WORKING CLASS PREPARES FOR HISTORIC GENERAL STRIKE
A K Padmanabhan
THE working people of our country have by now in full gear to go on a one-day historic general strike on February 28. All sections of Indian workers, in every corner of the country, have been preparing for this united action for the last three months.
HISTORIC OCCASION
The decision to go on a day's strike, as is well known, was taken in a national convention of central trade unions and industrial federations in New Delhi on September 7, 2011. On that day, all the central trade unions recognised by the government of India came to a joint platform for the first time in the history of independent India, to announce a day's general strike. This was to press for an agreed charter of demands which covered policy issues as well as immediate demands of workers, both in the organised and unorganised sectors.
This call was fully endorsed by independent federations of those working in various sectors, like state and central government employees and teachers, bank and insurance employees, defence production, telecommunication, petroleum and natural gas, electricity employees etc.
All these organisations began vigorous preparations during December 2011. Joint meetings and campaigns began by the end of that month.
Central leaders of all trade union organisations went to various state centres and also attended sectorial meetings at the national level in order to prepare for the strike.
A meeting at Mumbai on December 30 saw the national and also state level leaders of central trade unions planning joint initiatives. When approached, leaders of Bharatiya Kamgar Sena also participated. Various sections of employees and workers joined the meeting.
STATE LEVEL CONVENTIONS
The series of state level conventions began with a successful and massive convention in Hyderabad on January 5, with more than 2500 representatives from all over the state attending it.
Dr Sanjeeva Reddy (president, INTUC), B N Rai (general secretary, BMS), Gurudas Dasgupta (general secretary, AITUC), Tapan Sen (general secretary, CITU) and other central leaders along with state leaders addressed the convention. Leaders of the Telugunadu Trade Union Council (TNTUC) also attended.
January 9 saw an open air massive convention of all sections of workers in Kolkata, calling upon the workers of West Bengal to make the proposed strike a big success. National and state leaders of all central trade unions attended the convention.
In Kerala, a massive convention was organised on January 17, in which 18 organisations, central trade unions and various state level organisations, were represented. Addressing the convention, state leaders of these organisations approved a detailed programme of campaigns all over the state, and also sectoral programmes. These included district conventions, dharnas, vehicle jathas etc.
A mass meeting at Kochi on February 1 was addressed by central leaders including Gurudas Dasgupta (AITUC), Saji Narayan (BMS), A K Padmanabhan (CITU), Chandrasekhar (INTUC) and others.
State level conventions were also held in Haryana, Maharashtra, Orissa, Karnataka, Rajasthan, Madhya Pradesh, Chhattisgarh, Bihar and Tamilnadu. All these conventions were well attended, with national and state level trade union leaders addressing them.
Reports received from various states showed that district and regional or local level conventions were also being organised in every part of the country, and that workers from various unions are participating therein with much enthusiasm.
SECTORAL PREPARATIONS
One important development is that huge preparations had been going on at sectoral level.The central trade unions organised a convention of central public sector unions at Bangalore on January 13, and it evoked response from unions all over the country. This was the first time that such a convention was organised by all central trade unions. Among those who addressed were Dr Sanjeeva Reddy, B N Rai, Gurudas Dasgupta, Tapan Sen, R A Mittal (HMS) and M Shanmugan (LPF), apart from leaders of the Joint Action Forum of Bangalore PSUs and Coordination Committee of Hyderabad PSUs.
The convention adopted a declaration, calling for massive participation of PSU workers in the strike. It was circulated among PSU workers in large numbers.
This successful initiative prompted various unions in PSUs, like coal, petroleum and natural gas, NTPC, powergrid, telecom, etc, to come together and issue joint appeals. These were signed by national leaders of industrial federations or representatives in the national level negotiating bodies.
A national convention of workers of oil and natural gas PSUs was held in Delhi on February 4. It was organised by All India Petroleum Workers Federation, National Federation of Petroleum Workers, and Petroleum and Gas Workers Federation of India. These unions served a joint strike notice on the managements of all oil and gas PSUs. Countrywide campaigns were planned.
All the five federations in the port and dock sector, including those led by the HMS, CITU, INTUC and AITUC, issued a joint statement. Joint preparations for the success of the February 28 strike followed.
Leaders of national federations in public as well as private road transport sectors met at New Delhi and issued a joint statement. Regional and zonal level preparations are also made.In the defence production sector, AIDEF, INTUC and BMS affiliated federations were jointly organising campaigns all over the country for the success of the strike.
In the telecom sector, all the workers' and employees' unions including the BSNLEU, NFTE and FNTO came together to plan countrywide campaigns to make the strike complete Sectoral conventions and meetings were also held in various states. In Kerala, a massive convention of unions in central and state PSUs was held at Kochi on February 2, where state level campaigns were planned. Similar campaigns were planned in other states also.
