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CHQ CONGRATULATES ALL GDS COMRADES WHO PARTICIPATED IN THE INDEFINITE STRIKE HATSOFF!

Saturday, August 29, 2009

NEWS FROM Tamil Nadu CIRCLE

NEWS FROM TAMIL NADU CIRCLE



To day the 29th August 2009 at 9.00 Hrs delegation met the Honoruable Minister for Communication and I T at Chennai. The delegation explained the payment of second installment of 60% arrears to all the Central Govt. employees whereas the ED employees in the Department of post did not receive any amount of payment due to revision of pay so far. The Honorable Minister informed us that the cabinet note sent to all Ministries on circulation. The delegation replied him that circulation has been completed and returned to Ministry of communication yesterday. The Honorable Minister assured to take speedy action to send a note to earliest immediately for approval. The delegation also pleased for payment of arrears to ED Employees in one installment for which the Minister informed that what is best possible would be done. The delegation expressed thanks to the Honorable Minister for his patience hearing. The delegation consists of Coms. N.Balasubramanian, Ex.Circle Secretary P3, C.Amirthaglingam Ex.Dy. Genl.Secretary P3, and R.Vishnudevan , Circle Treasurer, AIPEDEU, Tamil Nadu Circle. Com.R.Vishnu Devan deserves all appreciation for arraigning this meeting with the Honorable Minster with in a very very short time.



DELAY IN SETTLEMENT OF G.D.S IS THE CAUSE OF CONCERN AMONG ALL

NEWS FROM CIRCLS

 

DELAY IN SETTLEMENT OF G.D.S IS THE CAUSE OF CONCERN AMONG ALL

IT IS TOO BAD ON THE PART OF THOSE RESPONSIBLE!
RESENTMENT, PROTEST, CONDEMNATION, RESOLUTION TO DIE FOR THE CAUSE!

Dear Comrades,


Soon after hearing the news of releasing 2nd installment of arrears to Central Govt staff the frustrated GDS all over the country reacted very sharply, protested and resolved to fight to the last, till death.  Reports from Karnataka is that on 26th Aug, a massive protest demonstration was held  in front of GPO and it was resolved to commence INDEFINITE/TILL SETTLEMENT  FAST w.e.f 10.09.2009. Soon after the protest/demonstration, the leaders of Karnataka Com.K.C.Annappa, Com.S.S.Manjunath, Com.C.Ananthamurthy, Com.Rajesh, Com.C.Mahesh and others met Shri.Oscar Fernandes former minister of labour and Cong.I leader who assured immediate settlement by using his good office.  As per his advice on his return to Delhi Com.S.S.Mahadevaiah Gen.Secretary also met Shri.Oscarji and appraised him of the latest situation where the GDS are agitating all over the country.



In many parts of the country, reports still incomplete, Punjab, Gujarath, H.P. M.P, U.P. Maharashtra, Rajasthan, Assam,   etc similar protests, demonstrations and resolutions are reported.  As per the call given by the AIPEDEU/JCA protest demonstrations have been commenced from 27th Aug, 2009.  Arrangements are on to hold DHARNA on 3.09.2009 in all divisional Head quarters.



IT IS HIGH TIME THAT THE GOVT. AND THE DEPARTMENT SHOULD TAKE THE MATTER SERIOUS AND CAUSE SETTLEMENT FORTHWITH.


UTTER NEGLIGENCE, PARTISAN ATTITUDE AND DELAY IN SETTLING G.D.S ISSUES IS CONDEMNABLE.
                             

 IT IS RATHER SHAME!



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Thursday, August 27, 2009

Subject: - Revision of Pay-Scales and service conditions.

No. GDS/CHQ/01/CWC/2009 Dated: 27-08-2009


To
All Circle/Divisional/Branch Secretaries,


All CWC Members & All India Postal GDS Employees Union



Subject: - Revision of Pay-Scales and service conditions.



