ALL INDIA POSTAL CASUAL, PART TIME CONTINGENT & CONTRACT WORKERS FEDERATION, NEW DELHI

Tuesday, 13 December 2011

MEMORANDUM SUBMITTED ON THE ISSUES OF CASUAL/CONTINGENT EMPLOYEES

ALL INDIA POSTAL CASUAL, PART TIME CONTINGENT AND CONTRACT WORKERS FEDERATION

NEW DELHI.

Date- 7.12.2011

Memorandum Submitted to Sri Manojit Kumar, CPMG, Assam circle appointed as chairman of the Committee Constituted to review the wage structure of casual contingent employees and submit the proposal for regular absorption.

We the all India federation casual, contingent part time and contract workers working in Dept. of posts for favorable consideration of the committee.

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 anum as on 1-4-1980

2- Those who 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 paid approved local rates.

Second category they will be paid 75% of the 1/30 of minimum of group D + DA Third category daily wage equal to 1/30 of minimum of group D + DA.

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 feasable 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 issued for considering casual labors against group D/ EDA posts. In spite of all these orders same are not being implemented at lower level and number of quires were raised as mentioned below.

A. Who should be treated as casual labor

B. Whether casual labor engaged through employment exchange are to be absorbed or all casual labors are to be absorbed .

these were clarified by the department vide its 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 working for five hours and more should be made PTCL 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 wef. 29-11-89 according to which CL on the roles of the Dept as on 29-11-89 was continued to 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 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 confirming 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 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 labours working from 1980 are still awaiting for their absorption.

After implementation of 6^th C.P.C. to the regular employees they have been denied of revised wages even 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 and permanently withdrawn by issuing clarificatory order.

Keeping in view all the above the committee is requested to examin the situation prevailing in respect of casual labor in the dept. and recommend the following to settle the issue.

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/o,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 remove keeping in view AP High Court Judgment

vii. PTCL may be considered against GDS vacancies by reiterating the DG posts order no 17-141/88-EDC&TRG dated 6^th June 88.

Monday, 5 December 2011

TRCA TO BE DRAWN TO GDS SUBSTITUTES - CLARIFICATION BY CIRCLE OFFICE

GOVERNMENT OF INDIA :: DEPARTMENT OF POSTS

Office of the Chief Postmaster General, A.P Cirle, Hyderabad 500 001

1.The Postmaster General

Hyderabad / Kurnool / Vijayawada / Visakhapatnam

2.The Sr. Supdt. of POs

Hyd. City Dn. / Secunderabad Dn. / Hyd. South East Dn.

3.The SSRM, Hyd. Sorting Dn., Hyderabad – 27

4.The Chief Post Master

G.P.O., Hyderabad -1

No.EST / Wage Rate / DE / 09 Dated at Hyderabad-1 the 24-11-2011

Sub:- Payment of TRCA to outsiders working in the leave vacancies of GDS.

Ref:- This office letter of even no. dated 2-2-2011.

***

As per para 2.1 of Directorate letter No.6-1/2009-PE.II dated 09-10-2009 “The TRCA to GDS engaged on or after 1-1-2006 shall be fixed at the minimum of the revised TRCA slab from the date of their engagement”.

In this connection under the orders of the Competent Authority, I am directed to inform you that the minimum of the TRCA drawn by the regular incumbent which may be any of the authorized TRCA is applicable to the substitutes, but not the minimum of the first TRCA applicable to the GDSs concerned.

This is for favour of information and necessary action.

Sd.x.x.x

Asst. Director (Estt. & Inv.)

o/o Chief Postmaster General

A.P Circle, Hyderabad – 500 001.

//copy//

Wednesday, 23 November 2011

LIST OF OFFICE BEARERS

LIST OF OFFICE BEARERS ELECTED IN THE IST ALL INDIA CONVENTION OF POSTAL CASUAL,CONTINGENT,PART TIME & CONTRACT LABOUR UNION HELD ON 13^TH & 14^TH NOV 2011 AT TIRUPATHY.

