trade union rulings

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PREFACE Dear Comrades, During my interaction with many Divisional Secretaries, many felt that a detailed book on Trade Union facilities will felicitate them for countering the problems. I too felt that such kind of reference book is the need of the hour. Since we have to publish the updated constitution of the union duly incorporating all the amendments upto Guntur conference, we realised that it is the opt time to publish the update constitution alongwith the compilation of Trade Union facilities. Some of the orders seem to be old and irrelevant. But we have published them since those orders were containing some instructions applicable to this date also. We have taken much pain to release the same without any arrears or ommisisons. The corrected constitution of the Union & the Trade Union facilities is being released to mark the occassion of the Central Working Committee Meeting held at Kurukshetra form 14.07.09 & 15.07.09. On this happy occasion. I fervently request to send suggestions from our comrades for making the compilation a more perfect and purposeful in subsequent editions. Comradely yours

(K. V. Sridharan) General Secretary 14.07.2009

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COMPILATION OF INSTRUCTIONS ON MATTERS CONCERNING SERVICE ASSOCIATIONS IN DEPARTMENT OF POSTS (D.G Posts No. 10-1/2004-SR dt. 25.06.2004) I

RECOGNITION

1. Recognition to Service Associations representing Departmental employees in the Department of Posts is granted under the CCS (RSA) Rules, 1993. 2. The verification process for the purpose of recognition is conducted through a check -off system which is carried out in the Department once every two years in terms of Department of Personnel & Training (DOP&T) O.M. No. 2-10/80-JCA dated 31 st January, 1994. Consequently recognition granted to all eligible associations is also valid for two years, after which re-verification process determines their future status. All Service Associations recognized or otherwise, have to apply afresh for participation after every 2 years, for the purpose of seeking recognition. Each Service Association in the Department has to operate under one of the 15 distinct categories of Departmental Employees enlisted at Annexure - I and as specified by the Department vide letter No. 13-1/93-SR dated 10.08.94, O.M. 13-1/93- SR (Volume II) dated 29.11.95, No. 13-14/96-SR dated 15.10.96, No. 13-22/98 -SR dated 19.02.99, No. 13-30/98-SR dated 28.06.99. Note: - As per instructions issued vide DOP&T OM. No. 2/13/98 JCA dated 11 th February 2002 the periodicity of reverification process for the purpose of Recognition has been increased from 2 to 5 years. Since the matter of verification process in the Department of Posts is subjudice the above instructions have not yet been brought in to effect. 3. As a general rule, the Service Associations are granted Recognition on All India Basis i.e. All India Bodies are recognized. The All India Associations so recognized may form branches at Circle, Divisional and local levels subject to grant of permission by this Department and as provided in their constitutions, which have to be duly approved by the Government. The branches so formed are entitled to get union facilities as per instructions on the subject from time to time. No separate orders extending union facilities are required to be issued from this Department for each newly opened branch at lower level. 4. The union facilities herein mentioned are admissible to the recognised Service Associations only, unless specifically relaxed in favour of the non-recognised Service Associations. 5. The terms and conditions under which the Service Associations are recognized are enumerated at Annexure - II. 6. An up to date list of the recognised Service Associations is appended at Annexure - III. Another list of Associations, affiliated to Bhartiya Postal Employees, Federation, though unrecognised but are being extended limited trade union facilities is at Annexure - IV. (i)

ASSOCIATION OF GOVERNMENT SERVANTS FORMED ON THE BASIS OF CASTE, TRIBE OR RELIGION - RECOGNITION OF.

The undersigned is directed to say that a growing tendency is being noticed among Government servants to form service associations on the basis of caste, tribe or religion. The Government of India consider that in the prevailing conditions it would be most undesirable and improper if service associations of Government servants, stated being so organised. They further considered that such tendency should be firmly discouraged. It has accordingly been decided that no service association of Government servants which is formed on the basis of caste, tribe or religion, should be accorded

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recognition for any purpose whatever, or granted any kind of facilities. It is requested that this position may kindly be brought to the notice of all concerned for their information and guidance. In a way, it is implicit in clauses (b) and (c) of the Central Civil Services (Recognition of Service Associations) Rules, 1959, that a service association cannot be restricted to a group of Government servants belonging to a particular caste, tribe or religion. In order to make the intention quite clear however, these rules have been suitably amended, vide this Ministry's Notification of even No. dated 11th September, 1962. It is requested that the Ministries of Defence, Railways, etc. who have their own rules for recognition of service associations and unions of the staff employed under them, may make a similar provision in those rules. (OM. No. 24/10/62/-EST (B) dt. 22.09.62 of Ministry of Home Affairs)

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CHANNEL OF COMMUNICATION

No. 13-2/68-SR 1. While Government Servants are free to join any Association, subject to the dated 16.3.68 conditions laid down in the CCS (Conduct) Rules - 1964, the Government does not enter into correspondence with any Association unless it has been granted Recognition by the Government for such purpose. Therefore, as a rule no correspondence should be entered into with any unrecognized service Associations nor copies of their letters etc. be forwarded to any subordinate unit for action. Note: - With the promulgation of CCS (RSA), Rules, 1993, the membership is restricted to particular category to which the employee belongs, as identified by the Department. (Annexure I). No.STB/100-19 2. The All India Service Associations have their branches at Circle, /52-STA dated Divisional and local levels. The Central Association and their branches 28.10.52 should correspond directly only with the authorities in charge of the Unit they represent i.e. local level Service Associations should correspond directly only with local authority and Divisional Association with Divisional authority, the Circle-level Service Associations with the Head of the Circle and the Central Unit of the Service Associations with the Secretary (Posts) or the Government through the Secretary (Posts). No. 31-3/81-SR 3. Representations from the Service Associations are limited to the matter dated 17.8.81 & concerning the unit they represent i.e. a Divisional Service Associations is to take up the matters concerning the Divisions as a whole, the Circle Service Associations to take up matters concerning the circle as a whole and the Central Associations to pursue matters of All India interest. If a local unit of Service Associations is not satisfied with the decision or reply given by its accredited authority, the next higher level of the Service Associations may take up the such matters with its accredited authority and while doing so, the Association should clearly state that the matter was taken up initially with the lower authorities concerned but without any satisfaction. If the Central level of the Association intends to take up the matter concerning a particular circle, it may submit a representation to the Secretary (Posts) but should clearly indicate in the representation the fact that the circle level of the Association had taken up the matter with the Head of the Circle, specifying the reference of the same and the reply thereto received from him. No. 10-3/84-SR No complaint/correspondence will be entertained by the Administration if dated - 15.6.84 these are not addressed to the accredited authority. No. 16-2/65-SR 4. No action is to be taken on direct references from local Service