Dear Comrades,



We are receiving anxious queries about the progress in revision of pay scales etc. We are aware that the members are very much concerned over the delay and we are still more anxious to get suitable orders issued.
The extreme delay on the part of the Government in accepting and announcing implementation of GDS Committee Report is condemnable. The entirety of GDS Employees are agitated on the face of this unexplainable delay while the regular employees are released with their second instalment of 60% arrears amount of 6th CPC by the Government on 25th August 2009. Central Government has completely neglected 3 lakh Gramin Dak Sevaks while implementing 6th Central Pay Commission report. This grave injustice towards rural section is vehemently opposed by the union. Comrades, you are aware that the Department cancelled the leave of the General Secretary as an offensive against our struggle for our just cause. This has created great difficulty. Now, if is reported that the file is pending in the DOP&T. We are leaving no stones unturned to ensure that fair justice is done to our cadre and for this we are exerting every nerve.



The Postal Joint Council of Action comprising NFPE, FNPO and GDS Union has therefore decided to launch the following united programme of action demanding immediate acceptance by the Cabinet and release of orders for implementation of GDS pay commission. The Postal Joint Council of Action of the above organisations has also decided to resort to direct industrial action if the orders are not released before 16th September 2009.



PROGRAMME OF ACTION


1. Nationwide protest demonstrations in front of work spots


2. Mass Rally at Divisional Level on 3.9.2009.


3. March to RAJBHAWAN and submission of Memorandum to Hon'ble Governors in all State Capitals on 10.09.2009 and March to District Collectors where State level March to Governors is not feasible


4. Relay Dharna for 3 Days from 14.09.2009 to 16.09.2009


5. Direct Action will be declared by Postal JCA if GDS Pay Commission not implemented by 16th September 2009.



Kindly send your report on the programme to CHQ send protest


Fax/Telegram.


IMMEDIATE CABINET APROVAL /ORDERS ON GDS PAY, SERVICE CONDITION ETC. GRANT BONUS AT FOR WITH DEPARTMENTAL STAFF 3.500/ CEILING AND OTHER JUSTIFIED DEMANDS WITHOUT ANY FURTHER DELAY.

Name----------------


Designation


We call upon Circle/Divisional/Branch Secretaries and activists to send our protest to the Hon'ble Prime Minister, Government of India; Hon'ble Minister for Communications and I.T; Hon'ble State Minister for Communications & IT Hon'ble Labour Ministry and Secretary Department of Posts with copy by post to the CHQ. We hope this will be taken up with all sincerity and gravity.



With greetings,



Yours fraternally,


Sd/-


(S.S.Mahadevaiah)


General Secretary



Wednesday, August 26, 2009

POSTAL JOINT COUNCIL OF ACTION

POSTAL JOINT COUNCIL OF ACTION

Hold Massive protest/Demonstration/Dharna immediately (on or after 27.08.2009) in front of important offices/divisional/circle.

IN PROTEST AGAINST THIS DISCRIMINATIVE ATTITUDE, DELAY AND INJUSTIES

A MASSIVE DHARNA, DEMONSTRATION AND PROTEST SHOULD BE ORGANISED AT ALL LEVELS.

  Fax/telegram.

IMMEDIATE CABINET APROVAL /ORDERS ON GDS PAY, SERVICE CONDITION ETC. GRANT BONUS AT PAR WITH DEPARTMENTAL STAFF 3.500/ CEILING AND OTHER JUSTIFIED DEMANDS WITHOUT ANY FURTHER DELAY.

Name__________

Designation

POSTAL JOINT COUNCIL OF ACTION

 

NATIONAL FEDERATION OF POSTAL EMPLOYOEES

1st Floor, North Avenue Post Office Building, New Delhi – 110001

FEDERATION OF NATIONAL POSTAL ORGANISATIONS

T-24, Atul Grove Road, New Delhi – 110001

ALL INDIA POSTAL EXTRA DEPARTMENTAL EMPLOYEES UNION

First Floor, Padam Nagar Post Office Building,  Delhi – 110007

NATIONAL UNION OF GRAMIN DAK SEVAKS

Downhill, Malappuram, 676519 [Kerala]

                                                 

JOINT PROGRAMME OF ACTION

DEMANDING IMMEDIATE APPROVAL OF GDS PAY COMMISSION

BY GOVERNMENT

 

Dear Comrades / Colleagues!

