Friday, December 28, 2012
CAT ERNAKULUM BENCH JUDGMENT
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
THURSDAY THE 20TH DAY OF DECEMBER 2012
PRESENTS
Hon’ble Dr. KBS Rajan Judicial Member
AND
Hn,ble Ms. K. George Joseph Administrative Member
ORIGINAL APPLICATION NO. 1186/2012
All India Postal Employees Union, GDS(NFPE) : Applicants
R/by its Circle Secy. MS Sabu & Ors.
Versus
The Chief Postmaster General, Kerala Circle : Respondents
TVM & Ors
Mr. Vishnu S Chempazhanthiyil : Counsel for applicant
M. Varghese for Mr. Mill Dandapani, ACGSE : Counsel for Respondents.
ORDER
Admit. Mr. Varghese for Mr. Millu Dandapani, ACGSC takes notice on behalf of the respondents.
Respondents are directed to file reply statement with in four weeks time and there after two weeks time is granted to the applicant to file rejoinder, if any.
List before the Registrar’s Court for completion of pleadings on 04.02.2013. Registrar to list the case before the Court after two months including the status relating to completion of pleadings.
MA 1272/12 for joining together is allowed.
As regards interim relief, as the Counsel for the applicant submits that in respect of Group D and Postmen posts, since candidates inducted in these categories from GDS employees would not be direct recruitees, in so far as Group D and Postmen posts are concerned, these posts may not be abolished as decided by the respondents. Accordingly , the respondents shall not take further action in pursuance of the impugned order at Annexure A-5 dated 19.11.12 in respect of Group D and Postmen post without the leave of this Court.
Sd/- Sd/-
Ms. K. George Joseph S KBS Rajan
Administrative Member Judicial Member
Stamp CAT CERTIFIED TRUE COPY
Ernakulum Bench 21.12.2012
Deputy Registrar
Thursday, December 27, 2012
Wednesday, December 26, 2012
NATIONAL FEDERATION OF POSTAL EMPLOYEES
CENTRAL HEADQUARTERS,
1ST FLOOR, NORTH AVENUE POST OFFICE, NEW DELHI-110 001.
No.PF/SEMINAR/2012 24-12-2012
NOTICE FOR “SEMINAR ON POSTAL SERVICES”
It is hereby notified that an All India Seminar on Postal Services will be conducted on 19-01-2013 (19th January 2013) at Vidisha (Madhya Pradesh) at 5 PM.
Subject : “FUTURE OF INDIA POST IN THE ERA OF GLOBALISATION”
Venue : Jalori Garden, N.H.86, Civil Line,Vidisha-464001 (M.P).
All concerned are requested to attend the Seminar in time.
M.KRISHNAN,
Secretary General, NFPE.
Monday, December 24, 2012
MERRY CHRISMAS
FLASH NEWS
GDS AIC DATE CHANGED
PREPONED TO 2013 MARCH 21st & 22nd
As the Festival “HOLI” is on 27th March 2013, the dates of the 1st All India Conference of AIPEU-GDS (NFPE) has been preponed to 2013 March 21st and 22nd.
VENUE:
DHARMAPRAKASH KALYANA
MANDAPAM, CHENNAI - 600084
MANDAPAM, CHENNAI - 600084
(Chennai City)
All concerned are requested to note the change in dates. Book your up and down tickets immediately
= P. PANDURANGA RAO
General Secretary, AIPEU-GDS (NFPE)
Central Head Quarters, New Delhi.
NFPE - FNPO
DEPARTMENT OF POSTS ISSUED ORDERS
TO ABOLISH 2/3rd POSTS KEPT VACANT FOR THE YEARS 2005 to 2008
TOTAL POSTS TO BE ABOLISHED - 17093
CONDUCT PROTEST DEMONSTRATIONS IN FRONT OF
ALL CIRCLE/REGIONAL/DIVISIONAL OFFICES ON 28-12-2012
As per Government of India orders on Downsizing of Central Government Services, Screening Committee for filling up/aboliotion of posts was constituted in the year 2001 and Annual Direct Recruitment (ADR) plan was approved by the Screening committeefor each year from 2001 to 2008. Screening Committee cleared only 1/3rd vacancies for direct recruitment and balance 2/3rd posts were ablished as per its recommendations.
Accordingly Department of Posts abolished 2/3rd vacant posts from 2001 to 2004. Regarding the abolition of 2/3 rd vacant posts from 2005 to 2008, Postal Department & Communication Ministry requested Finance Ministry to grant exemption to Department of Posts from abolishing the vacant posts from 2005 to 2008, as it is an operative Department dealing with the general public and customers. 2/3rd posts earmarked for abolition from 2005 to 2008 are kept vacant (but not abolished) pending decision of the Finance Ministry.