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dated 03.08.66

No. 31-3/66-SR dated 24.11.66

Associations except when specifically ordered by Minister/Minister of State/ Secretary (P) /Member of the Postal Services Board. On behalf of Service Associations their General Secretaries or Presidents should address the Administration. The Assistant General Secretaries or the Deputy General Secretaries wherever specifically authorized by their General Secretaries may also address communication to the Administration but the reference made by them should contain a clear communication that the same are being made under the authority of General Secretary concerned. 5. The Administration will address replies to communications from the Service Associations to the General Secretaries and to the Headquarters address of the local Associations concerned with the only exception of DO letters from the Presidents. Replies to such DO letters may be sent to the Presidents but this will also be invariably addressed to the Headquarters address of the Service Associations unless the sender of the reply is of the opinion that there are special reasons of circumstances for sending a reply direct to the address of the Presidents.

No. 16-2/77-SR 6. The Service Associations shall not espouse or support the cause of dt.07.07.72 individual Government Servants relating to service matters. When such references are received, the Service Associations may be informed that they are precluded from taking up individual cases with the Administration and as such, their references are being filed. No. 16-6/65-SR 7. Creation and abolition of posts is purely an administration matter and it is dated 31.3.65 not a subject which the Service Associations can discuss with the Administration. It is for the Department to decide whether particular post is justified or not and it is not the function of the Associations to determine the justification or otherwise of the post. Views of the Service Associations may, however, be considered when the question is examined on merit. No correspondence will be entertained with the Service Associations regarding creation of individual posts. The question of fixation of standards for creation of posts is a different issue and does not fall in the above category. No. IR No. 1591- 8. Wherever standard of creation of posts have to be examined, Service SR/79- SR dated Associations can take these up for implementation even if these justify only 12.7.79 a solitary post in regard to any particular office. However, no correspondence from Service Associations on the merit of creations/abolition/conversion of individual posts, standards for which have not been determined will be entertained, though their views may be taken into account when the mater is considered in normal course. No. 31-2/83-SR 9. The Service Associations are not authorized to form regional branches for dated 5.6.84 & meetings (formal or informal) with regional head. The circle units of the No. 31-2/85-SR Service Associations representing the Postal Accounts Employees are dated 29.10.86 permitted to form branches (local units in the offices of Director of Accounts (Postal). CHANNEL OF COMMUNICATION OF CIRCLE UNIONS WITH THE REGIONAL/AREA DIRECTORS I am directed to invite your attention to this office letter No. 31-3/79-SR dt. 18.7.79 and No. 31-1/75SR dated 6-3/84 (addressed to General Manager Telephones, Calcutta, Bombay, Madras, Delhi) where in, as a result of decentralisation of Postal and Telecom Circles a new channel of communication for the Circles Unions with the Regional/Area Director, and Area/Managers was evolved according to which formal bi-monthly meetings to the Circle Unions/Associations (except the Unions/Associations

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of Administrative Offices Employees) can be granted by the Area/Regional Director/Area Manager. It was made clear in those orders that there shall be no separate branches of Unions at Regional/Area level. Since the Circle unions were experiencing certain difficulties in going to the Regional/Area Directors headquarters once in two months for holding the bi-monthly meetings, it was decided vide this office letter No. 31-3/79-SR dt. 16.3.81 and 31-1/75-SR dt. 3.7.81 that any office bearer of Circle Branch Unions who is located at the headquarter station of the Regional/Area Director and who is authorised by the Circle Secretary shall be eligible to hold bi-monthly meetings and exchange correspondence with the concerned Regional/Area Director. The Circle Secretaries are required to furnish necessary particulars of the Circle Unions office bearer who shall represent the circle branch to the Regional/Area Director. It has come to the notice of the Directorate that some Unions have got Area Secretaries for their area level branches and have also been insisting upon the Area/Regional Directors for grant of meeting etc to the Area Secretaries. It is hereby clarified that formation of area branches by any union has not been given cognisance by the Directorate nor any amendment to their constitution providing for formation of branches at area level has been accepted by the Directorate. Therefore the question of grant of any meeting or any other facility to such office bearers for the area branches as they call them, does not arise. If any such office bearer also happens to be a Circle Union office bearer and happens to be eligible for grant of bi-monthly meeting and exchange correspondence with the Regional/Area Directors as per this office letter No. 31-3/79 SR dt. 16.3.81 and No. 31.01.75 SR dt. 03.07.81 he will naturally be entitled for the meeting/correspondence as a Circle Union office bearer. This may kindly be brought to the notice of all concerned. (No. 31-2/83-SR dt. 5.6.84) CHANNEL OF COMMUNICATION OF CIRCLE UNION WITH REGIONAL DIRECTORS IN POSTAL CIRCLES I am directed to draw your attention to the instructions contained in this office letter No. 31-3/79-SR dated 16.3.1981 on the above subject. As per this, any officer-bearers of Circle branch union, who is located at the headquarters station of the Regional Directors and is authorised by the Circle Secretary; shall be eligible to hold bi-monthly meetings and exchange correspondence with the concerned Regional Director. The Circle Secretaries shall furnish necessary particulars of the office-bearers who shall represent the Circle branch to the Regional Directors. The staff side in the Departmental Council represented that while the aforesaid arrangement has generally been working satisfactorily, at times the union is faced with a situation where it has no office-bearer of the Circle Union located at the Regional headquarters or its office-bearer located at the Regional Headquarters is not in a position to hold meetings with the RDPS. The staff side, therefore, urged that in such a situation which is exceptional; and Circle office-bearer, though not located at the Regional Headquarters but serving within the jurisdiction of that RDPS, should be allowed to correspond and hold meetings with the RDPS on the authorisation of the Circle Secretary. The Chairman of the Departmental council agreed to the suggestion of the Staff Side. It has therefore been decided that in partial modification of the instructions contained in this office letter No. 31-3/79-SR dated 16.3.1981, in an exceptional case if there is no office-bearer of the Circle union at the headquarter of the RDPs or the office-bearer located at the Regional Headquarters is unable to shoulder the responsibility of maintaining correspondence and holding meetings with the RDPS, it shall be open to the Circle secretary to authorise a circle office-bearer who is not located at the headquarters of the RDPs but it serving within the jurisdiction of the RDPs to correspond and hold meetings with the RDPs concerned. (No. 31-2/85-SR dt. 29.10.86)