 

The extreme delay on the part of the Government in accepting and announcing implementation of GDS Committee Report is condemnable. The entirety of GDS Employees are agitated on the face of this unexplainable delay while the regular employees are released with their second instalment of 60% arrears amount of 6th CPC by the Government on 25th August 2009. The delay even after reported submission of Cabinet Memo by the Ministry of Communications & IT is causing extreme pain and frustration amongst the entire work force of Department of Posts.

 

The Postal Joint Council of Action comprising National Federation of Postal Employees, Federation of National Postal Organisations, All India Postal Extra Departmental Employees Union and National Union of Gramin Dak Sevaks has therefore decided to launch the following united programme of action demanding immediate acceptance by the Cabinet and release of orders for implementation of GDS pay commission. The Postal Joint Council of Action of the above organisations has also decided to resort to direct industrial action if the orders are not released before 16th September 2009.

 

 

PROGRAMME OF ACTION

 

1. Nationwide protest demonstrations in front of work spots 

2. Mass Rally at Divisional Level on 3.9.2009.

3. March to RAJBHAWAN and submission of Memorandum to Hon'ble Governors in all State Capitals on 10.09.2009 and March to District Collectors where State level March to Governors is not feasible

4. Relay Dharna for 3 Days from 14.09.2009 to 16.09.2009

5. Direct Action will be declared by Postal JCA if GDS Pay Commission not implemented by 16th September 2009.

 

The Postal JCA therefore calls upon the entirety of Postal Regular Employees and Gramin Dak Sevaks to unify their ranks and launch the Programme of Action with total commitment and get ready for industrial action.

 

 

                                             sd/-                                                                                           sd/-

[D.Theagarajan]                                                       [K.Ragavendran]

Secretary General                                                      Secretary General

FNPO                                                                                             NFPE

 

 

                                sd/-                                                                                          sd/-

                                P.U.Muraleedharan                                                          S.S.Mahadevaiah

General Secretary                                                          General Secretary

          NUGDS                                                                                AIPEDEU

 



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Hold Massive protest/Demonstration/Dharna immediately (on or after 27.08.2009) in front of important offices/divisional/circle.

No.GDS/CHQ/1-5/2009        Dated: 26-08-2009

 

To,

 

All Circle/Divisional/Branch Secretaries,

All CWC Members A.I.P.E.D.E.U.     

 

Dear Comrade,

 

Hold Massive protest/Demonstration/Dharna immediately (on or after 27.08.2009) in front of important offices/divisional/circle.

 

Central Government has completely neglected 3 lakh Gramin Dak Sevaks while implementing 6th Central Pay Commission report.  This grave injustice towards rural section is vehemently opposed by the union. 

 

IN PROTEST AGAINST THIS DISCRIMINATIVE ATTITUDE, DELAY AND INJUSTIES

 

A MASSIVE DHARNA, DEMONSTRATION AND PROTEST SHOULD BE ORGANISED AT ALL LEVELS.

 

Kindly send your report on the programme to CHQ send protest Fax/telegram.

 

IMMEDIATE CABINET APROVAL /ORDERS ON GDS PAY, SERVICE CONDITION ETC. GRANT BONUS AT PAR WITH DEPARTMENTAL STAFF 3.500/ CEILING AND OTHER JUSTIFIED DEMANDS WITHOUT ANY FURTHER DELAY.

         Name__________

Designation

 

We call upon Circle/Divisional/Branch Secretaries and activists to send our protest to the Hon'ble Prime Minister, Government of India; Hon'ble Minister for Communications and I.T; Hon'ble State Minister for Communications & IT Hon'ble Labour Ministry and Secretary Department of Posts with copy by post to the CHQ.