PRESIDENT: COM. C.C. PILLAI, EX SECRETARY GENERAL, NFPE

WORKING PRESIDENT: COM. Y. NAGABHUSHANAM, CIRCLE SECRETARY, AP

VICE PRESIDENTS: COMS. 1. SOMNATH MUKHARJEE. WEST BENGAL

2. D. SIVAGURUNATHAN, TAMIL NADU

3. T.A. JAYANTHILAL, KERALA CIRCLE

4. T. KOTAPPA, KARNATAKA

GENERAL SECRETARY: COM. M.MOHAN, SEC, BAD DN, ANDHRA

ASST. GENERAL SECRETARY: COM. GAUTHAM KUNDAGRAMI, WEST BENGAL

TRESURER: COM. A.S. GAJENDRAN, GDS SUBSTITUTE, TAMILNADU

ASST.TRESURER: COM. N. SREE KANDAN, KERALA

ORGANISING SECRETARIES: COMS. 1. M. SURESH KUMAR, O/S, ERODE RMS, TN

2. NOOR PASHA, KARNATAKA

3. KUMAR PANKAJ, RMS GOMOH,JHAR KHAND

4. UMESH BHAGATH, BIHAR

5. K. RAMA MANI, SOUTH EAST DN, ANDHRA

6. RAJIV DEY, WEST BENGAL

7. SHRI KANTH. B. DANDGE, MAHARASTRA

8. T. ARMUGAM, RMS TP DN, ANDHRA.

IT WAS RESOLVED TO CO.OPT MEMBERS WHEN EVER NEEDED.

THIS WAS UNANIMOUSLY APPROVED BY THE CONVENTION.

REPORT ON 1st ALL INDIA CONVENTION - TIRUPATI

1^ST ALL INDIA CONVENTION OF CASUAL , CONTINGENT, PART TIME & CONTRACT WORKERS AT TIRUPATHY FROM 13^TH TO 14^TH NOVEMBER A GRAND SUCCESS.

As notified by NFPE the 1^st ALL INDIA CONVENTION OF CASUAL LABOURERS working in Department of Post was organized in befitting manner at TIRUPATHY the holy city from 13^th to 14^th November 2011 at com. K. Siddappa Nagar [rail kalyan auditorium.

On 13^th morning registration of delegates was started and continued up to 13-00 hrs. The number of delegates registered is as follows.

1. ANDHRA PRADESH CIRCLE --- 53

2. TAMILNADU CIRCLE --- -- 47

3. WEST BENGAL CIRCLE --- --- 30

4. KERALA CIRCLE --- --- --- 15

5. KARNATAKA CIRCLE -- --- -- 11

6. MAHARASTRA CIRCLE -- --- 6

7. JARKHAND CIRCLE -- -- -- 2

8. BIHAR CIRCLE -- -- -- 2

___________

TOTAL 166

___________

At 16-00 hrs MASS RALLY started from rail kalian and reached the venue of open session Com. N.appaswamy hall [TIRUPATHY HEAD POST OFFICE PREMISES] at 17-00 hrs passing through main streets of Tirupathy town in which hundreds of postal employees from various surrounding postal divisions participated. Leaders of postal and confederation Coms. M.KRISHNAN, C.C. PILLAI, K. RAGHAVENDRAN, M.S. RAJA, APPAN RAJ, T. SATYANARAYANA and CIRCLE SECRETARIES OF NFPE UNIONS participated.

OPEN SESSION

Afterwards open session was commenced which was presided by Com. Y.NAGABHUSHANAM, working chairman of Reception Committee. Com. C.Kumaraswamy Reddy general secretary reception committee invited the leaders to the dias.on behalf of reception committee chairman Sri. P. Ramachandra Reddy, former minister and MLA Punganur constituency his son Sri. MITHUN REDDY gave welcome address. Com. A.V. NAGESWARA RAO, SECRETARY, CITU AP STATE COMMITTEE ADDRESSED THE GATHERING AS CHIEF GUEST. MLC Sri. V. BALASUBRAMANYAM attended as chief guest and addressed the gathering. Com. V A N NAMBOODRI, the president BSNL CASUAL & CONTRACT WORKERS FEDERATION addressed the gathering as one of the chief guests.

Coms. C.C. PILLAI, EX SG NFPE, M.S. RAJA, SECRETARY, CCGEW, K. RAGHAVENDRAN, WORKING CHAIRMAN CCGEW&EX SG NFPE, M.KRISHNAN SG NFPE, T. SATYANARAYANA, and GS AIPAEA addressed the gathering. Coms. APPANRAJ, GS, AISBCOEU, GOPALAKRISHNAN, WORKING PRESIDENT PIII, RAGHUPATHY, ASST, SG NFPE and all CIRCLE SECRETARIES OF NFPE unions AP circle were present on the dais. Com. K. ramachandram, CS AIPAEU readout the message from Com. PRANAB BHATTACHARYA, GS Admn. Union. Session ended with vote of thanks by Com. N. Sridhar branch secretary RIII TIRUPATHY BRANCH and secretary reception committee.

14-11-2011

The historic convention commenced at 10-00 am sharp which was presided by com. Y.Nagabhushanam. Few minutes silence was observed by the house in memory of com. M.K.PANDHEY the veteran trade union leader who worked in various capacities in CITU and others who passed away recently.

