grains then an obvious question arises: how much efficient India actually is in storing food grains safe? The answer to the above question was probably best given by Sharad Pawar, former union agriculture minister, who once told Parliament that nearly 40% of the value of annual production of food in India is wasted, with crops left to rot in the sun without storage or transportation, or eaten by insects and rats. Pilferage is another reason behind the damaged food grains. There are numerous cases wherein FCI employees stole food grains, sold in the market, and later showed the stock as damaged. Fed up, the Centre has issued guidelines for the disposal of damaged stock. The Comptroller and Auditor General of India said in its 2017 audit report on FCI that more than 4.72 lakh tonnes of wheat valued at Rs 700.30 crore got damaged in Punjab till March 2016 due to delay in implementation of the private entrepreneur scheme which was expected to increase the storage capacity of food grains in the state. However, the country continues to damage food grains when 'officially' the FCI has four-stage inspection of stored food grains: fortnightly inspection of stocks on 100% basis by technical assistant, monthly inspection by manager (quality control); quarterly inspection by AGM (quality control), and super checks by regional, zonal and FCI headquarter squads. The corporation also claims of taking other measures to stop damaging food grains, which include: 'First in First Out' principle is followed to the extent possible so as to avoid longer storage of foodgrains in godowns; damage monitoring cells have been set up at district, regional and zonal levels; measures to stop roof leakages, seepages, and water clogging in the godowns. However, in reality the lethargy and sloppiness in the FCI seems to be flowing in its blood since decades. For example, way back in 1984 an India Today report said, FCI loses Rs 35 lakh worth of food grain every day in transit and storage alone. More REPORT News
Read more at: https://www.oneindia.com/india/here-is-india-s-food-grain-storage-report-card-2850974.html
Read more at: https://www.oneindia.com/india/here-is-india-s-food-grain-storage-report-card-2850974.html
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Retired Employee Association can be registered under Trade Union Act – High Court Madras
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
Civil Miscellaneous Appeal No.2758 of 2019
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
Civil Miscellaneous Appeal No.2758 of 2019
Karur Vysya Bank Retirees- Association,
Rep. by its General Secretary,
Plot -E-, New No.44, Old No.33B,
8th Street, Sowrashtra Nagar,
Choolaimedu, Chennai~600 094. … ……………Petitioner/Appellant
Rep. by its General Secretary,
Plot -E-, New No.44, Old No.33B,
8th Street, Sowrashtra Nagar,
Choolaimedu, Chennai~600 094. … ……………Petitioner/Appellant
vs
Deputy Commissioner of Labour I
DMS Compound,
Teynampet, Chennai~600 006. ……………………………… Respondent
DMS Compound,
Teynampet, Chennai~600 006. ……………………………… Respondent
PRAYER: Petition is filed under Section 11 of the Trade Unions Act, 1926 to set aside the order dated 26.10.2016 passed in O.M.A3/5794/16 by the Deputy Commissioner of Labour I, Chennai / the Authority under the Trade Unions Act.
For Appellant : Mr.Balan Haridas
For Respondent : Mr.M.Sricharan Rangarajan
Spl. Govt.Pleader (CS)
Spl. Govt.Pleader (CS)
O R D E R
This Appeal has been filed to set aside the order dated 26.10.2016 passed in O.M.A3/5794/16 by the Respondent, namely, Deputy Commissioner of Labour I, Chennai, who is the Authority under the Trade Unions Act, by which, the request of the Appellant Association (hereinafter referred to as -the Association-) to register its Association was negatived by the Authority on the ground that the members of the Association are not in service.
2. It is not in dispute that none of the members of the Association are in employment of the Bank, though they were ex~employees of the Bank. It is the case of the Association that the members of the Association had decided to form an Association to espouse their grievances, relating to pension and other benefits, as the existing Trade Union is not widely bringing out their grievances. It is the further case of the Association that the issue regarding the eligibility period for the purpose pension can be raised in the form an Industrial Dispute and it cannot be done by an individual or he cannot approach the Civil Court for the relief. It is submitted that the individual is also barred from approaching this Court by way of Writ Petition, as the Court may shut the doors on the ground that the disputed question of fact cannot be gone into before this High Court.