We hope this will be taken up with all sincerity and gravity.

 

With greetings,

 

Yours fraternally,

 

S.S.Mahadevaiah,

General Secretary.

 

Further course of action will be announced shortly in consultation with others sister Unions/Federations.



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Tuesday, August 25, 2009

60 % ARREARS ORDERED BY GOVERNMENT

SECOND INSTALMENT OF PAY COMMISSION

ARREARS FOR CG EMPLOYEES ORDERED BY FINANCE MINISTRY

BY AN ORDER DATED 25.08.2009 [TODAY] THE FINANCE

MINISTRY HAS CLEARED PAYMENT OF 60% ARREARS

THE ORDERS OF THE FINANCE MINISTRY CAN

BE DOWNLOADED BY CLICKING ON THE LINK BELOW:

http://finmin.nic.in/the_ministry/dept_expenditure/notofication/second_installment.pdf


Saturday, August 22, 2009

SETTLEMENT OF G.DS ISSUES LIKELY IN THE COMING CABINET MEETINGS

SETTLEMENT OF G.DS ISSUES LIKELY IN THE COMING CABINET MEETINGS

 

Comrades, our issues are to be approved by the cabinet soon.  The note was under circulation and at any time it may be approved.  It is still waiting time we feel and hats off to you for the enormous patience exhibited so far.  We have brought in pressure and left no stone unturned for the cause of GDS who have been exploited in all corners.

 

IT IS BY OUR STEADFAST COURAGE, WILL AND UNITY WE SHALL WAIT AND GET.  FOR WE ARE NOT BEGGERS! 

 
 

TODAY GRAMIN DAK SEVAK OF POSTAL IS MORE RELEVANT THAN BEFORE, HE IS THE HOPE OF THE FUTURE.  SERVICES OF THE G.D.S IS TO BE RECOGNIZED AND COMPENSATED RATIONALLY!

 

Friday, August 21, 2009

LANDMARK JUDGMENT OF HON'BLE HIGH COURT OF PUNJAB AND HARYANA PAYMENT OF GRATUITY ACT, 1972

LANDMARK JUDGMENT OF HON'BLE HIGH COURT OF PUNJAB AND HARYANA PAYMENT OF GRATUITY ACT, 1972:- PAYMENT OF GRATUITY TO SH. AVTAR SINGH GRAMIN DAK SEVAKS (DUE TO HIS RESIGNATION).





IN THE HIGH COURTH OF PUNJAB AND HARYANA AT CHANDIGARH.



C.W.C. No. 5290 of 2009


DATED OF DECISIOIN: 01.04.2009




Senior Superintendent of Post Offices. Hoshiarpur Division, Hoshiarpur

……PETTIONER

Versus

Shri Avtar Singh and others

……RESPONDENTS

CORAM: - HON'BLE MR. JUSTICE SATISH KUMAR MITTAL

Present: Mr. Namit Kumar, Advocate,

for the petitioner.

***

SATISH KUMAR MITTAL.,J

The petitioner has filed this petition under Article 226 of the Constitution of India for quashing the orders dated 1.2.2008 (Annexure P-5) and 10.11.2008 (Annexure P-7), passed by the Controlling Authority and the Appellate Authority, respectively, whereby the application filed by respondent No.1 for payment of gratuity under the Payment of Gratuity Act, 1972 bas been accepted and the petitioner has been directed to pay an amount of Rs.43,232/- along with interest.

A perusal of the order, Annexure P-7, indicates that the authority has taken notice of a Division Bench judgment of the Court in the case of Sr. Supdt. of Post Offices vs. Smt. Sham Dulari & others (CWP No. 7576 of 2006), decided on 18.5.2006), whereupon relief has been granted to the respondents. It has further been contended that the order was challenged before the Hon'ble Supreme Court of India. The same, however, has been upheld.

Learned counsel for the petitioner has been very fair in appending the judgment passed by the Division Bench of this Court, referred to above, as Annexure P-8, reported as 2006 (3) SCT 577.