The convention was inaugurated by Com. M. Krishnan Secretary General NFPE and addressed by Coms. APPANRAJ, GS,AIPSBCOEU, GOPALA KRISHNA,WORKING PRESIDENT PIII, SK. HUMAYUN, PRESIDENT P4,P.PANDU RANGARAO, AGS,AIPEDEU,R.SIVANNARAYANA,Dy.GS, PIII, DASV PRASAD ,CS PIII & CONVENER NFPE CIRCLE COORDINATION COMMITTEE& MNV RAO, LEADER, RJCM, AP CIRCLE addressed the convention.

Coms. CC PILLAI, K. RAGHAVENDRAN, T.SATYANARAYANA, RAGHUPATHI and CIRCLE SECRETARIES Coms. R.J. MADHUSUDAN RAO CS RIII & Y.BHOOMESWAR CS R4 WERE ALSO ADDRESSED THE SESSION.

Nearly 35 delegates participated in the discussions from all the states.

Afterwards the name of the union which was proposed as

“ALL INDIA POSTAL CASUAL,PARTTIME,CONTINGENT & CONTRACT WORKERS FEDERATION “

by Com. M.KRISNAN was unanimously approved by the house.

Along with that the following were approved by the house.

1. THE BYE LAW

2. THE FLAG OF THE UNION AS RED FLAG 3.RESOLUTION ON THE DEMANDS AND PROGRAMME OF ACTION.

PROPOSED PROGRAMME OF ACTION

1. HUNGER STRIKE BY ALL GENERAL SECRETARIES BEFORE DIRECTORATE

2. HUNGER STRIKE BY ALL CIRCLE SECRETARIES BEFORE CPMG OFFICES

3. DATES OF THE PROGRAMME WILL BE ANNOUCED LATER

OFFICE BEARERS WERE ELECTED UNANIMOUSLY BY THE HOUSE.

[List enclosed]

It was also resolved to co opt some more office bearers from the circles as per the requirement later when ever needed.

The convention was concluded after vote of thanks by Com. T. ARMUGAM, D/S CASUAL UNION, TP DN& Dy.GENERAL SECRETARY RECEPTION COMMITTEE

HISTORY OF CASUAL LABOUR SYSTEM IN DOP - NOTE SUBMITTED IN 1st ALL INDIA CONVENTION AT TIRUPATI

HISTORY OF CASUAL LABOUR SYSTEM IN DEPARTMENT OF POSTS

OUR TASK. NOTE SUBMITTED IN IST ALL INDIA CONVENTION AT TIRUPATHY FROM 13^TH TO 14^TH NOVEMBER 2011.

Y.NAGABHUSHANAM

Circle Secretary

AP Postal Casual labour union

Email:yn.krishna@yahoo.in

The system of engaging casual labour is in existence in the dept since undivided P & T department. Due to many struggles by the then NFPTE organizationally and legally in the year 1987 Honorable Supreme Court intervened and gave a land mark judgment on how wages are to be paid and regularization has to be made. Basing on that department of personal & training issued orders. Even before the judgment DOPT issued orders vide OM no 49014/18/84-esstt (C) dated 7-5-85 for one time relaxation to absorb casual labour against regular group D vacancies even though they were not recruited through employment exchange and also made it clear that future engagement should be through employment exchange only. In spite of this engagement of new casual labours is continued with out adhering to the conditions laid down by the DOPT.

After the supreme court verdict department of posts issued an order vide no 65-24/88-spb I dated 17-5-89 declaring all mazdoors, casual labours, contingent paid staff daily wager, daily rated mazdoor and outsiders are to be treated as casual labours. It was clarified in the same order that those who work for not less than 8 hours a day are full time casual labours and those who work less than 8 hours are part time casual labours. These casual labours will have priority in absorption as group D after the non test category group D and extra dept agents. The eligibility criterion was fixed as 240 days engagement in a year for full time casual labours and 480 days engagement in 2 years for part time casual labours. In spite of this orders the regularization of full time and part time casual labors was not done in many divisions.

The issue of regularization of full time casual labours as group D was a demand fought by the P&T trade union movement i.e. NFPTE for a long time. The dept of posts again issued an order called as ‘‘grant of temporary status and regularization scheme” in the year 2001. The scope was further increased vide orders dated 1-11-95 extending the eligibility date from 29-11-85 to 10-9-93. After granting temporary status and working for 3 years in that status they will be treated on par with temporary group D even though group ‘D’ posts are not in existence.

The Para 1 of the dept of posts orders dated 12-4-91 states that temporary status would be conferred on those who have rendered continuous service of at least one year with 240 days (206 days in administrative offices) is taken as one time measure by the authorities to deny other casual labors who complete this conditions as and when they could get 240 days of engagement in a year subsequent to issue of these orders. This interpretation is arbitrary and unjustified. Because of this interpretation thousands of full time /part time casual labors who have completed this condition in subsequent years are not allowed to be conferred the temporary status and the consequential benefits due to lack of vacancies even though temporary status was conferred they could not be regularized. As per the earlier orders of the dept of posts the part time casual labours who have rendered 480 days in 2 years are to be converted into full time casual labours. This benefit is taken away by the dept in the subsequent orders there by they were denied of temporary status and consequent benefits. But dept of telecommunications extended the scheme and implemented in 1997 but similar extension is not allowed in the dept of posts so far even though both are under the same ministry of communication and IT.