3. According to the learned counsel for the Appellant, a reading of Section 2(g) of the Trade Unions Act, 1926 (in short -the Act, 1926-) shows that it authorizes any person, who was in employment to form an Association, which should be registered under the Act, 1926. Though the employer, Workmen and industrial dispute have not been defined under the Act, 1926, the Industrial Disputes Act alone can be invoked for the purpose of raising a dispute with regard to the issue falling under Section 2(k) of the Industrial Disputes Act, 1947, It is stated by the learned counsel for the Appellant that the mandatory requirement is that a group of seven persons can only form an Association and in that event, it is obligatory on the part of the Authority to register the Trade Union, unless or otherwise there are any obstacles like reflection of very same name or any other issue concerned or that are prohibited under the 1926 Act. It is further stated by the learned counsel for the Appellant that when the minimum requirement is seven even after amendment in 2002, substituted by Act 31 of 2001, which came into force from 09.01.2002, it is not right on the part of the Authority to reject the registration of the Association.
4. Mr.M.Sricharan Rangarajan, learned Special Government Pleader (CS) appearing for the respondent has vehemently contended that the persons, who are on roll can only make such application for registration of the Association under the Act, 1926 and even after amendment in the year 2002, there was no deletion of any mandatory requirement. He has further contended that a reading of the words used in Section 2 (e), (g) and 22 (1) & (2) makes it very clear that there shall be persons actually engaged or employed in an industry with which the Trade Union is connected and in the absence of such stipulation, the Authority is empowered to reject the application. On the date of application, there should be a group of seven persons and in case the number is reduced, still the Authority is empowered to register the Trade Union, but making an application with seven persons, who retired from service and are not connected with the employment on the date of application is not permissible in law and it will set a bad precedent for other similarly placed persons to knock at the doors of Registrar of Trade Unions to register their Association.
5. The learned Special Government Pleader (CS) has submitted that there are two judgments with regard to registration of Trade Union, viz., a judgment of Karnataka High Court in the case of Government Tool Room and Training Centre-s Supervisory and Officers- Association, Bangalore and another vs. Assistant Labour Commissioner and Deputy Registrar of Trade Unions, Bangalore Division~I, Bangalore and others, reported in (2002) 2 LLJ 330 (Karnataka) and another judgment of the Bombay High Court in Bajaj Auto Ltd., vs. State of Maharashtra, reported in 2018 (3) Mh.L.J. 466. Out of these two judgments, though the finding of the Karnataka High Court does not support the case of the Respondent herein, the other judgment of the Bombay High Court is otherwise.
5.1. In Government Tool Room and Training Centre-s Supervisory and Officers- Association, Bangalore and another vs. Assistant Labour Commissioner and Deputy Registrar of Trade Unions, Bangalore Division~I, Bangalore and others (cited supra), it has been held as follows:
“4. After hearing the learned Counsel, I have carefully perused the impugned endorsement. The registration was refused on the ground that the supervisory officers and managers are not workmen within the meaning of Section 2(s) of the I.D. Act. The question that requires consideration by this Court is as to whether the non~workmen under the I.D. Act have a right to form a Trade Union in terms of the Indian Trade Unions Act of 1926.
5. The Trade Unions Act of 1926 is a pre~Constitution Law. The object of the Trade Unions Act is to provide for the registration of a Trade Union and in certain respects to define the law relating to Trade Union. Section 2 defines various terms including Trade Dispute and Trade Union. Chapter II provides for registration of Trade Union. Section 5 provides for an application being made for registration to the Registrar, Section 6 provides for provisions to be contained in the rules of a Trade Union. Section 7 provides for power to call for further particulars in the matter. Registration is provided under Section 8 of the Act. To understand the dispute between the parties, it is relevant to note the two definitions in Section 2(g) and 2(h). The said definitions read as under:
(g) “Trade Dispute” means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non~employment, or the terms of employment or the conditions of labour, of any person and workmen means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises; and
(h) “Trade Union” means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between the workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions”.