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CORRESPONDENCE WITH UNRECOGNISED UNIONS/ASSOCIATIONS. I am directed to state that it has been complained by the National Federation of P&T Employees that some Units of the Department are entering into correspondence with unrecognised Unions/Associations. While Govt. servants are free to join any Association subject to the conditions laid down in Rule 6 of the C.C.S. (conduct) Rules, 1964 the Government is not supposed to enter into correspondence with them on their service grievances unless they have been granted recognition by the Government for this purpose. Therefore, as a rule no correspondence should be entered into with any unrecognised Union/Association nor copies of their letters etc. should be forwarded to any subordinate unit for action etc. (No. 13/2/68-SR dt. 16.03.68) CHANNEL OF COMMUNICATION FOR UNIONS Under instructions of the instructions for the recognition of the Unions of Government Servants issued by the late Home Department in their O.M. No. F. 16/1/37-Public, dated 25.8.37 (reproduced in the Director General's Special General Circular No. 31 dated 29.11.37) Government are required to specify the channel through which representation from recognised unions should be submitted. No specific instructions have been issued by Government in this behalf but they have from time to time confirmed the instructions contained in your letter No. AM. 73. dated 7.4.23. It has been brought to the notice of Government that letter of 7.4.23 is not comprehensive and is liable to different interpretations. After very careful consideration of this matter, the Government have decided to clarify the position and to lay down the following instructions in supersession of all existing orders on this subject: (i) The All India Unions recognised by Government have their Circle branches, divisional and local branches. Central Unions and their branches should correspond directly only with the P & T authorities in charge of the units they represent i.e. a local union should correspond only with the local authority, a divisional union with the divisional officer, a circle union with the head of the Circle and the Central Union with the Director General or Government through the Director General. (ii) The scope of representations of the unions should also be limited to the maters concerning the units they represent i.e. a divisional union should take up matters concerning the division as a whole; a circle union matters concerning the circle as a whole and the Central Union matters of all -India interest. If, however, a branch union is not satisfied with the reply given by the appropriate authority, the next higher branch union may take up such matter with the head of the unit represented by it. In doing so, the union should clearly state in its representation the fact the matter was taken up by the branch union concerned with the lower authority and should also clearly state reply or communication received from that authority. For example, if a Central Union intends to take up a matter concerning a particular circle, it may submit a representation to the DG but should bring out in the representation the fact that the Circle Branch Union took up the matter with the head of Circle and also state the result of the same. 2. I am to request that channel of communication prescribed above may be brought to the notice of all the recognised P & T Unions. The Central Unions should be instructed that they must not send representations direct to the Government, but should send such representations through you. (No. STB - 150-19/ 52 (SPA) dated 29.10.52)

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REPRESENTATION MADE TO HIGHER AUTHORITIES AGAINST THE DECISIONS OF LOWER AUTHORITIES I am directed to invite your attention to the instructions contained in this office letter No. STB/15019/52-STA dated 28.10.52, according to which the Unions at different levels should correspond with the accredited authorities concerned and if a branch union is not satisfied with the decision or reply given by its accredited authority, the next higher branch union may take up such matter with its accredited authority and while doing so, the union should clearly, state that the mater was taken up initially with the lower authorities concerned and state the replies or decisions received from that authority. Similarly, if a Central union intends to take up the matter concerning a particular circle, it may submit a representation to the Director General but should bring about in the representation the fact that the Circle union took up the matter with the Head of Circle and also state the reference of the same. However, it has been noticed for sometime past that on many occasions the Central Unions, while taking up matter relating to Circles or lower authorities do not supply such information. On enquiry, the matters of representations or allegations were found to be without any basis or facts. Such representations unnecessarily involve avoidable additional work and affect staff relations. Similar position has been reported from the Heads of Circles also. It has, therefore, been decided that in future the Unions/Federations should supply copies of these references made by their lower formations and the replies thereto received from the lower authorities while taking up cases with the higher authorities. The authorites concerned are expected to give replies to union representations within a reasonable time and if no reply is received within the reasonable time, the fact that no reply was received in respect of any case may be mentioned by the unions while making references to higher authorities. In cases where copies of such references are not received, no action on the representation etc. will be taken nor any reply given. These will be simply filed. (No. 10-3/84-SR, dt. 15.6.1984) COMMUNICATIONS FOR ASSOCIATIONS/UNIONS-SIGNING OF I am directed to invite a reference to this office letter no. 31/1/64-SR dt. 05.04.66 on the above subject. The intention of the instruction contained in this office letter dt. 05.04.66 was to ensure that the functioning of a union in the matter of carrying on correspondence with the Administration is not interrupted only because of non availability of the main functionary namely the General Secretary at head Quarters. It is not the intention that on behalf of an association/union at any level all the authorised persons viz., the President the General Secretary, Asst. General Secretary and the like may address communications to the Administration simultaneously and even from different stations. 2. With a view to ensure that there is no confusion in this regard, you are requested kindly to bring the contents of the letter to the notice of the office-bearers concerned at all the levels. The administration on its part will send replies to communications from the unions/associations addressed to the General Secretaries of the Associations/Unions and to the Headquarters Address of the Branch Union concerned, with the only exception of D.O. letters from Presidents. Replies to such DO may be sent to the President but these will also be invariably addressed to the Head quarters address of the Union/Branch Union concerned unless the sender of the reply is of the opinion that there are special reasons or circumstances for sending a reply direct to the address of the President. (No. 31-3/66 Dated 26.11.66) UNION COMMUNICATIONS TO ADMINISTRATION –EACH SHOULD DEAL WITH ONLY ONE SUBJECT. It is observed that the Unions/Associations at different levels often raise more than one issue in one communication addressed to the Administrative authority concerned. As per the existing system, the