Subsequently Honorable CAT Hyderabad in OA no 389 delivered judgment to grant temporary status to all those FTCLs who completed 240 in a year and PTCLs who completed 480 days in 2 years. But dept approached Honorable Ap High Court and the High Court upheld the decision of the honorable CAT in its judgment on 8^th September 2010 by dismissing their writ petition filed by the dept. but till date the same is not been implemented resulting in compulsion on the casual labors to file deformation suite. After filing deformation suit hurriedly department approached hon’ble supreme court and filed SLP WHICH WAS DISALLOWED by the apex court. After such hectic continued process only department granted temporary status to those employees who won the case. This clearly shows how department is adamant towards casual labor working in the department and dealing the issue of casual labours.

Wages : As per the directions of the honorable supreme court vide its verdict in 1987 the wages of part time/ full time casual labour are to be revised from 1-1-2006 i.e. from the date of effect of implementation of 6^th pay commission report to regular employees. But orders were issued for revision of wages of casual labours who were conferred with temporary status but even though a long gap is there orders were not issued in respect of full / part time casual labours. in some circles even payment of DA to the contingent employees on pre revised wages which was paid regularly was stopped in the name of clarification from directorate. Payment of arrears file is tossing from one section to other on the plea of not receiving the information from circles.

Instead of issuing orders for revision of wages all of a sudden one order were issued to all cpm’sg to out source these cadres. This is nothing but violation of fundamental rights given by the constitution of India and naked violation of honorable apex court full bench judgment. Against this immediately NFPE responded and gave a programme of call attention day on 10-2-2011 and chelo cpmg office on 03-03-2011. Directorate issued modification order restricting this to only administrative offices. On the immediate intervention of NFPE only this was stopped.

Daily rated mazdoors: a new section of casual employment called as daily rated mazdoors came into existence in the department of posts. They are employed in mail business centers i.e. almost in every mail offices and for clearing the arrears of data entry. They are attending to the duties of Pas and SAs i.e. sorting of letters, booking of speed post articles and data entry. No uniform procedure is being followed through out the country in respect of their wages. A uniform rate has to be fixed through out the country.

Keeping in view the above situation the FOLLOWING issues are to be highlighted for early settlement along with the issue of implementation of revised wages from 1-1-2006

Issues

1) Revision of wages of all full time / part time casual labours and payment of arrears from 1-1-2006.

2] The condition of 1-9-93 in respect of FTCL / PTCL for absorption against the vacancies of MTS has to be removed keeping in view the AP HIGH COURT judgement which stated clearly that all PART TIME CASUAL LABOURS WHO WORKED FOR 480 DAYS IN TWO YEARS SHOULD BE TREATED AS TEMPORARY STATUS CASUAL LABOUR FOR THE PURPOSE OF ABSORPTION WITH OUT ANY CONDITIONS THOSE WORKING UPTO 2010.

3] Fixing of uniform rates to daily rated mazdoors who are attending to the duties of PA /SA on the minimum of their pay.

4] Ftcl/ptcls are to be given priority against gds vacancies before giving open notification honouring the assurance given by the department at the time of discussions on strike charter.

5] All the posts of PT CONTINGENT be converted as GDS and the present employees working in those posts may be absorbed as one time measure to settle the issue permanently.

6] No new casual labor be engaged further and no out sourcing in the department.

The number of casual workers is increasing day by day due to the policy of privatization in every sector including central govt organizations. It is the duty of the organized working class to organize these sections and bring them into the working class movement. Confederation of central govt employees and NFPE took a decision to form casual labours union. Still many circles are lagging behind in forming state level organizations. Till now in west Bengal Andhra Pradesh Kerala and Haryana circles state level units were formed. In some circles like Tamilnadu efforts are going on. Nfpe federal executive decided to conduct ALL INDIA CONVENTION at TIRUPATHY to form ALL INDIA UNION so that the process of forming state level committees will be speeded up and the most down trodden will be brought under the banner of NFPE. Unless circle unions of nfpe took steps effectively the task will not be completed. Hence all the circle co ordination committees of the circles are requested to take it as a serous task and circle unions may be formed and brought under the banner of NFPE to strngthen the working class movement in DEPARTMENT OF POSTS..

With out full filling this task we cannot achieve the objective of united strength in postal wing which is the only way for settlement of demands of entire postal workers.

Casual Labours Union Zindabad

Nfpe zindabad

Workers Unity Zindabad