Friday, September 18, 2009

Monday, September 14, 2009

Circular No.35

CONFEDERATION OF CENTRAL GOVERNMENT

EMPLOYEES AND WORKERS.

Manishinath Bhawan A-2/95 Rajouri Garden

New Delhi. 110 027.

Website: confederationhq.blogspot.com.

E mail. Confederation06@yahoo.co.in

D/11/35/2009.

Dated: 14th September,  2009.

 

Dear Comrade,

 

            The National Executive of the Confederation met on 13th September, 2009 as notified. The meeting commenced after observing two minutes silence in memory and to pay homage to Shri Y.S. Rajasekhara Reddy, Chief Minister of Andhra Pradesh who died in the Helicopter accident and to all those comrades who passed away during the interregnum period. The decisions taken at the meeting agenda-wise are as under. 

 

(a)    National Council meeting and related issues.

The Secretary General had reported that the tenure was to end by September, 2009 and the next Conference must be held within the next three months as per the provisions of the Constitution. The meeting considering the report of the Secretariat decided to extend the tenure of office by three months.

The triennial National Council meeting will be held on 4th,5th and 6th December, 2009 at New Delhi.  The inaugural session will commence at 2.30 PM on 4th (Friday) and shall be concluded by 6.30 PM.  Business session will commence on 5th at 10.30AM and the conference will be concluding its deliberations on 6th by 5.30PM.  The inaugural session will be participated and addressed by all the Central T.U. representatives, all affiliates of the TUI-PAE in Indian Sub-continent, Sri Lanka, Japan and Vietnam. The TUI General Secretary will also be invited to address the inaugural session.  The Secretariat will interact with the COC Delhi to form a Reception Committee and work out other details. 

(b)   Amendments to Constitution:

The National Executive after deliberations decided to place the following amendments to the Constitution.

(i)                  Article 8 will be replaced with the following:

Management:

The management of the Confederation shall be vested in the following bodies.

(a)    The National Conference, which shall meet once in three years. In exceptional Circumstances, the tenure may be extended by three months by the National executive.

(b)   The National Council, which shall ordinarily meet once in a year.

(c)    The National Executive which shall meet at least once in four months.

(d)   The Secretariat (which shall consist of office bearers and the elected executive committee members)  shall meet as frequently as considered necessary (with the available members at the CHQ and those who can attend the meeting at short notice) to discuss important and urgent matters.

The National Conference: Powers and duties: (as is prescribed in the extant provisions of the constitution pertaining to National Council).

Composition of the National Conference.

The National Conference shall consist of:

(a)    the Office bearers and National Executive Committee members (i.e. the Secretariat)

(b)   National Council members

(c)    Delegates elected and nominated by the affiliates on the basis of the strength of membership as specified hereunder:-

Strength of membership                                     No. of delegates:

Upto 250                                                                     1

From 251 to 500                                                          2

From 501 to 1000                                                        3

From 1001 to 5000                                                      4

From 5001 to 10000                                                    6

From 10001 to 20000                                                  8

From 20001 to 50000                                                  12

For every 10000 members exceeding 50,000 one additional delegate for every 10,000 members subject to a maximum of 20.

 

Article 13. will be replaced with the following:

The expenses of the delegates/Councilors/NE members/Office bearers shall be borne by the respective affiliates of which he is a primary member, except of the President and Secretary General. The expenses of the President and Secretary General will be met out of the funds of the Confederation.

                        Article 14. will be replaced with the following.

The National Council, Powers, function and composition.

It shall review the activities and functions of the National executive and shall take such decisions as are necessary but not inconsistent with the directives, policies and decisions taken by the National Conference. The decisions of the National Council will be binding on the National executive.  The National Council shall consist of

(a)    Office bearers and National Executive Committee members;

(b)   The Chief Executives (General Secretary or Secretary General as the case may be) of all affiliated Associations/Unions (in the case of NFPE, the Chief executives of all its affiliates Unions/Associations. Viz Postal 3, Postal 4, RMS 3, RMS 4 and Postal Administrative and Accounts Associations/Unions)

(c)    The Secretaries of all State COCs who have paid Rs. 5000/- p.a as subscription to the Confederation CHQ.

Article 15 will be replaced as under:

Powers, functions, duties and composition of the National Executive.