6. In the light of these two definitions, it is clear to me that the word workmen under the Trade Unions Act includes all persons employed in a Trade or Industry. It is not a restricted definition as in any other enactment of Labour Laws. When the Act itself provides for a wider definition and for a wider meaning of that definition, the Courts cannot narrow it by its decision. That would be against the very object of the Trade Unions Act itself. It is a well~settled principle of law that two conditions are necessary for interpreting an earlier enactment in the light of the provisions of a later Act. They are:
(1) The two Acts of the Legislature must be in pari materia, that is to say that they form a system or code of Legislature; and
(2) The provisions in the earlier Act is ambiguous………………..Read More
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Pension Processing for BSNL and MTNL VRS 2019 – SAMPANN and FMS
भारत सरकार / GOVERNMENT OF INDIA
संचार मंत्रालय / MINISTRY OF COMMUNICATIONS
दूरसंचार विभाग / DEPARTMENT OF TELECOMMUNICATIONS
-203अशोकरोड ,संचार भवन /20, ASHOKA ROAD, SANCHAR BHAWAN
नई दिल्ली 110001- NEW DELHI-110001
संचार मंत्रालय / MINISTRY OF COMMUNICATIONS
दूरसंचार विभाग / DEPARTMENT OF TELECOMMUNICATIONS
-203अशोकरोड ,संचार भवन /20, ASHOKA ROAD, SANCHAR BHAWAN
नई दिल्ली 110001- NEW DELHI-110001
OFFICE MEMORANDUM
No. 1/Misc/Pen/Issues/BSNL/DDG(Accounts)/2019-Part(l)/ 566 +597
dated 14 /02/2020
The Pension processing for BSNL and MTNL VRS 2019 retirees is being done in SAMPANN and FMS. The progress has been reviewed and in many cases pension papers in BSNL remain to be generated and many cases have not been received in CCA offices physically. In the view of volume of retirees and delay in receipt of physical records, it is anticipated that issue of regular PPO may take time.
2. Therefore, the approval of competent authority is hereby conveyed, as special dispensation, for payment of provisional pension ( 50% of Last Pay Drawn + applicable dearness relief) for all BSNL and MTNL VRS 2019 retirees (combined service optees) starting 1.2.2020 for a period of five months or till issue of PPO, whichever is earlier. Also, all concerned are directed to take necessary action for issuing PPO before 31st May 2020.
3. SOP for effecting the above is enclosed herewith for guidance and necessary action.
Encl: As Above.
Director(Accounts-I)
Tel: 011-23036511
Email: div.dfu-dot@nic.in
Tel: 011-23036511
Email: div.dfu-dot@nic.in
To
1. All Pr.CCA/CCA -For necessary action.
2. CMD BSNL – For necessary action.
3. CMD MTNL – For necessary action.
4. Additional CGCA -For kind information and monitoring.
2. CMD BSNL – For necessary action.
3. CMD MTNL – For necessary action.
4. Additional CGCA -For kind information and monitoring.
Copy to: for kind information
1. PPS to Secretary (T)
SOP for Payment of Provisional Pension to BSNL VRS 2019 Optees
1. There are 2 stakeholders for release of provisional pension as per DoT letter no. 1 /Misc /Pen /Issues/BSNL /DDG (Accounts) /2019-Part (l )/ 566 to 597 dated 14th February, 2020, to Retirees of BSNL VRS 2019 as per cabinet approval.
2. These stakeholders are as under:
a) Circle Office of BSNL.
b) CCA Office of the Circle.
b) CCA Office of the Circle.
3. The procedure for all the stakeholders is prescribed in the following paragraphs:
A. Circle Office of the BSNL will carry out following functions:
a) Circle office will extract information from ERP/HRMS (required assistance will be provided by BSNL Corporate Office) regarding last pay drawn and bank details and compile information in the XLS format as per Annexure A separately for following categories of employees:
Absorbed employees (Other than having TSM period).