Considering the fact that learned counsel for the petitioner has not been able to distinguish the judgment of the Division Bench of this Court, no ground for interference by this Court is made out.

Learned counsel for the petitioner has raised an additional issue of delay on the part of the respondent in approaching the authorities. The issue has been dealt with in impugned order. Annexure P-5. It has been recorded that delay was caused for reasons beyond the control of the petitioner and therefore, is condoned to meet the ends of social justice. I find no reason to interfere with the said reasoning.

The petition is, accordingly, dismissed.

Sd/-

Shri Satish Kumar Mittal,

Judge

April, 01,2009

BEFPRE THE CPNTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, 1972 AND ASSISTANT LABOUR COMMISSIONER (CENTRAL), CHANDIGARH IN THE MATTER OF GRATUITY CASE FILED BY SHRI AVTAR SINGH, AGAINST THE SENIOR SUPERINTENDENT OF POST OFFICES, HOSHIARPUR.

Application No.48(9)/2007-ACH.

R.K. AGGRAWAL,

CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT 1972, AND ASSISTANT LABOUR COMMISSIONER (CENTRAL)-li

BETWEEN

SHRI AVTAR SINGH, S/O SH. JAGAT SINGH

C/O SH. R.K. SINGH PARMAR, 211-L, BRARI,

PO PARTAP NAGAR, NANGAL DAM,

DISTT. ROPAR. APPLICANT.

AND

SENIOR SUPERINTENDENT OF POST OFFICES,

DEPTT. OF POST & TELEGRAPHS,

HOSHIARPUR.. NON-APPLICANT

APPEARANCES:

SH. R.K. SINGH PARMAR, AUTHORISED REP FOR APPLICANT

SHRI HARMESH LAL, SPM GARSHANKAR AUTHORISED REP FOR NON-APPLICATN

ORDER

UNDER SECTION 7(4) OF THE PAYMENT FO GRATUITY ACT, 1972 AND RULE 11(4)

This is an application in form 'N' under sub rule 1 of the rule 10 of the Payment of Gratuity (Central) Rules, 1972 (hereinafter referred to as "The Rule") filed by Shri Avtar Singh (hereinafter referred to as the "Applicant") claiming gratuity for the period of service rendered in Sr. Superintendent of Post Offices, Hoshiarpur (hereinafter referred to as the 'Non applicant'). The applicant in his application dated 19.2.07 has prayed this authority to issue necessary directions upon the Non-Applicant to pay him due gratuity along with interest on delayed payment of gratuity. A copy of application in Form-N submitted by the applicant was sent to the opposite party for comments as well as to attend hearing on 4.4.07. The case was further heard on various dates and finally concluded on 17.12.07.

On perusal of the application, it found that the service of applicant Sh. Avtar Singh, was terminated on 29.8.05 due to his resignation. The applicant has filed the application on 19.2.07 i.e. after the lapse of about 2 years, hence, there is delay in filing of application on the part of applicant. The applicant has also filed an application dated 19.2.07 requesting this authority to condone the delay involved in the matter by submitting the reasons of delay but failed to appreciate expressively for day to day delay condonation in the matter.

The matter has been taken into the record. A notice in form 'O' was issued upon the non applicant, with the copy to the applicant, advising them to attend hearing on 4.4.07, in person or through a duly authorized representative for the purpose of answering all material question relating to the application in support of/ to answer the allegations.

The applicant during the hearing argued this authority to condone the delay involved in the matter, as he was ignorant about the provisions of law. In this connection it has been observed that there are several judgments of Hon'ble high Court and Supreme Court of the Country, which enables the applicant to get the condonation on delay being the payment of Gratuity Act is a social legislation. "The court have observed that the gratuity is social welfare legislation Workers cannot be deprived of the same merely on account of late filing of application. Discretion exercised accordingly is just and proper. No. Interference required-Textmo Limited Vs. Ramdhan 1992 (65) FLR 742 (Del)"

Under the circumstances, I find that the delay is caused beyond the control of the applicant and the matter is condonable, hence, condoned to meet the end of social justice.