In between the sessions of the National Conference,  the National Executive shall exercise all powers of the National Conference except as speciried under specific powers in article (a) to (d) of Artcle 8.  It shall however be competent to take decisions on all matters not contrary to the decision of the National Conference and the National Council. It shall have the powers to fill up the vacancies of office bearers.  The National executive shall consist of office bearers elected at the National Conference  and executive committee members nominated by each affiliate in the manner specified hereunder:

 

            NFPE =           5

            Other affiliates  having membership strength exceeding 5000 = one each.

(b) Voting in National executive.= Each members shall carry one vote.

 

(c.)              Financial position and subscription dues:

It was decided that the Secretariat should once again circulate the details of membership of each affiliated Association/Union (as declared earlier) and permit them to correct the declared membership and pay the arrear dues.   Payment of subscription dues will be received by the CHQ up to 30th October, 2009.  The number of delegates on the basis of the paid up membership to be assigned to each affiliate will be notified by 10th November, 2009.

(d.)             JCM functioning and common issues:

The resolution adopted at the meeting after discussion is annexed.  The following programme of action has been decided to be carried out.

(i)                  to organize meetings in front of all offices and other campaign programmes like issuance of leaflets etc. to popularize the following demands  and adopt the resolution demanding the convening of the Departmental Council of the respective Ministries/Department.  This should be carried out by all affiliates and its units and branches during September and October, 2009. The resolution adopted in this regard to be sent to the concerned Secretary of the respective Ministries/Department with a copy to the Confederation CHQ.

(ii)                To organize a human chain on 25th November, 2009 in all Cities/Towns by eliciting massive participation of the members. The human chain should preferably connect two Central Govt. offices as is chosen by the concerned COCs.  The human chain is to be organized to project the following demands as detailed in the annexed resolution.

Demands:

(a)    To reduce the price of all essential commodities.

(b)   To rescind the orders on outsourcing of Governmental functions and closure of offices

(c)    To fill up all vacancies of Group D posts by regular recruitment and stop contracting out the Group D functions and employing daily  rated/casual workers to carry out the Group D functions;

(d)   Remove the condition imposed on employees who are recruited after 1.1.2004 to draw the 60% arrears (viz. the compulsory filing of application for registration to NPS)

(e)    To rescind the decision to replace the CGHS and Medical facilities by Medical Insurance scheme without causing any discussion in this regard with the Staff Side.

(f)      To restore the Departmental Council functioning in all Ministries/Departments and ensure that the meetings of the Councils are held once in every four months. Convene the meeting of the Anomaly committees to discuss and settle the issues.

(e.)              Reporting of the Conference of the TUI PAE held at Brasilia.

The Secretary General briefly reported of the proceedings of the TUI Conference held at Brasilia in Brazil.  The house noted with appreciation that the Secretary General of the Conference has been elected as the Vice President of TUI- PAE.

(f.)               14th September, TU Convention.  The meeting decided to depute the following comrades to attend the Workers Convention organized jointly by all the Central Trade Unions in the country.  The meeting also decided to carry out the programme chalked out by the Convention.

Com. S. K. Vyas. President, Com. K.K.N. Kutty. Secretary General, Com. M.S. Raja, Secretary and Com. K.Raghavendran, Secretary General, NFPE.

                  Copy of the declaration adopted at the Convention is annexed. Please ensure that the representatives of the COCs participate in the State level convention of the workers and the protest day programme slated for 28th October, 2009.

 

(g)          Any other matter with the permission of the Chair.

It was decided that the Confederation will write to the Cabinet Secretary, on (i) the non functioning of the JCM fora  (especially the National Council, Standing Committee and the National Anomaly Committee) (ii) to the Director CGHS to restore the emergency consultation facility in CGHS dispensaries and (iii) to place the copy of all important correspondence with the authorities on the website of the Confederation.

 

      With greetings,

 

Yours fraternally,

 

 

K.K.N. Kutty

Secretary General

 

 

 

 

Resolution adopted at the National Executive Committee meeting of the Confederation held at New Delhi on 13th September, 2009.

 

The National Executive of the Confederation which met today on 13th September, 2009 unanimously adopted the following resolution.

 

(i)      It regretfully notes that the 2nd tier of JCM  fora i.e. the Departmental Council in most of the Ministries/Departments have either not been set up after 1995 and if in existence are as good as defunct.  As per the scheme, Departmental Councils are to meet once in four months.  This requirement is not being implemented wantonly with the result  that the Staff grievances have remained  unsettled for long time giving room to  discontent and agitation;

ii)                   While issuing orders to pay 60% of arrears on account of revision of pay it has been stipulated that in the case of those employees recruited after 1.1.2004 that the same should be paid only after obtaining the application for registration to NPS.  This is not only uncalled for, but also an illegal condition, which should be withdrawn.

iii)                 There has been unprecedented rise in price of all essential commodities which has severely reduced the purchasing power of the workers/employees income. It has affected the common people to the brink of extreme poverty.  The meeting noted that the incessant rise in inflation of food articles is due to the following policies of the government and demand reversal thereof immediately.

