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Monday, December 15, 2014

CIRCULAR - 29/2014

15/1089-90, VASUNDHARA, VASUNDHARA (P.O.), Dt. GHAZIABAD (U.P), PIN-201012
Reference: AIA/Circular-29/2014                                                          Dated:  14th December 2014

To
Unit Secretaries,
Members & Spl. Invitees – NE &
Members of Women’s Committee

Dear Comrades,
NATIONAL CONVENTION OF PARTICIPATING ORGANISATIONS IN JCM DECIDES FOR SERIES OF ACTIONS CULMINATING IN INDEFINITE STRIKE

The National Convention of JCM participating organisations held at MPCU Shah Auditorium, civil Lines, Delhi on 11th December 2014 was historic in the sense that all the participant organisations were one in its resolve that it is the time for ‘fight or perish’.

The Convention was attended by nearly 800 representatives from AIRF, NFIR, AIDEF, INDWF and Confederation (including NFPE) and FNPO.

The decision to allow 100% Foreign Direct Investment (FDI) in Railways and 49% FDI in Defence, proposed corporatisation and subsequent privatisation of Postal Service, the decision to close down Govt of India Presses and Medical Stores Depot combined with the changes that are in air regarding the retirement age and pension, ban on recruitment and creation of posts, the move to slow down the working of 7 CPC, denial of Interim Relief (IR) and merger of 100 % DA all are clear indication of the “Good Days (Achche Din)” that are in store for the central and state government employees.

The Convention on 11th December by the participating organisations in the National Council (NC), Joint Consultative Machinery (NC, JCM) was unanimous on the urgent need to resist and defeat these policies. The Convention adopted a declaration with a charter of demands and programmes of action that would culminate in an indefinite strike. The Convention further decided to pre-pone the strike action, if the need so arises due to the moves of the government.

The Charter of Demands and the programmes of action decided by the Convention is given below:

C H A R T E R   O F   D E M A N D S

1.      Effect wage revision of Central Government employees from 1.12014 accepting the memorandum of the staff side JCM; ensure 5-year wage revision in future; grant interim relief and merger of 100% of DA. Ensure submission of the 7th CPC report with the stipulated time frame of 18 months; include Grameen Dak Sewaks within the ambit of the 7th CPC.  Settle all anomalies of the 6th CPC.
2.      No privatisation, PPP or FDI in Railways and Defence Establishments and no corporatisation of postal services;
3.      No Ban on recruitment/creation of post.
4.      Scrap PFRDA Act and re-introduce the defined benefit statutory pension scheme.
5.      No outsourcing; contractorisation, privatisation of governmental  functions; withdraw the proposed move to close down the Printing Presses; the publication, form store and stationery departments and Medical Stores Depots; regularise the existing daily rated/casual and contract workers and absorption of trained apprentices;
6.      Revive the JCM functioning at all levels as an effective negotiating forum for settlement of the demands of the CGEs.
7.      Remove the arbitrary ceiling on compassionate appointments.
8.      No labour reforms which are inimical to the interest of the workers.
9.      Remove the Bonus ceiling;
10.   Ensure five promotions in the service career

P R O G R A M M E   O F   A C T I O N

1.      Organise State/District/Divisional level Joint convention to popularize the declaration before February, 2015.
2.      To organize massive dharna/rally at all State Capital/major Defence centres jointly by all the participating Unions in March, 2015.
3.      To organize campaign fortnight throughout the country in the first two weeks of April, 2015.
4.      To organize Rally before the Parliament house in the month of April when the house will be in budget session to declare the date for the commencement of the indefinite strike action and the programme and date of serving strike notice.
The Convention decided to form National Joint Council of Action with 14 members representing all the Federations/Confederation and elected Shri M Raghavaiah as Chairman and Shri Shivgopal Mishra as Convener of NJCA. The Circular as well as the Press Statement issued by the Convener, NJCA and the declaration adopted in the Convention as enclosed with this Circular.

The National Executive of the Association that met at New Delhi on 11, 12 and 13th December 2014 welcomed the decisions taken at the National Convention by the JCM participating organisations and called upon the Units to carry the message of the 11th December Convention to the mass of employees and mobilise the rank and file for the bitter but united struggles  in the days to come.

20 delegates representing the All India Audit & Accounts Association attended the Convention,

RUMOURS ARE NOT TO BE IGNORED; IT MAY BE FOR REAL

The HQr is flooded with queries on the issue of reduction in retirement age, reduction in the commutation value of pension, reduction in the leave encashment etc. There is no confirmation on any of these.

Also it is rumoured (please note: all these are rumours or rather words in air) the present day government is thinking of seeing off the employees with lumpsum payment instead of pension!