The ban on recruitment was lifted and the Screening Committee was abolished in the year 2009. Government of India issued orders to fill up all vacant posts for the year from 2009 onwards. Accordingly, Department of Posts, issued orders to fill up all vacancies for the year 2009 and 2010. Orders are also issued to fill up all vacant posts for the year 2011 and 2012. But, at the same time, Directorate issued clear instructions to all Chief PMGs that posts kept vacant for the year from 2005 to 2008 should not be filled up under any circumstances but should be kept vacant. (for abolition).
Finance Ministry has now made it clear that no permission or exemption will be granted to any department including Department of Posts to fill up the posts kept earmarked for abolition as per the Screening Committee recommendations. Accordingly Department of Posts has now issued orders to abolish all the 2/3rd vacant posts (Total 17093 posts for four years) for the year 2005 to 2008. Cadrewise break-up figure of the posts to be abolished is furnished below:
IP Postal - 1 Driver Grade III - 14
PA Postal - 5010 Driver MMS - 84
PA SBCO - 385 Postal Accounts - JA - 125
PA CO/RO - 138 LDC - 186
PA RLO - 11 Group D - 118
PA Fgn Post - 18 Sorter - 31
PA MMS - 12 Hindi Typist -
Steno - 2
SA RMS - 1259 Steno Group C - 43
POSTMAN 3230 Jr. Hindi Translator - 8
Hindi Typist - 1
Group D Postal - 4407
Group D RMS - 1336 All others - 411
Group D MMS - 81
Group D CO/RO - 67
Group D PSD/CSD- 90
Group D Others - 24
Total - 17093
CONDUCT PROTEST DEMONSTRATIONS ON 28-12-2012
SEND SAVINGRAMS to Minister, Communications and Secretary, Department of Posts
TEXT OF SAVINGRAM
STRONGLY PROTEST THE ABOLITION OF 17093 POSTS IN DEPARTMENT OF POSTS XXX UNABLE TO MANAGE THE DAY-TO-DAY WORK XXX REQUEST TO REVIEW THE ORDERS AND RESTORE THE POSTS WITH IMMEDIATE EFFECT = .......... Branch/Divisional/Circle Secretary.
D. THEAGARAJAN M. KRISHNAN
Secretary General FNPO Secretary General NFPE
ABOLITION OF POSTMEN & GROUP –D POSTS STAYED BY CAT
As CAT and High Court of Kerala has given clear judgement that Group-D and Postmen vacancies earmarked for GDS should not be abolished under screening Committee’s 2/3 abolition from 2001 to 2008 (as it is an in service promotion to GDS and NOT Direct Recruitment) the CAT Ernakulam Bench has STAYED the implementation of recent Directorate orders abolishing vacant Postmen & Group-D posts for the period from 2005-2008 in Kerala Circle. Earlier about 413 Group –D Posts marked for abolition was also filled up as per CAT Order. Case filed by NFPE P-4 & GDS=M. Krishnan, SG, NFPE.
LABOUR LAWS APPLICABLE TO CASUAL AND SELF EMPLOYED WORK FORCE
Reliable estimates of employment and unemployment are obtained through quinquennial labour force surveys conducted by National Sample Survey Office (NSSO). Last such quinquennial labour force survey was conducted during 2009-10. As per results of the most recent survey, 15.6 per cent, 33.5 per cent and 51.0 per cent of the total work force on usual status basis was found to be engaged in regular wage/salaried work, casual labour and self employment respectively during 2009-10
The Central labour laws applicable for the casual labour in the country are broadly The Minimum Wages Act, 1948, The Equal Remuneration Act, 1976, The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, The Contract Labour (Regulation and abolition) Act, 1970, The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and The Unorganized Workers’ Social Security Act, 2008.
The Minister of State for Labour & Employment Shri K. Suresh gave this information in reply to a written question in the Lok Sabha today.
Thursday, December 20, 2012
HISTORIC PARLIAMENT MARCH ON 20-12-2012
Historic Parliament March was conducted by Central Trade Unions, Confederation of Central Government Employees & Workers, Bank, LIC, Defence Employees Federation, State Employees Federation on 20-12-2012. Protesting against PFRDA Bill, FDI, Out Sourcing, Price Rise,. About 10 lac Workers through out the country took part in the Parliament March and criticised the anti people, anti Worker and anti Farmer policies of Government of India.