The applicant in his application submitted that he has joined establishment of Non-Applicant on 2.11.76 and his services were terminated on 29.8.2005 on resignation. He has submitted that his last drawn wages was Rs. 2584/- PM including DA and he has completed 28 year 9 months and 27 days i.e. 29 years of Continuous Services in the establishment of Non-Applicant. The applicant requested to issue necessary directions upon the Non-Applicant to enable him to get gratuity alongwith interest on delay payment of gratuity.

During the course of argument in the matter, the representative of Non-Applicant informed that the applicant is not entitled to get gratuity as he was a Govt. employees. They have further submitted that the applicant is not falling within the definition of 'Employees' under Section 2-e of PG Act,1972 in the light of Hon'ble Supreme Court of India decision in case of Union of India and others Vs Kameshwar Parshad (1998) SCC(L&S) 447 in which the Hon'ble Supreme court has held that the EDA employees are holding post under Central Govt. The applicant submitted that the contention of Non-Applicant is not proportionate as he was not holding the post under Central Govt. nor the Non-Applicant has paid gratuity in accordance with the provisions of D.C.R.G. as applicable to the Central Govt. employees. The Applicant further pleaded that the Hon'ble Supreme Court of India in case of Kameshwar Parshad have not held that the EDA Employees holding posting under Central Govt. are not entitled to get gratuity under the provisions of Payment of Gratuity Act,1972.. The Supreme Court has simply held that EDA employees are Civil servant and entitled for protection under article under 311(2) of the Constitution of India. In support of his pleading, the applicant drawn the attention towards the provisions of Section 5 and 14 of PG Act,1972 by which the provisions of PG Act to over rides the provisions of EDA (Conduct and Services Rules) and nothing shall effect the right of employees to receive better terms of gratuity. The bone contention of the Non-Applicant is that the claim of applicant is not admissible under the provisions of PG Act as the applicant was not an employees within the meaning of Section 2-e of the PG Act. Moreover, the services of applicant was governed by EDA (Conduct and Services) Rules.

Under the circumstances, it is amply clear that the applicant was holding a post not Governed under CCS (Pension) Rules. The services condition of the workman was governed under the provision of E.D. Agents. The EDA (Extra Departmental Agents) no known as Gramin Dak Sevaks but the provisions of EDA (Conduct and Services) Rules are less favorable than the provisions of PG Act,1072. Under the circumstances, I am of the opinion that the applicant will fall within the ambit of Section 2(e) of PG Act, 1972. Further there is no dispute regarding the date of appointment, the date of termination and the amount of last drawn wages, as the same has been verified by the non-applicant from their official records. In view of foregoing discussion, I have no hesitation to consider that the applicant is entitled for the gratuity in accordance with the provision of PG Act,1972. The Representative of No-Applicant has also not disputed about that continuance of the service between the dated of appointment and the date of termination. The applicant is entitled for payment of gratuity as under:-

Last drawn wages 2584/-

Date of appointment 2.11.1976.

Date of terminated 29.8.2005

Total period of services 28 years 9 months & 27 days (say 29 years)

Gratuity payable @ 15 days for each completed year of service and part thereof, thus amount of gratuity will be:-

2584X15X29 =43232.30/- (Say Rs. 43232/-)

26

The applicant was thus entitled for the gratuity amounting to Rs.43232/- on the date of terminated of his service i.e. 29.8.2005.

Summing up my findings I hold that the applicant is entitled to receive the gratuity amounting to Rs.43232/- alongwith simple interest @ 10% per annum on the gratuity amount of Rs.43232/- from 29.8.2005 to the date of payment.

This is my findings and directions in this regard issued accordingly.

Issued under my hand and Seal on this day of 1-2-2008.

Sd/-

(R.K.AGRAWAL)

Controlling Authority under PG Act, 1972 &

Assistant Labour Commissioner (Central)

Chandigarh

Date 1.2.08



.