The HQr is neither in a position to confirm all these, nor in a position to state with affirmation that these all are nothing but rumours. Knowing the way the government is moving with blunt decisions like closing down of Printing Presses and Medical Store Depots, corporatisation and privatisation/closing down of Post Offices, 100% FDI and then privatisation of Railways, 49% FDI in Defence, total ban on recruitment and creation of posts, increasing the cap of FDI in insurance etc, one will have to sit and watch how things are going to emerge in the days to come, with fingers crossed. The Govt may be waiting for the elections to Delhi Assembly to be over.

But the fact is that the onslaught has begun and there are ominous signals that any of these or all of these can take place, if we are complacent.

The only way to stop any one or all these from materializing is to strengthen the organisation through education and mobilisation of the mass of employees enabling them to fight these policies.

C A S E    F I L E D

On 11th December 2014, we filed OA in the CAT, Principal Bench, New Delhi on the issue of implementation of the benefit extended to AAOs of the O/o PAG (A&E), Chennai (O.A./4465/2014, M.A./3919/2014). It is expected to come up for admission in a day or two. The HQr will keep the units informed of the developments through Circular/blog. 

With greetings,
Yours fraternally



(M.S.Raja)
Secretary General



NATIONAL JOINT COUNCIL OF ACTION OF CENTRAL GOVERNMENT EMPLOYEES ORGANISATIONS PARICIPATING IN JCM
4.State Entry Road,
New Delhi. 110 001
Dated: 11th December, 2014
To
All Participating organisations in the JCM

Dear Comrades,

            The Staff Side of the Standing Committee of JCM, National Council, met on 10th December, 2014.  It had long deliberations in finalisation of the declaration to be placed for the consideration of the joint Convention scheduled to be held at New Delhi on 11th.  The draft declaration along with the charter of demands and the proposed programme of Action was placed at the Convention.   The Convention adopted the declaration with minor amendments.  We send herewith copies of the Press Statement along with the copy of the Declaration.
            As per the decision of the Convention, National Joint Council of Action with the following members have been constituted to spearhead the movement.  The National JCA will monitor the implementation of the programme of action. It has been authorised by the convention to pre pone the programmes of action if such an exigency arises.
           
1.      Com. M. Raghavaiah:                                NFIR.                            Chairman
2.      Com. Shiv Gopal Mishra                            AIRF.                            Convenor
3.      Com. Rakhaldas Gupta                             AIRF.                            Member
4.      Com. Guman Singh                                    NFIR                             .do.
5.      Com. S.N. Pathak                                       AIDEF                           .do.
6.      Com. Sreekumar                                        AIDEF                           .do.
7.      Com. Ashok Singh                                     INDWF                         .do.
8.      Com. Srinivasan.                                       INDWF                         .do
9.      Com. K.KN. Kutty.                                      Confederation.            .do.
10.  Com. M. Krishnan.                                     Confederation.            .do.
11.  Com. Giriraj Singh.                                    NFPE                            .do.
12.  Com.R.N.Parashar                                     NFPE                            .do.
13.  Com.T.N.Rahate                                        FNPO                           ..do
14.  Com D.Theagarajan                                  FNPO                           .do.

            The National JCA met formally at the AIRF Office on 12th after the convention. The meeting took the following decisions.

(1)    The AIRF leaders in the State capitals will take the initiative to convene the meeting of all JCM participating organisations and constitute the State Committees and take steps to convene the State level Conventions.
(2)   The State Committees will intimate the names of the CG organisations who have expressed willingness in the ensuing struggle.
(3)   The National JCM website (www.ncjcmstaffside.com) will be used as the Website of the National JCA.
(4)   The Convenor, National JCA will place a copy of the letter to be sent to organisations who are not participating in the JCM requesting their co-operation and participation in the ensuing struggle.
(5)   The National JCM will have the authority to co-opt members in the National JCA .
(6)   The National JCA will prepare the campaign leaflet explaining the demands.
(7)   The State JCA will take steps to translate the declaration and the Explanatory Note on Demands in the respective vernacular and circulate amongst the mass of the employees.
(8)   The expenses required to be spent for the convention, publication of Pamphlet etc. will be borne by the participating organisations in a pre determined ratio.
(9)   Apart from the State JCA, JCAs will also be formed in important Centres, especially where the Defence and Railway  workers are concentrated.
10. The Convenor,  National JCA will issue circular letters as and when it is necessary and the same will be placed in the website of National Council JCM.
11. The National JCA will communicate to the Government the declaration adopted at the convention and seek settlement of the demands.
12. Negotiation on the demands will be conducted by the National JCA. 
13. National JCA will meet again on 11th January, 2015 at New Delhi. 