(a)    the pre budget hike in the prices of petrol and diesel;

(b)   the refusal to ban futures trade in essential commodities;

(c)    weakening the public distribution system making cut up to 73% in the allocation of food grains to the States;

(d)   granting permission to export to sugar lobbies and causing shortages and high  prices;

(e)    failing to ensure self sufficiency in the production of a range of crops, including cereals, sugarcane, pulses and oil seeds, thus causing shortages, high prices and dependence on imports.

            (f) the unwillingness on the part of the Govt. to deal with hoarders severly;

(iv)              despite the lifting of the ban on recruitment, no action has been initiated in the direction of filling up vacancies; in the case of vacancies in Group D Cadre, casual/contingent employees are being recruited/ the functions are contractorised; despite the Supreme Court directive and the orders issued by the Government, the casual workers who have completed ten years of service in many of the Government departments are not regularized; the employees with temporary status are not given the revised pay on 6th CPC rates and the virtual freezing of regular employment in Group D posts continues unabated;

(v)                While all allowances were revised with effect from 1.9.2008, the medical allowance for pensioners continue to be the paltry amount of Rs. 100/p.m. on the plea of the introduction of the so called the Medical insurance Scheme.  The scheme is being introduced without causing any discussion with the staff side and inspite of the repeated opposition from all concerned only to help the foreign Multinational Insurance Companies to have business at the cost of poor employees and pensioners;

 

            In the light of the above, the National Executive has decided to call upon all affiliates and their members to organize the following programme of action.  It also direct the Secretariat to convey to the Cabinet Secretary, the discontent and  agitation of the employees and demand settlement of the issues immediately.

 

(i)                  to organize meetings in front of all offices and other campaign programmes like issuance of leaflets etc. to popularize the following demands  and adopt the resolution demanding the convening of the Departmental Council of the respective Ministries/Department.  This should be carried out by all affiliates and its units and branches during September and October, 2009. The resolution adopted in this regard to be sent to the concerned Secretary of the respective Ministries/Department with a copy to the Confederation CHQ.

(ii)                To organize a human chain on 25th November, 2009 in all Cities/Towns by eliciting massive participation of the members. The human chain should preferably connect two Central Govt. offices as is chosen by the concerned COCs.  The human chain is to be organized to project the following demands as detailed in the annexed resolution.

Demands:

(a)    To reduce the price of all essential commodities.

(b)   To rescind the orders on outsourcing of Governmental functions and closure of offices

(c)    To fill up all vacancies of Group D posts by regular recruitment and stop contracting out the Group D functions and employing daily  rated/casual workers to carry out the Group D functions;

(d)   Remove the condition imposed on employees who are recruited after 1.1.2004 to draw the 60% arrears (viz. the compulsory filing of application for registration to NPS)

(e)    To rescind the decision to replace the CGHS and Medical facilities by Medical Insurance scheme without causing any discussion in this regard with the Staff Side.

(f)     To restore the Departmental Council functioning in all Ministries/Departments and ensure that the meetings of the Councils are held once in every four months. Convene the meeting of the Anomaly committees to discuss and settle the issues.


NATIONAL CONVENTION OF WORKERS.

14th September, 2009

Mavalankar Hall

New Delhi.

 

D e c l a r a t i o n

 

            This National Convention of workers held on 14th September, 2009 at Mavalankar Hall, New expresses serious concern over:

 

Rising prices of the essential commodities including food grains and vegetables creating severe hardships for the mass of the people;

 

Continuing job losses resulting in loss of livelihood to millions of the workers across the sectors owing to recession and economic slow down

 

Non implementation of and rampant violation of basic labour laws pertaining to minimum wages, working hours, social security, safety in workplace and trade union rights etc. throughout the country addiing to the suffering of the entire toiling people;

 

Extreme inadequacy of the provisions and scheme under the unorganized workers social security Act 2008 to provide any substantive relief to the vast multitude of unorganized sector workers including the contract workers owing to the restrictive provisions under the schemes  and absence of any National Fund for the unorganized sector (NAFUS) as recommended by the National Commission on enterprises in unorganized sector (NCEUS) and Parliamentary Standing Committee on Labour

 

Move the Govt. for disinvestment of shares in profit making Central Public Sector enterprises.