Absorbed employees (having TSM Period).
Absorbed employees (having TSM Period).
b) Compiled information will be thoroughly checked and errors and omissions, if any, shall be corrected.
c) Three print outs of corrected compiled sheet will be taken out and duly authenticated. One copy will be retained as office copy and other two copies will be sent to CCA office of the Circle along with corrected XLS file with covering sanction letter as per Annexure B for payment of provisional pension.
d) The Bank details should be salary account only. All VRS Optees may be asked not to close or transfer the Bank Account (Salary) till PPO is issued by CCA office to avoid any failure of e-Payment. Following issue of PPO, the pension shall be paid into the Bank account in which pensioner has sought credit of monthly pension.
B. CCA Office will carry out following functions:
a) On receipt of Annexure A and Annexure B in soft/hard copies from BSNL Circle Office, provisional pension including DR shall be calculated on monthly basis in respect of cases for which e-PPO through SAMPANN is not issued on or before 24th of the respective month and payment shall be made via SBI Local government account. Further, in case any change in amount of pension is noticed on scrutiny of pension case, appropriate action will be taken to recover excess paid pension from future Pension/Provisional Pension as per rules.
b) All records in respect of TDS shall be maintained and IT Returns filed by CCA office separately as per existing orders on the subject.
c) Pension for the current month will be processed through SAMPANN in case PPO is issued on or before 24th of any month. For example, in case PPO is issued on 24th March, pension for March will be processed from SAMPANN only. However, if PPO is issued between 25st to 31st March, Provisional Pension for March will be paid and regular pension from April onwards will be paid through SAMPANN
d) The provisional pension paid shall be fed into the arrear module of SAMPANN on later date for reconciliation in SAMPANN.
e) All field offices should ensure that the ePPO of all VRS Retirees who were scheduled to superannuate in month of February 2020 and beyond are processed through SAMPANN in respective months.
Annexure-A
| HRMS NO. | SSA/HOO | NAME | PAN | Last Pay Drawn As On 31-01-2020 | Monthly Provisional Pension Amount (Basic Pension)(Last Pay drawn/2) | BENEFICIARY NAME | Bank Name | IFSC CODE | BENEFICIARY A/C |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
Designated authority
Annexure B
(Letter head)
Provisional Pension Sanction
In accordance with DoT’s letter no.1 /Misc /Pen /Issues /BSNL /DDG (Accounts) / 2019-Part(l)/566 to 597 dated 14th February, 2020, sanction of undersigned is hereby conveyed for payment of provisional pension ( 50 % of Last Pay Drawn) to ………….. BSNL VRS retirees of ……… … BSNL circle as per details in annexure A with applicable dearness allowance (IDA) relief w.e.f. 1/2/2020 for a period of five months or till issue of PPO whichever is earlier.
Designated authority
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NPS to OPS – One Time Option for Coverage of CCS Pension Rules 1972 in place of NPS for selected before 01.01.2004 but joined after 01.01.2004 : DoP&PW Order dated 17-02-2020
No. 57/04/2019-P&PVW/(B)
Government of India
Department of Pension and PW
Government of India
Department of Pension and PW
Lok Nayak Bhawan, Khan Market,
New Delhi, the 17 February, 2020
New Delhi, the 17 February, 2020
OFFICE MEMORANDUM
Subject: Coverage under Central Civil Services (Pension) Rules, 1972, in place of National Pension System, of those Central Government employees whose selection for appointment was finalized before 01.01.2004 but who joined Government service on or after 01.01.2004.
The undersigned is directed to say that consequent on introduction of National Pension System (NPS) vide Ministry of Finance (Department of Economic Affairs) Notification No. 5/7/2003-ECB & PR dated 22.12.2003, all Government servants
appointed on or after 01.01.2004 to the posts in the Central Government service (except armed forces) are mandatorily covered under the said scheme. The Central Civil Services (Pension) Rules, 1972 and other connected rules were also amended vide Notification dated 30.12.2003 and, after the said amendment, those rules are not applicable to the Government servants appointed to Government service after 31.12.2003.
appointed on or after 01.01.2004 to the posts in the Central Government service (except armed forces) are mandatorily covered under the said scheme. The Central Civil Services (Pension) Rules, 1972 and other connected rules were also amended vide Notification dated 30.12.2003 and, after the said amendment, those rules are not applicable to the Government servants appointed to Government service after 31.12.2003.