Copy of the Explanatory Note on each of the demands included in the charter is sent herewith.

With greetings,
Yours fraternally,
Sd/-
SHIV GOPAL MISHRA
Convenor


NATIONAL JOINT COUNCIL OF ACTION OF CENTRAL GOVERNMENT EMPLOYEES ORGANISATIONS PARICIPATING IN JCM

P R E S S      S T A T E M E N T
4.State Entry Road,
New Delhi. 110 001.
Dated: 11th December, 2014

CENTRAL GOVERNMENT EMPLOYEES INCLUDING RAILWAY AND DEFENCE WORKERS DECIDES TO ORGANISE INDEFINITE STRIKE


A National Convention of Central Government Employees Organisations participating in the Joint Consultative Machinery was held at New Delhi today (11.12.2014) at MPCU Shah Auditorium, Civil Lines, New Delhi to deliberate upon the demands and problems of Central Government Employees remained unsettled for several years. The Joint Consultative Machinery conceived as a forum for negotiation of demands of Central Government Employees in the wake of the indefinite strike action of 1960s has almost become defunct as its National Council which was to meet thrice in a year has not met even once for the last four years. The wage revision which was due in 2011 has not come about even though 7 CPC was set up a few months back. The demand for Interim Relief, merger of DA with Pay which normally accompanies the announcement of the pay commission were not granted by the government, the demand for inclusion of Gramin Dak Sevaks within the purview of 7th CPC was also rejected. Immediately on assumption of power, the new government has declared a total ban on recruitment, 100 % FDI in Railways and its privatisation, increasing FDI to 49% in Defence sector, closure of the Printing Presses, Publication, Stationery and forms offices and Medical Store Depots, corporatisation of Postal Services, amended the labour laws against the interest of workers and many other anti-worker policies. The Convention has adopted a declaration (copy enclosed) and decided upon various programmes of action culminating in indefinite strike if settlement is not brought about on the 10 point charter of demands adopted by the Convention. More than 800 delegates representing the two Federations in Railways (AIRF and NFIR), two Federations in Defence (AIDEF and INDWF), two Federations in Postal Services (NFPE and FNPO), Confederation of Central Govt Employees & Workers and many other organisations participated in the Convention. The indefinite strike decision and various other action programmes were approved by the Convention unanimously. The Convention set up a 14 member National Joint Council of Action with Shri M. Raghavaiah, General Secretary, National Federation of Indian Railwaymen as its Chairman and Shri. Shivgopal Mishra, General Secretary, All India Railwaymen Federation as Convener to spearhead the indefinite strike and other action programmes. The convention was conducted by a Presidium consisting of S/s Rakhaldas Gupta (AIRF), Guman Singh (NFIR), SN Pathak (AIDEF), KKN Kutty (Confederation), Giriraj Singh (NFPE) and Ashok Singh (INDWF).

Sd/-
SHIVGOPAL MISHRA
CONVENOR
Enclosure: Copy of Declaration








NATIONAL CONVENTION OF CENTRAL GOVERNMENT EMPLOYEES’ ORGANISATIONS PARTICIAPTING IN JCM

11TH DECEMBER 2014

NEW DELHI

The National Convention of Central Government Employees organizations participating in the JCM, being held at New Delhi on 11th December, 2014, adopted the following declaration after detailed deliberations and discussions.

D E C L A R A T I O N

2.        The Central Government employees have a glorious past of struggles and sacrifices.  The first indefinite strike action in the independent India by employees and workers of Central Civil Service was in the 1960s.   The July 1960 strike was due to the denial of the legitimate demand of the Central Government employees for the grant of Minimum wage as per the norms laid down by the 15th ILC.  Brutal repression, unheard in the history of workers struggles, was unleashed by the then Government of India to suppress the movement.  It was in the wake of that unprecedented strike action, the Government recognised the need to have a negotiating machinery to look into the grievances of the Central Government employees and set up the JCM.

3.        After the 1968 one day strike and the 1974 tumultuous indefinite strike by the Railwaymen and others, the organisations participating in the JCM strived their best to create a conducive and peaceful atmosphere to settle the demands and grievances through discussions at the JCM.  The continuous dialogue in the forum of JCM helped immensely in avoiding confrontation, struggles and strike actions as the discussions brought about settlement on issues, thanks no doubt to the positive role and attitude of the Government in power then. 