PART-TIME, CONTINGENT & CONTRACT WORKERS FEDERATION DHARNA AT DAK BHAWAN
PART-TIME, CONTINGENT , CONTRACT WORKERS FEDERATION DHARNA AT DAK BHAWAN :- One day mass hunger fast was conducted in front of the Dak Bhawan by the All India Postal Casual, Part-time, Contingent & Contract workers Federation under the banner of NFPE on 19.12.2012 protesting against the abnormal delay in revision of wages of the casual labourers at par with the minimum revised pay of the Central Government employees w.e.f. 01.01.2006 and also regularization of their services. More than one hundred Part –Time Casual labours and others participated. Com. M. Krishnan Secretary General NFPE inaugurated the Dharna and elaborately spoke on Part Time Casual Labourers Committee Report and present developments in the Department of Posts. Coms. Shivnarayana G/S P-III, I.S.Dabas G/S P-IV, Giri Raj Singh G/S R-III, T. Satyanaryan G/S Postal Accounts, P.Mohan G/S Part Time Casual labour,Balwinder Singh Treasurer P-III, Jagdish Prasad Treasurer R-III, K.P.Singh AGS R-III, A.K. Gautam offg. C/S R-III and other leaders addressed the Dharna. Welcome speech delivered by Com. P.Mohan G/S Part Time Casual labour. Com Giri Raj
Wednesday, December 19, 2012
1. Standing Committee meeting of JCM Departmental Council was held on 18.12.2012 under the chairpersonship of Ms. Yesodhara Menon, Member (Personnel), Postal Services Board. All the pending items of the last JCM (DC) were discussed. Minutes will be published later.
2. JCM Departmental Council meeting will be held on 28.12.2012. Ms. Manjula Prashar, Secretary, Department of Posts and Postal Board Members will participate in the meeting. all the new items will be discussed in the meeting.
3. One day mass hunger fast was conducted in front of the Dak Bhawan by the All India Postal Casual, Part-time, Contingent & Contract workers Federation on 19.12.2012 protesting against the abnormal delay in revision of wages of the casual labourers at par with the minimum revised pay of the Central Government employees w.e.f. 01.01.2006 and also regularization of their services.
4. The Central Zone Study Camp of NFPE will be held at VIDISHA (Madhya Pradesh) on 19th & 20th January 2013. Delegates from Maharashtra, Gujarat, Mahdya Pradesh, Chattisgarh, Bihar & Jharkhand Circles will attend the camp. Circle Secretaries of all affiliated unions of NFPE are requested to depute delegates as per the quota already fixed, reproduced below
Circle
|
P3
|
P4
|
R3
|
R4
|
GDS
|
Admn.
|
Postal
A/C
|
SCBO
|
Civil
|
Casual
Labour
|
Total
|
Maharashtra
|
20
|
20
|
8
|
4
|
5
|
1
|
1
|
1
|
1
|
1
|
62
|
Gujarat
|
12
|
12
|
6
|
4
|
5
|
1
|
1
|
1
|
-
|
1
|
43
|
Madhya Pradesh
|
22
|
22
|
10
|
5
|
10
|
1
|
1
|
1
|
-
|
1
|
73
|
Chattisgarh
|
8
|
8
|
2
|
1
|
4
|
1
|
1
|
1
|
-
|
1
|
27
|
Bihar
|
10
|
10
|
5
|
3
|
5
|
1
|
1
|
1
|
-
|
1
|
37
|
Jharkhand
|
8
|
8
|
2
|
2
|
4
|
1
|
1
|
1
|
2
|
29
| |
Total
|
80
|
80
|
33
|
19
|
33
|
6
|
6
|
6
|
1
|
7
|
271
|
5. East Zone Study Camp of NFPE will be held at Guwahati (Assam) during the month of April 2013. Delegates from Orissa, West Bengal, Assam of North East will participate. Details will follow.
6. Federal Council of NFPE will be held at Hyderabad during the month of June 2013. Details will follow.
7. Postal Board has informed that the IT Modernisation Project of 5000 crores will be implemented most expeditiously and in a time bound manner. Major changes in the day to day functioning of BOs, SOs, HPOs, RMS, Postal Accounts & Administrative offices are going to take place. Details will follow.
COM. ASHA BEN JOSHI JOINS AIPEU – GDS (NFPE)
Com. Asha Ben Joshi, Former All India Vice President & Circle Secretary of AIPEDEU Gujarat Circle has joined AIPEU-GDS (NFPE) along with the entire GDS membership. She is elected as the new Circle Secretary of AIPEU-GDS (NFPE) Gujarat Circle in the Circle Conference held at Jamnagar on 16.12.2012.
During the last eight months, since the formation of the new GDS Union 70 to 100% of the GDS membership and leadership in majority of the Circles have already joined the AIPEU-GDS (NFPE). They have participated in the 12th December Strike.
In the next membership verification AIPEU-GDs (NFPE) will definitely become the only recognized union of GDS. GDS employees have lost faith in the existing recognized union as it has lost credibility by repeatedly misguiding the employees. Anti-NFPE slogan is no longer going to work.
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