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entire work of an office is appropriately distributed among its different Sections for quick and proper disposal of each case. As such, when a communication is received, which deals with more than one subject, it not only creates administrative inconvenience and difficulty, necessitating preparation of extracts, for action in appropriate files in the concerned Sections, but also delays the disposal of the items referred to in the communication. Consequently, with a view to facilitating quick and straight disposal of Union references, I am directed to request you kindly to ensure that, as far as possible, each union communication addressed to the administrative authorities concerned at different levels, deals with only one subject. This procedure is also followed in the matter of exchange of correspondence between different offices of the Department. All your branch Unions/Associations may kindly be instructed suitably in the matter. (No. 16/7/73-SR Dated - 29-05-1973) REPRESENTATIONS FROM UNION – QUICK DISPOSAL THEREOF. I am directed to invite your kind attention to this office letter No. 3-6-/82-SR dated 13.09.1982 addressed to all Heads of Circles etc on the subject noted above whereby it was impressed upon all the concerned officers that the letters received from the recognised Unions/Associations at all level should be promptly acknowledged and the matter decided expeditiously. Some of the Unions recognised by this Department have again complained that prompt replies are not being received by them to their letters written to the officers at various levels. 2. The whole matter has been considered once again and it is hereby reiterated that the letters received from the recognised Unions/Associations at various levels should be acknowledged promptly and the matter in question decided as expeditiously as possible. If the decision in the matter is likely to get delayed for some time an interim reply should invariably be sent to the concerned Union/Association. It should also be ensured that in case the officer or the dealing hand concerned with the matter is on leave some alternative arrangements should be made to attend to the letters received from the Unions/Associations urgently. 3. This may be brought to the notice of all concerned. (DG (P) No. 10-3/87-SR Dated - 08.03.1988) REPRESENTATIONS FROM UNIONS MUST RECEIVE PROMPT ATTENTION. I am directed to say that some of the Unions of the Department have complained that prompt replies are not given to their letters written by them to the officers at various levels and the decisions are not taken at the official periodical meetings with the Unions. Even the matters of the meetings do not reflect correctly the discussions which had taken place. Too much time is taken in furnishing the reports on various unions matters taken up at a higher level when these reports are called by higher offices from the lower units. Their letters are not even acknowledged. When the dealing hands or officers dealing with union matters are on leave etc. on alternate arrangements are made to attend to their cases and the cases remain un-disposed of till the return of the officials/officers on leave. 2.

The matter has been considered carefully and it has been decided that the offices at all levels should ensure that the Unions do not get a change to lodge a complaint of any of the types mentioned above. The Union letters should be promptly acknowledged and the reports in the matters referred to by the Unions should be made quickly to attend the union cases when any dealing hand/officer dealing with union matters proceeds on leave. The minutes of the meetings held at various levels should reflect the correct record of the discussions held and there should be no lacking in taking follow-up action thereafter.

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This may kindly be brought to the notice of all concerned. (No. 3-6/82-SR Dated - 10/13.09.1981) FORMATION OF DIVISIONAL BRANCH UNIONS AT THE LEVEL OF POSTAL STAMP DEPOTS-QUESTIONS REGARDING I am directed to any that the question of providing channel of communication in the Postal Stamp Depots between the unions and the administration had been engaging attention of this Department for some time past. Some of the unions have also made representations in this regard. As the Postal Stamp Depots are under the charge of a Group B Postal Officer and are functioning as separate units independent of the Circle Office establishment under the direct control of the Heads of circles. It has now been decided that in order to have a formal channel of communication in Postal Stamp Depots, PIII and P-IV unions may be permitted to form Divisional levels branches in these offices. 2.

This may be brought to the notice of all concerned. (No. 10-14/86-SR Dated- 9.9.88)

CHANNEL OF COMMUNICATIONS IN GAZETTED HOS/POS I am directed to say that the question of providing Channel of Communication in the Gazetted Head Offices/Post Offices which are directly under the Control of Circle Office to the Branch Unions had been engaging attention of this Department for sometime past. Some of the Unions have also represented in this regard. 2. After careful consideration it has now been decided that meetings to Branch Unions formed in Gazetted Head Offices/Post Offices which are directly under the control of Circle Office may be granted by the Senior/Chief Postmasters once in a month. 3. This may be brought to the notice of all concerned. (No. 10-14/68-SR Dated - 22.01.1991) PROCEDURE FOR DEALING WITH THE REFERENCES RECEIVED FROM THE RECOGNISED FEDERATIONS/UNIONS/ASSOCIATIONS IN THE DEPARTMENT OF POSTS. Kind attention is invited to the instructions contained in this Office order of even number dated 06.04.1990 regarding the procedure for dealing with the Communications/references received from the recognised Federations / Unions / Associations in the Department of Posts. The revised procedure adopted in this regard has been reviewed once again and it has been observed that the communications received from the various Federations/Unions/Associations are still not being given due attention by the Officers/Sections concerned. The representatives of many Unions/Associations have also been complaining persistently regarding non-acknowledgement of their communications. They have even brought this issue to the notice of Secretary(P) many a times. In order to ensure prompt attention to the references from unions, it has been decided that henceforth all the references/Communications from recognised Federations/Unions/Associations will now be diarised and acknowledged in SR Section itself and sent to the concerned Officers/Sections for necessary action. It is further decided that all the Branches/Sections of the Department of Posts will hence forth prepare and maintain a separate diary register for communications received from the recognised Federations/Unions/Associations. The Section Officer/Assistant incharge will ensure that the entries relating to such communications are made properly and a statement showing the position of disposal of these references/communications is put up to the DDG concerned by the 7th of the next month positively in the appended proforma (copy enclosed). The DDG in turn will review the statement in

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respect of the Sections under their control every month and will submit the same to their service Members for information. It is requested that the strict compliance of these orders/instructions may kindly be ensured. (No. 10-3/87-SR Dated - 20.11.1991 CHANNEL OF COMMUNICATION OF CIRCLE UNION WITH REGIONAL HEADS I am directed to refer to this office letter of even number dated 5-12-1990 on the above subject wherein it was intimated that any office bearer of the circle branch union who is located at the Head quarters station of the Region and authorised by the Circle Secretary, shall be eligible to hold Bimonthly meetings and exchange correspondence with the concerned Regional Head of an office. Some clarification on these orders are being sought by various units. It is hereby clarified that : (i) PMG Incharge of the Region will hold Bi-monthly meeting at Regional level. (ii) Where there is no PMG in a Region, the meeting will be held by the Director Incharge of the Region. (iii) If there is an region directly under the control of CPMG, and there is no PMG for that Region, these Bi-monthly meeting will be taken by the concerned Director Postal Services. (iv) CPMG, as usual will chair the periodical meeting at circle level with the circle branches of the Union/Association. (No.31-1/85-SR Dated - 30.04.1992) CHANNEL OF COMMUNICATION – REITERATION OF INSTRUCTIONS REGARDING I am directed to invite your kind attention to the Compilation of Instructions on union facilities issued vide the Department’s letter No. 10-9(A/98-SR) dated the 5th November, 1999. 2. The instructions on “Channel of Communication” as contained in the said compilation inter alia provides that “the branches of service associations at Circle/Divisional and local levels should correspond directly only with the authorities in charge of the Unit they represent i.e. a local level service association should correspond only with local authority, a divisional association with divisional authority and circle-level association with the Head of Circle”. Only, the central unit of the service association should correspond with the Secretary (Posts) or the Government through the Secretary (Posts).” (No. STB/100-19/52-STA dated 29.10.52). Further, as clarified vide the Department’s letter No. 16-2/65-SR dated 03.08.66, no action is to be taken on direct references from local service associations except when specifically ordered by Minister/Minister of State/Secretary(P)/Members of the Postal Service Board. 3. It has been observed that the above instructions are not being followed scrupulously by the branches of Service Associations, as a large number of references are being received in the Department, addressed to Hon’ble Minister/Minister of State/Secretary, Members of the Postal Services Board, direct from the Circle, Divisional and local unions/associations. These references not only increase the amount of unnecessary paper work in the Department but also cause delay in disposal of other genuine matters of the staff unions. 4. It is, therefore, requested to bring these instructions once again to the notice of the circle, divisional and local level branches of the unions for strict compliance. (No. 13-3/2002-SR Dated - 05.07.2002) REPRESENTATION OF ELECTRICAL STAFF BY RECOGNISED UNIONS The question of providing Union facilities to the Postal Electrical Staff who do not belong to Civil Wing, has been under consideration of the Department. The matter was also considered in the Postal Departmental Council (JCM)