4.        Unlike the provincial Civil Service, 85% of the Central Government employees are industrial or operational workers, covered by the Industrial disputes Act.  Peace and tranquility in workplaces provided for increased production, productivity and efficiency.  The Railways, the defence production units, the postal services and other industrial establishments and employees of administrative offices played a vital role in bringing about   the significant turnaround in the employer-employees relationship. 

5.        However, the scenario underwent a vast change in the latter part of 1990s.  Government promulgated the new Recognition Rules making it necessary for the Unions to seek fresh recognition.  After the initial hiccups, the employees’ organisations abided by the Government directive and carried out all stipulations and conditions required for the grant of recognition.  Despite that, the recognition has eluded some organisations while in the case of many others Government took years to grant recognition.  During this period, the JCM was virtually closed down at the Departmental levels.  The National Council which as per its own constitution is to meet thrice in a year seldom met in the last four years.  Even when the Standing Committee or the Anomaly Committee met, it was an exercise in procrastination.   The Government unilaterally took various decisions viz. closure of departments, outsourcing, banning recruitment and creation of posts, untenable restriction on compassionate appointments; referring the decisions of the Board of Arbitration to the Parliament for rejection; introduction of large scale contractorisation and above all withdrawal of the age old defined benefit pension scheme and introduction of a defined contributory annuity scheme etc.  In the process of this hegemonic approach of the Government, the common employees lost confidence in fair play and the efficacy of JCM as a forum to settle their demands.  Consequently, litigation is being resorted to by the common employees with high degree of success. Despite four rounds of discussion in the National Anomaly Committee, which was set up after the 6th CPC recommendations were implemented, no settlement could be brought about on any issue. They found the situation elsewhere not different and aligned themselves with the common trade union movement of the country in fighting against the new economic policies. 

6.        The workers in general and  the Central Government employees in particular were and continue to be the  victims of severe economic offensive of the successive Governments that came to power in the country since the new  economic policies were ushered in 1991.    Systematic downsizing and outsourcing of Governmental functions;  closure of Government departments;; privatization of public enterprises, amending labour laws to facilitate exploitation; lowering interest rate, unbridled inflation, allowing the foreign and domestic  monopoly capital to loot and plunder the indigenous resources had been some of the visible characteristics and impacts of the reforms undertaken. 

7.        The liberalisation and globalisation policies of the successive Governments, which came  to power since 1991 and which received the backing and support of the dominant opposition parties and elite in the society accentuated unemployment, dismantled the Public Sector Undertakings, allowed unhindered entry of foreign capital,  destroyed the livelihood of the farmers and agricultural labourers; raised  the prices of all essential food items beyond the purchasing capacity of the common people; granted huge tax concessions to corporate houses;; siphoned off the poor man’s earnings into the hands of a few rich;   These measures ultimately drove the majority of Indians to be below the poverty levels.  Indian youths were driven to be beggars at the doorsteps of transnational corporations of the developed Nations. 
8.        At the General elections for the 16th Lok Sabha, the Indian Common men handed the Indian National Congress, who led the UPA II regime the worst ever defeat in its history.  Those who came to power over the defeat of the century old party, i.e. the NDA led by the Bharatiya Janata Party have no different approach on policies or governance.  They had in fact supported the UPA Government to intensify the neo liberal policies.   But for their solid support the PFRDA bill could never have been passed by the UPA.  The conglomeration of Corporate  houses and the corporate controlled media supported the BJP to the hilt in the election process for they were certain that BJP shall be more pliant and compliant to them.  Through various policy pronouncements the new Government has made its intentions clear and loud.  A complete ban on recruitment in Governmental organizations has been instituted; privatization of the Railways and Defence is on the anvil; FDI has been allowed to have its entry into these two vital sectors, which had been excluded due to public opinion by the UPA; decided to corporatize the Postal Services; the New pension scheme will replace all existing defined benefit pension dispensations; decided to close all Government of India Printing Presses (including the publication, Stationery and forms stores); handed over the functions of the Medical Depots to private contractor firms rendering thousands of workers redundant and jobless; withdrawn the guidelines regulating the prices of essential and life saving medicines; proposed to reduce the number of subsidized  gas cylinders; announced the PPP model of infrastructure development in Railways; declared further disinvestment of the profit making PSUs and closure of all loss making enterprises;  introduced legislation to drastically amend the labour laws to harm the interest of workers especially in small establishments; indicated to give further concessions to corporate houses on taxation and to increase the indirect taxes to reduce fiscal deficit;  made legislation to increase the FDI in Insurance and effect further reforms in the Banking Sector; dismantled the Planning Commission   and above all  has taken tacit steps to disrupt the secular social fabric of the country. 