2. Representations have been received in this Department from the Government servants appointed on or after 1.1.2004 requesting for the benefit of the pension scheme under Central Civil Services (Pension) Rules, 1972 on the ground that their appointment was delayed on account of administrative reasons or lapses. Similar references have been received from Ministries/Departments seeking advice of this Department on the question whether the Government servants who were appointed on or after 1.1.2004 could also be extended the benefit of pension scheme under CCS (Pension) Rules, if their appointment was delayed beyond 31.12.2003 on account of administrative reasons and the delay in appointment was beyond the control of the said Government servants.
3. From the representations of the Government employees and the references received from Ministries/Departments, it has been observed that in many of the cases referred to this Department, selection process (including written examination, interview and declaration of result) for recruitment had been completed before 01.01.2004 but the employee joined the Government service on or after 01.01.2004. A few illustrations where the selection was finalized before 01.01.2004 but actual joining took place on or after 01.01.2004 are as under:
(i) The result for recruitment was declared before 01.01.2004 but the offer of appointment and actual joining of the Government servant was delayed on account of police verification, medical examination etc.;
(ii) Some of the candidates selected through a common selection process were issued offers of appointments and were also appointed before 01.01.2004 whereas the offers of appointment to other selected candidates were issued on or after 1.1.2004 due to administrative reasons/constraints including pending Court/CAT cases.
(iii) Candidates selected before 01.01.2004 through a common competitive examination were allocated to different Departments/organization. While recruitment process was completed by some Department(s) / organizations on or before 31.12.2003 in respect of one or more candidates, the offers of appointment to the candidates allocated to the other Departments / organization were issued on or after 01.01.2004.
(iv) Offers of appointment to selected candidates were made before 01.01.2004 with a direction to join on or after 01.01.2004.
(v) Offers of appointment were issued to selected candidates before 01.01.2004, and many/most candidates joined service before 01.01.2004. However, some candidate(s) were allowed extension of joining time and they joined service on or after 01.01.2004. However, their seniority was either unaffected or was depressed in the same batch or to a subsequent batch, the result for which subsequent batch was declared before 01.01.2004.
(vi) The result for recruitment was declared before 01.01.2004 but one or more candidates were declared disqualified on the grounds of medical fitness or verification of character and antecedents, caste or income certificates. Subsequently, on review, they were found fit for appointment and were issued offers of appointment on or after 01.01.2004.
In all the above illustrative cases, since the result for recruitment was declared before 01.01.2004, denial of the benefit of pension under CCS (Pension) Rules, 1972 to the affected Government servants is not considered justified.
4. The matter has been examined in consultation with the Department of Personnel & Training, Department of Expenditure and Department of Legal Affairs in the light of the various representations/references and decisions of the Courts in this regard. It has been decided that in all cases where the results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the CCS(Pension) Rules, 1972. Accordingly, such Government servants who were declared successful for recruitment in the results declared on or before 31.12.2003 against vacancies occurring before 01.01.2004 and are covered under the National Pension System on joining service on or after 01.01.2004, may be given a one-time option to be covered under the CCS(Pension) Rules, 1972. This option may be exercised by the concerned Government servants latest by 31.05.2020.
5. Those Government servants who are eligible to exercise option in accordance with para-4 above, but who do not exercise this option by the stipulated date, shall continue to be covered by the National Pension system.