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It has been decided that such of the Postal Electrical Staff who do not belong to the Civil Wing may be allowed to be enrolled as members of respective Class-III/Class-IV or Administrative Union at Circle/Divisional level. (No. 33-1/88-SR Dated - 17.12.92) SUBJECTS WHICH CAN BE TAKEN UP WITH ADMINISTRATION Allegations against individual officers/officials can be taken up through correspondence or through informal discussion. (DD P&T 33/2/68-SR dated 7.5.68)

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OFFICE BEARERS

No. 15-4/90 - SR 1. Government Employees who are in service shall be members and, dated - 05.1.93 therefore, office bearers of the Service Associations. The executives of the Service Associations are to be elected from among its members only 2. Membership of the Service Associations has been restricted to a distinct category of Government Servants having common interest, all such Government Servants being eligible for membership to the Association. 3. Prescribed facilities should not be extended to branches of Service Associations at Circle or levels below if any of the office bearers of such Associations are not servings employees belonging to that distinct category which the Service Association is representing. 4. The number of office bearers at Circle/Divisional level of each Associations should not exceed 15 and it does not include the members of the Executive Committee.

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MEMBERSHIP

1. Membership of the Service Associations is restricted to a distinct category of Government Servants having common service interests, all such Government Servants being eligible for membership of the Service Associations and no person who is not a Government Servant belonging to that distinct category which the Service Associations is representing, is permitted to be connected with the affairs of the Service Associations. The Membership of Government Servant shall be automatically discontinued on his ceasing to belong to such a category. For membership of Canteen Employees, refer to Annexure V. No. 32-3/78-SR 2. It is for the Government Servants to decide which association to join and no dated 11.10.79 directive be issued by the Administration in this regard. (To be read in conjunction with the provisions contained in Communication No. 15-4/90-SR dated 5.1.93 referred to above) No. 32-1/64-SR 3. The right of the union to represent causal labour has not been conceded but if dated 11.8.64 any grievances of casual labour covered by the recommendations of the Pay Commission are brought to notice by the Service Association, this will be examined. However, no reply in respect of such grievances would be sent to the representing Associations. No. 14-6/67-SR 4. The trainees, who have been recruited directly and are yet to be absorbed in dated 5.1.67 the Department, will not join/form/organize any Service Association. The Departmental trainees may continue their membership of Service Associations at places from where they have been deputed for training. Such Departmental trainees as may be office bearers of any branch of unions may continue to function as office bearers of their branches but they will not be granted any special casual leave for attending to Association's affairs. There is, however, no

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objection to the grant of normal casual leave for such purpose if applied for. The regular staff of the training centres are at liberty to join Service Associations exactly in the same manner as the staff in the divisions and the circles. No. 14-6/67-SR The grievances of trainees arising out of their being trainees at a particular dt. 21.07.67 training centre can be effectively looked into with the help of the channel of representation and redressal of grievances by way of system of class monitors. RECOGNITION OF SERVICE ASSOCIATION UNDER CCS (RSA) RULES, 1993 – ADMISSION OF NEW MEMBERS UNDER THE CHECK –OFF-SYSTEM IN PAY-ROLLS The matter of enrolment of new members by the service Associations was under consideration of the DOP&T. It has now been decided in consultation with the DOP&T that Service Associations can enrol new members any time. However fresh declaration from the members for deduction of membership under the check off system can be accepted by the DDOs only in the month of April every year. Kindly ensure wide circulation of the above instructions. (D.G. (P) Letter No. 13-14/96-Sr (Vol.III) dated 05.01.98) DEDUCTION OF MEMBERSHIP SUBSCRIPTION UNDER THE CCS (RSA) RULES, 1993CLARIFICATION REGARDING I am directed to draw your kind attention to the Department’s letter No. 13-14/96-SR (Vol. III) dated 18.12.97 inter alia stating that deduction of membership subscription in respect of associations which prima-facia fulfil all other conditions but were not recognized in the initial round of verification may continue to be deducted till further orders based on the written declaration unless the option is withdrawn by the individual employee. The instructions issued vide letter dated 18.12.1997 ibid still remain unchanged. 2. However, complaints are being received from number of unrecognized unions alleging stoppage of recovery of subscriptions by circles from salary of members of unrecognized unions/associations. Some of the recognized unions have also written for stoppage of such subscriptions based on which certain circle offices have sought clarification in this regard. It is, therefore, clarified that the instructions as referred to in para 1 of the letter may be followed scrupulously so as to avoid unnecessary correspondence in this regard. (No. 13-4/2006-SR Dated - 14.02.07) RECOVERY OF SUBSCRIPTION FROM PAY BILLS AND DISBURSEMENT THEREON TO THE SERVICE ASSOCIATIONS It is being repeatedly brought to our notice by various Associations that recovery of subscriptions for the recognised service Associations is not being done properly in the circles. The reasons cited are as under: (a) Most of the disbursing officer are not aware of the rules, or (b) The disbursing officers recover the subscription from members but fail to send it to the drawing officers; or (c) The amount so recovered when sent to the drawing officers in a separate cover is not properly acknowledged by the intermediate functionaries.