As has been the practice, all unions in the banking and insurance sector will participate in the strike en masse. Countrywide campaign meetings were held in these sectors.Held at Hissar in December, the national conference of the All India State Government Employees' Federation, the largest organisation of state government employees in the country, unanimously decided to participate in the strike. Its leadership at all levels has been making all necessary preparations for a successful strike.
The Confederation of Central Government Employees and Workers, representing all sections of central government employees including postal employees, has also called for turning the strike into a massive action of protest. The confederation leadership chalked out a countrywide tour programme for the campaign to ensure that the message and demands of the strike were taken down to the central government employees at all levels.
The recent united struggle of postal employees against the threat of closure of RMS and post offices in the country achieved success when the government was forced to give a written assurance not to close any office for the next three years at least, due to which the proposed indefinite strike was withdrawn. Now the postal employees' unions are fully involved in preparations for the success of the February 28 all-India general strike. Leaderships of the NFPE, FNPO and GDS unions jointly went on a countrywide campaign among the postal employees to ensure complete strike in the postal department.
A meeting of unions in the Southern Railway, including the DREU (CITU), SRES (INTUC), DRKS (BMS), AISMA, AILRSA, SRLU, SREF and others, conducted a campaign in the divisional headquarters in the zone and also among the passengers to explain the demands. Demonstrations will be held in all the divisional centres on February 28, and all workers will wear badges on the day.
Apart from posters, millions of handbills have already been circulated and more are being brought out. Wall writings are going on in various parts of the country..
Thus, with reports still pouring in from different states about the massive ongoing preparations for the strike, one may be pretty sure that the strike on February 28 will see an unprecedented participation, that men and women workers in the country will make it a historic one in all aspects. Firmly united, the working class is on the move and will be out in the streets to challenge the policies of the ruling classes.
CASUAL, PART TIME, CONTINGENT EMPLOYEE'S
CASE.
THE COMMITTEE HEADED BY CPMG ASSAM HAS
SUBMITTED ITS REPORT TO POSTAL BOARD AND THE SAME IS UNDER EXAMINATION. STAFF
SIDE HAS ALSO SUBMITTED ITS SUGGESTIONS TO THE POSTAL BOARD. WE ARE EXPECTING
THE DECISION OF THE POSTAL BOARD SHORTLY. JOINT LETTER SUBMITTED BY NFPE AND FNPO IS
REPRODUCED BELOW:
NATIONAL FRDERATION OF POSTAL EMPLOYEES
FEDERATION OF NATIONAL POSTAL ORGANISATIONS
NEW DELHI
Date- 6-02-2012
MEMORANDUM SUBMITTED TO SECRETARY,
DEPARTMENT OF POST, NEW DELHI,ON THE PROBLEMS OF CASUAL,PART TIME,
CONTINGENT & CONTRACT WORKERS IN THE DEPARTMENT FOR CONSIDERATION AND
SETTLEMENT.
The system of engaging casual laborers
is in existence in the Dept. of post even from undivided
P&T Dept. In the year 1980 order was issued by the Dept. dividing
them into different categories. They are....
1-
Those who has not completed
720 days of service in a period of 3 years @ 240 days per
year as on 1-4-1980
2-
Those who are working from 1-4-77 or
earlier and have completed 720 days as on 1- 4-80.
3-
Those who are working from 1-4-75 or
earlier and completed 1200 days service as
on 1-4-80.
The wages were fixed as follows
First category they will be paid
approved local rates.
Second category they will be paid 75% of the 1/30 of minimum of group D + DA.
Third category will be paid daily wage equal to 1/30 of minimum of group D +
DA.2
Against this discrimination in
payment of wages which is against fundamental rights NFPTE filed writ
petition No302 of 1986 on 5-2-86 in the manner of MANDAMUS to the Union
of India to direct it to pay to the petitioners same salary and
allowances and other benefits as are being paid to the regular and
permanent employees in the corresponding cadre and to direct the
Union of India to regularizes the service of casual labor who
had been continuous service more than 6 months.
The Apex Court delivered the Judgment on 27-7-1987 which directed the
Government as follows:-
Direction (1). The petitioners are entitled for the wages rates equal to the
minimum pay in the pay scale of the regular employees and workers in the
corresponding cadre including DA & ADA if any and other
benefits which are being enjoying on the date of the Judgment.
Direction (2). Directed the department to prepare scheme on a rational basis
for absorbing as far as possible those who have been
continuously working for more than one year within eight months of the
date of Judgment.
Basing on these Judgments some orders
were issued by the department.
They are-
(1) DOP no 14/8/88-PAP dated 15-6-1987.
This order allowed paid w/off if a casual labor performed duties for 6 days
2-
DOP no 2-10/88-PE dated 19-2-88
directing the authorities to create posts wherever
feasible and complete the process of absorption by
31-5-1988
3-
DOP No 17-141/88-EDC & trg. Dated 6-6-88 in these orders
instruction were issued for considering casual
labors against group D/ EDA posts. In spite of all these orders
same are not 3 being implemented at lower level and number of quires were
raised
such as Who should be treated as
casual labor? These were clarified by the department vide its order No
55-24/88 –SPB1 dated 17-3-89. This order clarified that all the casual
workers working with different names in all the offices should be treated
as casual labor only with two different names i.e. part time casual labor
and full time casual labor.