9.        It is in the backdrop of this National scenario that the Central Government employees must look up for settlement of their demands.  The Central Government employees had been active participants in the struggles and strike actions of the Indian Working Class in the last two decades against the neo liberal policies.  They have marched to the Parliament house shoulder to shoulder with other segments of the working people on several occasions and more recently on 5th December, 2014 to register and demonstrate the emphatic protest and opposition to the Government’s economic policies. They will be enthusiastic participants in future struggles and strike actions chalked out by the united platform of the Central Trade Unions in the country.  While being part of the common struggles of the working class, they will have to  chalk out programmes to ensure that the Ban on recruitment in Governmental institutions is lifted;  the decision to close down  the Printing Presses and the Medical stores is rescinded; growing contractorisation, privatization and outsourcing of the Governmental functions are halted;  the proposal to allow FDI and privatize the Railways and Defence Establishments is nipped in the bud itself; the proposed labour reforms are taken back; that the casual and contract labourers and GDS are paid the minimum wage;  a scheme drawn up for their regularisation within a stipulated time frame and the social security measures presently available to the workers  in the form of defined benefit pension scheme is retained.
10. They must simultaneously endeavour to ensure that the JCM functioning is revived; periodicity of its meeting is increased to conform to the rules; the meeting of the Councils at the Departmental level are convened; the unions are recognized as per the rules; the National Anomaly Committee items are taken to its logical end and the awards of the Board of Arbitration are implemented.

11. Above all, they must strive immediately  that the Government takes a decision on the date of effect of the Wage revision as 1.1.2014; the ambit of the 7th Central Pay Commission covers the most exploited segment of civil servants, i.e the Gramin Dak Sewaks ; that the wage structure of GDS is not allowed to be at the whims and caprices of Postal bureaucrats; that the Central Government employees are granted interim relief at the rate of 25% of their pay plus GP; the Dearness allowance which stood at 100%  of pay as on 1.1.2014 is merged to become Dearness Pay and the 7th CPC adheres to its time frame of 18 months   and all the JCM participating organization are given sufficient opportunity to present their case before the Commission. 

12. The Convention, on the basis of the discussions amongst the participating organizations, formulates a charter of demands containing the following important issues.  The Convention also adopts the following programme of action to culminate in an indefinite strike action if the demands are not negotiated and settled. 

13. The Convention sets up a National Joint Council of action with the representatives of the participating organizations to spearhead the movement.  The NJCA will prepare a detailed pamphlet to explain each of the demands in the Charter and to circulate the same amongst the mass of the employees for an intensive campaign.   The NJCA at the National level will monitor the implementation of the programme. The Convention authorised the National JCA to pre-pone the entire programmes of action in case such a decision is warranted due to an exigency.   The Convention directs the participating Federations/Unions and Associations to form such Joint Committees in all States to ensure that the programme of action is carried out in all States uniformly. 

14. The Convention calls upon all Central Governments employees and their Unions and Federations to be active participants in all the programmes of action to bring about a satisfactory settlement of the demands.  

Charter of demands.

1. Effect wage revision of Central Government employees from 1.12014 accepting the memorandum of the staff side JCM; ensure 5-year wage revision in future; grant interim relief and merger of 100% of DA. Ensure submission of the 7th CPC report with the stipulated time frame of 18 months; include Grameen Dak Sewaks within the ambit of the 7th CPC.  Settle all anomalies of the 6th CPC.

2. No privatisation, PPP or FDI in Railways and Defence Establishments and no corporatisation of postal services;

3. No Ban on recruitment/creation of post

4. Scrap PFRDA Act and re-introduce the defined benefit statutory pension scheme.
5. No outsourcing; contractorisation, privatisation of governmental  functions; withdraw the proposed move to close down the Printing Presses; the publication, form store and stationery departments and Medical Stores Depots; regularise the existing daily rated/casual and contract workers and absorption of trained apprentices;

6. Revive the JCM functioning at all levels as an effective negotiating forum for settlement of the demands of the CGEs.

7.  Remove the arbitrary ceiling on compassionate appointments.

8.  No labour reforms which are inimical to the interest of the workers.

9.  Remove the Bonus ceiling;

10. Ensure five promotions in the service career.

PROGRAMME OF ACTION

1. Organise State/District/Divisional level Joint convention to popularize the declaration before February, 2015.
2. To organize massive dharna/rally at all State Capital/major Defence centres jointly by all the participating Unions in March, 2015.
3. To organize campaign fortnight throughout the country in the first two weeks of April, 2015.
4. To organize Rally before the Parliament house in the month of April when the house will be in budget session to declare the date for the commencement of the indefinite strike action and the programme and date of serving strike notice.

O0o