13

Hence it is reiterated that Drawing & Disbursing officers will note down the details of the consent of the members on the basis of letters of authorisation, in a register, extracts of which in duplicate, will be handed over to the cashier for making necessary entries in the admittance roll of the month concerned to record the deduction. The amount collected by Sub/Branch Offices at the time of disbursement of pay and allowances shall be sent to the Head Post office in a separate cover. Please ensure that the above instructions are recirculated to the concerned functionaries so that there is awareness of the regulations and recovery of subscriptions is effected regularly. (No. 13-14/96-SR (vol.III) dated – 17.11.97)

V.

FOREIGN SERVICE

No. SPB - 1. The permanent postal employees may be permitted to accept employment as 150/1/50 dated full time paid office bearers of recognised All India Service Associations 31.10.50 and that they should be treated as on deputation on foreign service term, during the period they serve the Association. The usual contribution towards leave, pension, etc, should be paid promptly and regularly to the Department of Posts by the Service Associations concerned. No Government official should remain a whole time office bearer of a Service Associations on foreign service term for a period exceeding three years at a time. No. SPB-48-3/54 2. The Head of a Circle is competent as per, FRSR to sanction the deputation dt. 21.01.55 subject to the conditions regarding fixation of pay as laid down therein, in issuing the sanction the principle outlined in the Government order reproduced in Annexure of FRSR Vol. II should be followed. Contribution taken on account of cost of leave salary and pension of the official have to be borne by the Service Associations concerned if any. The amount of joining time admissible to the officials and their pay during joining time will have to be fixed in consultation with the foreign employer vide FR 114. Substitutes may be appointed temporarily in the vacancies created by the deputation of officials. The Service Associations should accept the full liability for pay and allowances of the official concerned and also agree to the regular payment of leave salary and pension contributions as may be fixed and claimed by the audit authority concerned and disability leave and leave salary granted on account of disability incurred and through foreign service even though the disability manifests itself after the termination of foreign service, any compensatory allowance for period of leave in or at the end of the foreign service granted to the office and payment of T.A. journeys on transfer to the Union Headquarters and on reversion thereof to the officials Headquarters. No. SPB-86-6/57 3. Permanent postal employees may be permitted to accept employment as full dated 2.11.57 & time paid office bearers of circle branches of recognised All India Service dated 15.2.58 Associations also. No. 54-7/69-SPB 4. The Heads of Circles and administrative offices would take prior approval II dated 31.12.69 of the Secretary (P) in extending the period of transfer on Foreign Service of & non-gazetted employees under their control to the Service Associations beyond the period of three years. No. 86-6/75-SPB II dated 6.8.76

The period between two spell of deputation of foreign service with Service Associations as office bearers should be at least three years, which can be relaxed only in consultation with Secretary (P). No. 86-4/75-SPB 5. Pension contribution to be made by reorganised Service Associations in II dated 22.11.75 respect of serving Government employees on foreign service with them may

14

be waived. It may be noted, however, that the concession is limited to not more than two serving employees at a time. As regards leave salary contributions, there is no objection to waive it if the Service Associations agrees to bear the leave salary and if the employees concerned agreed to forego their claim for a foreign service period. 1. FOREIGN SERVICE CONCESSION PENSION CONTRIBUTION TO BE WAIVED Leave salary may be waived if the leave earned in foreign service is not debited to the employee's leave account. As a measure of Assistance to recognised Unions/Associations/Federations of Central Government employees, Government have allowed them the services of serving Government employees on foreign service terms to work with the concerned Associations/Unions/Federations. In such cases, leave salary and pension contributions are required to be paid by the Unions etc. in terms of the provisions of F.R. 115 read with F.R. 120. The staff side of the National Council (JCM) made a request that the recognised Associations/Unions etc. did not have adequate resources of their own to meet the expenditure on the salary etc. of the serving employees on foreign service with them and also meet the expenditure on the foreign service contributions required to be paid to Govt. by the Associations etc. in this regard. As a result of discussions at the National Council meeting, the matter has been examined. The undersigned is directed to say that in the interest of promotion of better understanding with the Unions, Associations etc. of employees and improving staff relations, the President has been pleased to decide the pension contributions to be made by the recognised Associations/Unions/Federations in respect of serving Govt. employees on foreign service with them may be waived. This concession will, however, be limited to recognised All-India Associations/Unions/Federations of Central Government employees and in respect of not more than two serving employees at a time on foreign service with each such Associations/unions/Federations. As regards leave salary contributions to be paid by the Associations/Unions/Federations, there will be no objection to waiving them if the Associations/Unions/Federations agree to bear the leave salary of the concerned employees in respect of the leave earned during the period of the service with the Unions etc. and if the employees concerned agree to forego their claim for leave from Government in respect of their period of foreign service with the Unions/Associations/Federations. In other words, leave of these officers during period of foreign service will be regulated under the rules of the Unions/Associations/Federations concerned. The leave salary in respect of leave granted by union Associations Federations will also be paid by them and the leave will not be debited against the officer's leave account. Further unspent balance of leave if any earned during the period of foreign service will lapse on the reversion of the officials from foreign service. The period of foreign service will not count for any kind of leave under the Government of India. These orders take effect from the date of issue. (Ministry of Finance O.M. No. F-1 (10) -E III (B)/ 75 dated 20.10.75) 2. DEPUTATION OF OFFICIALS AS OFFICE BEARERS OF UNIONS ON FOREIGN SERVICE I am directed to say that a number of references requesting approval of this Department for continued deputation of officials of the Department on foreign service to recognised unions/Associations are being received. One such case was referred to Department of Personnel and Training for approval of that Department as the official concerned was on foreign Service for more than five years. That Department clarified that their OM Dated 05.01.94 will apply in the cases of transfer on deputation/foreign service of Central Government employees who are regularly appointed on