6. The option once exercised shall be final.
7. It is clarified, that the above option would be available to only those Government servants who were declared successful for recruitment before 01.01.2004, against vacancies pertaining to the period prior to that date. This option shall, however, not be available to the Government servants appointed on or after 01.01.2004 if they fall in any of the following categories:
(i) Government servants whose names were included in a panel of selected candidates before 01.01.2004 for recruitment against vacancies occurring on or after 01.01.2004 and were, accordingly, recruited on or after 01.01.2004.
(ii) A Government servant whose name was included in a panel of selected candidates prepared before 01.01.2004 for vacancies arising before and after 01.01.2004 but was actually appointed after 31.12.2003 against a vacancy arising on or after 01.01.2004.
(iii) Government servants who were selected against vacancies pertaining to the period prior to 01.01.2004 on the basis of an advertisement/notification issued before 01.01.2004 or a written examination/interview held before 01.01.2004 but results for recruitment were declared on or after 01.01.2004.
(iv) Government servants who joined on or after 01.01.2004 after they were granted extension of joining time on their own request and, in accordance with the instructions issued by the Department of Personnel & Training, their seniority was depressed on account of such extension of joining time to a batch for which the result for recruitment was declared on or after 01.01.2004.
8. The matter regarding coverage under the CCS (Pension) Rules, 1972 based on the option exercised by the Government servant shall be placed before the appointing authority for consideration in accordance with these instructions. In case the Government servant fulfils the conditions for coverage under the CCS (Pension) Rules, 1972, in accordance with these instructions, necessary order in this regard shall be issued latest by 30 September, 2020. The NPS account of such Government servants shall, consequently, be closed w.e.f. 01st November, 2020.
9. The Government servants who exercise option to switch over to the pension scheme under CCS (Pension) Rules, 1972, shall be required to subscribe to the General Provident Fund (GPF). Regarding accountal of the corpus in the NPS account of the Government servant, Controller General of Accounts (CGA) has furnished the following clarification vide letter No. 1(7)(2)/2010/cla./TA III/390 dated 14.11.2019:
i. Adjustment of Employees’ contribution in Accounts: Amount may be credited to individual’s GPF account and the account may be recasted permitting up-to-date interest (Authority-FR-16 &Rule 11 of GPF Rules).
ii. Adjustment of Government contribution under NPS in Accounts: To be accounted for as (-) Dr. to object head 70 – Deduct Recoveries under Major Head 2071 – Pension and other Retirement benefit – Minor Head 911- Deduct
Recoveries of overpayment (GAR 35 and para 3.10 of List of Major and Minor
Heads of Accounts).
Recoveries of overpayment (GAR 35 and para 3.10 of List of Major and Minor
Heads of Accounts).
iii. Adjustment of increased value of subscription on account of appreciation of investments — May be accounted for by crediting the amount to Govt. account under M.H. 0071- Contribution towards Pension and Other Retirements Benefits 800- Other Receipts ( Note under the above Head in LMMHA).
10. All Ministries/Departments are requested to give wide publicity to these orders. The cases of those Government servants who fulfil the conditions mentioned in this O.M. and who exercise option to switch over to the pension scheme under CCS (Pension) Rules may be settled by the administrative Ministries/Departments in accordance with these orders.
11. These orders issue with the concurrence of Ministry of Finance, Department of Expenditure, vide their |.D. Note No. 1(7) EV/2019 dated 08.01.2020.
12. In their application to the employees of Indian Audit and Accounts Department, these orders are issued after consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution.
13. Hindi version will follow.
(Ruchir Mittal)
Deputy Secretary to the Government of India
Deputy Secretary to the Government of India
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Coverage under Central Civil Services (Pension) Rules 1972, in place of National Pension System, of those Central Government employees whose selection for appointment was finalized before 01.01.2004 but who joined Government service on or after 01.01.2004
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Counting of service on joining new service in State Government / Central Government / autonomous body for the benefit of gratuity in respect of Central Govt. Employees covered under National Pension System (NPS).