Further clarification was issued on 16-9-92 vide lr. No.45- 14/92 –SPB
1-directing the authorities to consider the PTCLs part time casual
labors] working for five hours and more should be made FTCL[full time
casual labors] by re-adjusting on combination of duties wherever
possible. In the same order it was clearly mentioned that in future no fresh CL
should be engaged
Dept. of post issued orders called as grant of temporary status and
regularization scheme w.e.f. 29-11-89 according to which CL[both
ptcl&ftcl] on the roles of the Dept as on 29-11-89 and continued
to be employed for 240 days in a year would be conferred by
the temporary status. This was further extended up to
1-9-93.
In spite of various orders mentioned above lower level authorities did not
concentrate on this issue and casual labor system was continued as it is and
engagement of new CL and contingent was also continued without following the
rules and orders.
Again in the years 2006 orders were issued by DOPT vide its memo no.
49019/1/2006-EStt.dated 11 Dec.2006 for regularization of casual labors who
were recruited in irregular manner also basing on the Supreme
Court Judgment in Civil Appeal No 3595, 3612/1999 dated 10-4-2006. But the same
was neither circulated nor implemented by the dept. of posts.
Even CAT HYD. in OA no 388 of 1998 directed the Dept. to grant the temp.
Status to PTCL also but the same was not implemented and opposed by the Dept.
and filed WP No 17048 of 2000 in AP High Court. Hon'ble High Court
dismissed the petition 4confirming the orders of the CAT on 7-9-2010. Again
dept. approached Hon'ble Supreme Court by filing SLP which was dismissed by the
Apex Court. After this much of long struggle for 15 years the Hon'ble CAT
judgment was implemented for only those who approached the CAT that
too particularly prospectively but not retrospectively.
This is the situation prevailing in the dept of post in respect of casual
labors. Even today Number of casual laborsworking from 1980 is still waiting
for their absorption.
After implementation of 6thC.P.C. to the
regular employees they have been denied of revised wages till today
on one plea or other. The benefits which have been enjoyed by the down trodden
section which are given because of the Judgment given by Apex Court on
27-7-1987 were withdrawn one by one. They are
1. Paid w/o was withdrawn on the plea of
Audit objection
2. They have been denied temporary
status
3. They have been denied identity cards
which are essential to them for performing duties.
4. They have been denied arrears of
revised wages / DA from 1-1-2006
5. Wages were not revised on par with
regular employees w. e.f. 1-1-2006
6. They are not being paid DA for the
last three years.
7. Up to implementation of fifth
C.P.C. recommendation payment of HRA & CCA was drawn with
arrears but subsequently this was withdrawn against which Hon'ble
CAT Chennai delivered Judgment to pay HRA&CCA, the same was
ratified by Hon'ble High court also but by amending the rules dept. did
not implement the Judgment and HRA&CCA was permanently withdrawn
by issuing clarificatory order in December 2010.
Keeping in view all the above, your good
self is requested to examine the situation
prevailing in respect of casual labor in
the Dept. and ISSUE
INSTRUCTIONS TO ISSUE ORDERS AND SETTLE THE ISSUES MENTIONED BELOW.
i. Immediate payment of revised wages
from 1-1-2006 along with arrears irrespective of date of entry in the
dept. which was quashed by the Apex Court in 1987
ii. All the CL either full time or part
time may be granted paid W/OFF, POH including national holidays.
iii. All the part time contingent posts
may be converted as GDS posts and the present incumbents working in that posts
may be upgraded as GDS.
iv. All other PTCL may be regularized by
issuing appointment orders so that they will get job security
v. All the PTCL may be absorbed against
MTS/GDS vacancies by implementing AP High Court Judgment in W.P. no 17048 of
2000 dated 7-9-2010
vi. The following modifications may be
made in the latest MTS recruitment rules
1. Against 25% out side quota priority may be given to eligible casual labors.
2. The condition of prior to 1993 in respect of PTCL may be removed keeping in
view AP High Court Judgment in WP NO.17048 mentioned
above.
vii. PTCL may be considered against GDS
vacancies by reiterating the DG posts order no 17-141/88-EDC&TRG
dated 6thJune 88.
viii. It may be recommended to issue
identity cards to all CL irrespective of their working hours.
ix. All the CL may be included in
provident fund, gratuity and pensioner benefits as granted to unorganized
sector workers.
x. All the welfare measures granted to
regular employees may be extended to casual labor also.
We hope that you will examine these issues with open mind keeping in view
the natural justice and fundamental rights provided in the constitution to all
the citizens of this country.
Thanking you Madam.
Yours
faithfully,
(M.
Krishnan)
(D. Theagarajan)
Secretary General
Secretary
General
(NFPE)
FNPO