15

deputation/foreign service in accordance with Recruitment Rules of the ex-cadre posts under the Central Government/State Governments/PSUs/Autonomous Bodies/universities/UT Admn., Local Bodies etc. and vice-versa. The cases of deputation of officials to unions do not fall in that category. In view of this clarification given by the Department of Personnel and Training, the requests received from the Unions for extension of the period of foreign service with the unions should be decided by the Circles concerned keeping in view the administrative convenience and public interest. No. 86-5/2000-SPB-II dt. 05.03.2002 DEPUTATION OF OFFICIALS AS OFFICE BEARERS OF UNIONS ON FOREIGN SERVICE I am directed to say that a number of references requesting approval of this Department for continued deputation of officials of the Department of foreign service to recognised Unions/Associations are being received. One such case was referred to Department of Personnel and Training for approval of that Department as the official concerned was on foreign Service for more than five years. That Department clarified that their OM dated 05.01.94 will apply in the cases of transfer on deputation/foreign service of Central Government employees who are regularly appointed on deputation/foreign service in accordance with Recruitment Rules of the ex-cadre posts under the Central Government/State Governments/PSUs/Autonomous Bodies/Universities/UT Admn., Local Bodies etc. and vice-versa. The cases of deputation of officials to Unions do not fall in that category. In view of this clarification given by the Department of Personnel and Training, the requests received from the Unions for extension of the period of foreign service with the Unions should be decided by the Circles concerned keeping in view the administrative convenience and public interest. (No.86-5/2000-SPB-II, Dated - 5.3.2002)

VI

MEMBERSHIP SUBSCRIPTION RECOGNISED OR OTHERWISE

OF

ALL

ASSOCIATIONS

No. 13-14/96-SR It shall be made on a monthly basis by the DDO. (Vol. III) dated 5.1.98 Postal employees will be given the chance to change the option for membership once every April. No. 13-10/96-SR On transfer of an emplo9yee to another office involving the change of DDO, the dated 14.10.96 DDO in the first office will forward the authorization of the official to the new DDO along with last pay certificate after making suitable entry in the register. The new DDO will on receipt of the authorization enter it in his register and make deductions from the salary of the official. No. 10-44/95-SR The total amount recovered from members of different Service Associations dated 17.6.96 may be remitted to the central body of the Association for further distribution provided such a provision is available in the constitution of the Association to avoid complications. Otherwise the total amount recovered shall be remitted to Divisional Secretary of the concerned Service Association who in turn will remit this amount to the Circle/All India, CHQ, etc. as per the quota fixed in their respective constitution. No. 13-1/2002-SR dated 24.03.03 Some points of doubt were referred to the DOP P&T for their clarification. The point of doubt referred to by the Department and clarification received from DOP&T thereon are reproduced below. Sl

Point of Doubt

Clarification

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No. 1

2.

3

4.

When an employee gives a revised option for deduction of membership in the month of April, as per the existing instructions the revised option will become applicable only from 1st July of that year. The doubt is as to what will be the status of the employee during the months from April to June, i.e. whether he will continue to be member of the association to which he was contributing prior to submitting his revised option and whether during these three months he will have to complete the membership fee to that association or whether with the revision of option, he severes all his connections (including contribution of membership fee) with the old association though his relationship with the new association will take effect only from 1 st July. In case of an employee becoming member of an association for the first time, the restrictions of April and July is not applicable and it can start from any date. Further his membership fee will also deducted from the month he submits his option. This needs confirmation of the DOP&T. As per Rule 5 (d) (ii) of CCS (RSA), Rules, 1993, membership of the Government Servant shall be automatically discontinued on his ceasing to belong to such category. As such, on promotion to the higher grade, an employee will cease to belong to the earlier category and consequently he will be ineligible for membership of the union to which he belonged prior to his promotion. His membership subscription for that union will also stop immediately on promotion. This needs confirmation of the DOP&T. Further, in that case, whether deduction of his membership subscription for the union he joins after promotion will start instantly or from 1st July. In case a member is expelled from one Union after the month of April and he joins the other Union subsequently, whether his membership subscription will continue to be deducted in favour of the Union to which he was a member before expulsion till the June of next year or his subscription will stop immediately on expulsion and will start for the Union he joins after expulsion.

With the revision of option in the month of April by an employee, deduction in favour of the old association would stop immediately.

This supposition is not correct. An employee can exercise his option for the first time or revise his option in the month of April only. This supposition is confirmed. It is also clarified that an employee can give his option for the purpose of deduction of membership fees in favour of a new association in the month of April only.

With the expulsion from a Union, the membership subscription of the employees would stop immediately. He/She can exercise option in favour of another association with effect from the month of April. 2. It is requested to take note of the above clarifications while dealing with deduction of membership subscription in such cases. (No. 13-1/2002-SR Dated: 17-03-2003)

VII. IMMUNITY FROM TRANSFER No. 69-18/70- 1. Concession of immunity from transfer from the headquarters of recognised SPB-1 dated service Association is applicable to their office bearers during 1st year of the 7.12.70 election to the office of Chief Executive or General Secretary, Asst. Secretary and Financial Secretary or Treasurer of Group 'C' and Group 'D' Associations whether they are All India, Circle or Divisional units if, the constitution and bye-laws of the Central Service Associations permit opening of such branches.

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No. 71-14/82- 2. If there are several office bearers with same designation, the concession SPB-I dated applies during the first year of the office to only one of each category i.e. Chief 22.5.82 & Executive or General Secretary, Assistant Secretary, and Financial Secretary (or Treasurer) as may be nominated by the Service Associations. The concession ceases to be applicable to the above office bearers on promotion to higher posts as then their membership to the given Service Association also ceases. No.71-20/833. With the mutual goodwill between the Service Association and the local SPB-1 dated office and subject to the Administrative convenience, the office bearers elected 16.9.85 to the above said offices of the Service Association may stay at the headquarters station even longer than one year. No. 69-52/72- 4. If the office bearers working at other stations are elected to these offices i.e. SPB-I dated Chief Executive or General Secretary, Assistant Secretary, Financial Secretary, 23.3.73 or treasurer they may be brought on temporary transfer to the head quarters of the Service Association during the 1 st year of election and may be retained there & even longer than one year but with the goodwill between the Service Association and the local office and subject to the overall exigencies of Administrative convenience. The above concessions will not be available below divisional level. Bringing the Chief Executive of the Service Association to their headquarters should be followed, if an appropriate post is available. dated 2.1.74