No.7/5/2012-P&PW(F)/B
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners Welfare
Ministry of Personnel, Public Grievances and Pensions
Department of Pension and Pensioners Welfare
Lok Nayak Bhavan, Khan Market,
New Delhi, Dated the 12th February, 2020
New Delhi, Dated the 12th February, 2020
Office Memorandum
Subject: Counting of service on joining new service in State Government / Central Government / autonomous body for the benefit of gratuity in respect of Central Govt Employees covered under National Pension System (NPS)
The undersigned is dated to say that vide this Department’s O.M. No.38/41/06-P&PW(A) dated 05.05.2009, in the event of death /disability during service, the benefits of Invalid / Disability pension, Family pension and retirement / death gratuity were provisionally extended to NPS employees at par with the employees appointed before 01.01.2004.
Subsequently, the benefit of retirement gratuity and death gratuity has been extended to all Central Government employees covered under National Pension System (NPS) vide this Department’s OM No. 7/5/2012-P&PW(F)/B dated 26.08.2016 on the same terms and conditions, as are applicable to employees recovered by CCS (Pension) Rules, 1972.
2. References have been received in the Department seeking clarification with regard to the benefit of retirement gratuity on mobility from one organization to another organization. This matter has been considered in consultation with Department of Expenditure. It has been decided that the grant of retirement gratuity and counting of service for gratuity on mobility of an NPS Government employee may be regulated in the following manner:
- (i) On mobility from a Central Government service to another Central Government service, the service rendered in the previous Department in the Central Government shall be counted for the purpose of grant of gratuity. There shall be no sharing of gratuity liability between the two Departments of Central Government.
- (ii) On mobility from a Central Government service to a State Government service having National Pension System with provision for Retirement / Death Gratuity for its employees similar to those in Central Government, the service rendered in the Central Government shall be counted for the purpose of grant of gratuity. Same provisions shall apply ‘on mobility of an NPS employees of the State Government to Central Government Department. There shall be no sharing of gratuity liability between the Central and State Governments.
- (iii) On mobility from Central Government service to a Central or State Autonomous Body service having National Pension System with provision of retirement / death gratuity for its employees similar to that in the Central Government, the service rendered in the Central Government would be counted for grant of gratuity. The Government will discharge its gratuity liability by paying the amount of retirement gratuity for the service rendered in the Government to the Central or State Autonomous body. This procedure shall be followed mutatis mutandis in respect of NPS employees going over from one autonomous body to another autonomous body or from an autonomous body to Central Government Department / organisation both having National Pension System with provision of retirement / death gratuity for its employees similar to that in the Central Government.
- (iv) On mobility from Central Government service to a Central or State Autonomous Body or to a State Government where the provision for grant of gratuity similar to that in Central Government does not exist or to a Public Sector Undertaking, the NPS Government employees shall be granted retirement gratuity as per rule for the service rendered in the Central Government subject to the condition that the total gratuity admissible in respect of the service rendered under the Government of India and that under the later organization, shall not exceed the amount that would have been admissible, had Government servant continued in Government service and retired on the same pay which he/she drew on retirement from the later organization.
The above provisions would be applicable to Government employees covered under NPS who resign to take up with proper permission, another appointment in the Central / State Government or Central / State Autonomous body or a PSU.
3. This issues with the concurrence of Ministry of Finance, Department of Expenditure vide their U.O. Note No. 1(4)/EV/2006-II Dated 31.10.2019
4. In their application to the employees of Indian Audit and Accounts Department, these orders issued after consultation with the Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution.
5. All the Ministries / Departments are requested to bring the above instruction to the notice of all offices / field formation working under their administrative control.
sd/-
(Ruchir Mitttal)
Deputy Secretary to the Government of India
(Ruchir Mitttal)
Deputy Secretary to the Government of India
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Enhancement of family pension
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Shortcomings in the medical facilities provided by ESIC to its pensioners/ Family Pensioners
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Pensioners OWN Media BHARAT PENSIONER February Issue - 2020
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PIB Note
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central administrative tribunal Bangalore Bench dt : 18.12.2019
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Universal implementation of Court judgement to all similarly placed on attaining legal finality
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Allahabad HC Imposes Cost For Delaying Payment Of Post-Death Dues Of An Employee
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