 

            The National Convention urges upon the Government to take urgent remedial/corrective measures to address the aforesaid concerns of working people effectively so that

 

Price rise of essential commodities is contained through appropriate corrective and distributive measures like universal PDS and containing speculation in commodity market;

 

Concrete proactive measures are taken for the linkage of employment protection in the recession stricken sectors with the stimulus  package being offered to the concerned entrepreneurs and for augmenting public investment in infrastructure;

 

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

 

Steps are taken for removal of all restrictive provisions bases on poverty line in respect of eligibility coverage of the schemes under the unorganized workers social security Act 2008 and creation of National Fund for unorganized sector to provide for a National Floor level Social Security to all unorganized workers including the contract/casual workers in line with the recommendation of National Commission on enterprises in Unorganized Sector and Parliamentary Standing Committee on Labour.

 

Disinvestment of shares of Central Public Sector enterprises (CPSEs) is not resorted to for meeting budgetary deficit and instead their growing reserve and surplus is used for expansion and modernization purposes and also for revival of sick public Sector undertakings.

 

            The National Convention adopts the following programmes to highlight the above burning issues facing the working people;

 

                        State Level Joint Conventions

                        To observe All India Protest Day on 28th October, 2009.

 

            The National Convention calls upon the workers and employees and their unions irrespective of affiliations to unitedly highlight their concern over the above mentioned burning issues facing them.  The Convention also appeals to them to participate in  the joint programmes of the trade union en masse to press for the above mentioned demands before the govt.

 

BMS               INTUC                        AITUC                        HMS               CITU               AIUTUC         TUCC             AICCTU                     UTUC                       

Copy of Confederation's letter dated 25th August, 2009 addressed to the Secretary, Expenditure, Ministry of Finance, Govt. of India.

D/16/2009,.

Dear Madam,

 

Sub: Implementation of New Pension Scheme. Pre condition for release of 2nd instalment of arrears of 6th CPC recommendations.

           

            We solicit your kind reference to the O.M.No. 1(2) E.V/2008 dated 17th August, 2009 on the above subject. 

            It has been stipulated in the said order that the release of 2nd instalment of 6th CPC related arrears (60%) in the case of employees who are covered by the new contributory pension scheme would be subject to their filing application for registration to NPS. We feel that the payment of arrears being mandatory to all Central Government employees as and when the Government takes decision to release funds, the condition stipulated in the above cited order is not only uncalled for but also untenable.  Irrespective of the fact whether they would like to subscribe to the new scheme of pension or not, the amount of contribution is being deducted from their salary every month, even though the PFRDA bill is still awaiting assent of the Parliament.  We, therefore, request that the above cited order may kindly be caused to be withdrawn.

 

            Thanking you,

 

Yours faithfully,

 

 

K.K. N. Kutty

Secretary General.

 

Copy of Confederation's letter addressed to the Director, CGHS, Nirman Bhawan, New Delhi. Dated 14th September, 2009.

D/16/2009

 

Dear Sir,

 

                                    Sub: Restoration of Emergency consultation facility at

                                    CGHS Dispensaries.

It has been brought to our notice by our affiliated organizations that direction have been issued by your office to the CGHS dispensaries located outside Delhi to discontinue the emergency CGHS facilities in those towns/Cities. This direction has put the beneficiaries to insurmountable difficulties.

Consequent to this decision the patients with minor health problems but require urgent medical treatment are to go to Govt. hospital, and incur expenses  on medicines etc. They are then to seek reimbursement thereof which involves procrastinated procedural formalities. Besides causing avoidable inconvenience to the beneficiaries this new procedure adds only additional work burden at the field offices of CGHS . In any case, withdrawing existing benefit especially in  the background of the introduction of an increased subscription rates is not desirable.

            We, therefore, request you to kindly restore the emergency CGHS facilities at all the existing dispensaries.

            Thanking you,

 

Yours faithfully,

 

 

K.K.N. Kutty

Secretary General. 

 

Placed hereunder are the photos depicting the view of the audience at the National Convention of Workers held at Mavalankar hall on 14th September, 2009 at New Delhi.  The Second photograph is of the Confederation delegation consisting of Com. S.K. Vyas, Com. K.K.N.Kutty, Com. M.S. Raja and Com. K. Raghavendran attending the convention.