Where it is not possible to observe the general principles laid down in the instructions on the concession of immunity on transfer, a report should be sent to the Department indicating the circumstances under which it is not possible to extend the facility even in the first year of the term of office with the Service Associations. No. 69-45/73- 5. In RMS, where the divisional, circle or all India secretaries cannot be posted SPB-I dated at headquarters, there is no objection to grant request for posting of divisional 8.2.74 Circle and All India Secretaries in RMS sections to enable them to come to their Headquarters. This too is subject to Administrative convenience. No. 69-7/77- Subject to Administrative exigencies, this concession of immunity from transfer SPB-I dated may be granted for the second year also to the office bearers of such 20.4.77 Associations whose constitution provides conferences/elections in second year. CONCESSION OF IMMUNITY FROM TRANSFER TO OFFICE BEARERS OF RECOGNISED UNIONS/ASSOCIATIONS OF P&T DEPARTMENT I am directed to invite your attention to this office letter No. 69-18/70-SPB I dated the 7th December 1970 wherein detailed instructions were issued on the subject noted above. Extracts from paragraphs 2 and 3 of these instructions are reproduced below: "It is, therefore, once again made clear that: (1) The concession of immunity from transfer from the HQ of recognised Unions/Associations is applicable to their office bearers, during the first year of their selection to the office of the Chief Executive or General Secretary, Secretary, Assistant Secretary and Finance Secretary (or Treasurer) of class III or class IV unions, whether they are All India, Circle, Divisional or branch Unions (if the constitutions and by laws of the Central unions permit opening of such branches) (2) If there are several office bearers with the same designation, the concession applies during the first year of the office to only one of such category, namely Chief Executive or General Secretary,

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Secretary, Asstt. Secretary and Financial Secretary (or Treasurer) as may be nominated by the Unions. (3) The Concessions to be applied to the above Union office bearers on promotion to higher posts. (4) With the mutual goodwill between the unions and the local officers and subject to administrative convenience, the office bearer elected to above said offices of the union may stay at the HQ station even longer than one year. (5) If the Office bearers working at other stations are elected to these offices, namely, Chief Executive or General Secretary, Assistant Secretary and Financial Secretary (or Treasurer) they may be brought on temporary transfer to the headquarters of the Unions during the first year of the election and may be retained there even for longer than one year but with the goodwill between the Unions and the local officers and subject to Administrative convenience only. (6) The above concessions are not guaranteed and cannot to be claimed as a right. They are always ubject to administrative exigencies. It is stressed that the above instructions as now further clarified in para 2 above should be implemented by you as far as possible subject to the administrative exigencies so as to avoid chances of complaints about their non-implementation or wrong interpretation from any quarters. These instructions may be circulated amongst the Divisional Heads etc., for guidance. In pursuance of the suggestion contained in recommendation No. 428 of the Committee on Telecommunications, which has since been accepted by Government, it has been decided that immunity from transfer to office bearers of the recognised Unions as indicated above will henceforth not be available below the Divisional level. This is in partial modification of the instructions issued on 7.12.70 referred to above. (DG P&T No69-18/70-SPBI) CONCESSION OF IMMUNITY FROM TRANSFER TO OFFICE-BEARERS OF RECOGNISED UNIONS/ASSOCIATIONS OF CENTRAL GOVERNMENT EMPLOYEES I am directed to say that Trade Union facilities and association of Trade Union movement in the management of P&T Services were discussed in the P&T Departmental Council (JCM) meeting held on 28 th and 29th December, 1972. It has been decided that: (i) The existing orders contained in this office letters no. 69/18/70 SPB I dated 7.12.70, regarding grant of immunity from transfer to union office bearers should continue to be followed strictly except on administrative grounds. (ii) The order of the Department of Personnal circulated in this office letter No. 54/7/69-SPB II dated 30.12.69 regarding bringing the Chief Executive of Union to their headquarters should also be followed if an appropriate post in which the Chief Executive could be posted is available. (No. 69/52/72-SPB.I dt. 23.3.1973) IMMUNITY FROM TRANSFER TO OFFICE BEARERS I am directed to invite a reference to this office letter No. 69/52/72-SPB.I dated the 23 rd March, 1973 read with letter No. 69/52/72-SPB.I dated the 6th June, 1973 on the above subject and to state that it has been alleged that in several Union Office bearers had been transferred away or had not been brought to the headquarters of the Union even during the first year of office. The retention of Union

19

office bearers, at the Headquarters is no doubt subject to administrative convenience and at the discretion of Heads of Circles etc. It has however, been decided that where it is not possible to observe the general principles laid down in the instructions issued from time on the subject, a report should be sent to the Directorate indicating the circumstances under which it has not been possible to extend the facility of retention of office bearers at the headquarters of the Unions even in the first year of their term of office with the Union. (DG P&T No. 69/52/72-SPB.I dated 2.1.74) CONCESSION OF IMMUNITY FROM TRANSFER TO OFFICE BEARERS OF RECOGNISED UNIONS/ASSOCIATION OF CENTRAL GOVT. EMPLOYEES (1) ESB-150-3/36 dt. 09.2.37 (2) SPB - 69/19/50-dt. 28.5.50 (3) SPB 69-43/51 dt. 03.08.51 (4) SPB69-32/54 dt. 03.08.54 (5) SPB-69/5/58 dt. 21.1.59 (6) SPBI-69-24/64 dt. 11.6.64 (7) SPB II 54-7/69 dt. 30.12.69 (8) SPBI 69-18/70 dt. 27.7.70 I am directed to say that instructions were issued by this office from time to time in regard to the concession of immunity from transfer to office bearers of the recognised unions/associations of Central Government employees. The instructions were issued in the marginally noted orders which briefly were that concession of immunity from transfer might be granted to the Secretary and the Assistant Secretary of union in the first year of election but that was not guaranteed and was subject to administrative exigencies. In 1950 the concession was extended to Treasurer of recognised union. In 1951 it was clarified that the concession applied during the first year of election as General Secretary, Asstt. Secretary and Financial Secretary (or Treasurer) of a recognised All India, Provincial and District union. In 1954 the concession was extended to the office bearers of those branch unions also, opening of which was permitted by the constitution and bye laws of the Central union. The above orders were reiterated in 1959 when it was decided also that the concession of immunity which was to be allowed to the above union office bearers during the first year only of their election to those offices, might be allowed even for longer than one year but by mutual goodwill between the union and the local officers only. Also it was decided vide para 3 of the same orders that the Federation's request for a temporary transfer of the office bearers to the headquarters of the unions could be dealt with on the lines of above instructions. In 1964, it was decided that concession would cease to be applied to the office bearers on their promotion to higher posts as it is to be applied only with regard to their position at the time of election. In Para (3) of MHA's OM No. 27/3/69-Estt dated 8.4.69 forwarded with our circular letter dated 30.12.69, it was intimated that the Chief Executive as defined in the constitution of the Association/Union/Federation or the General Secretary might be brought on transfer to the headquarters of the appropriate head of administration as far as possible. It was also decided that in such of the Government Department/Offices where a different practice was being followed then, the existing practice if not less favourable, might continue. It has been clarified in our circular letter above mentioned No. 54/7/69-SPB II dated 31.12.69 that as the provision of our previous circular NO. 69/5/58-SPB dated 21.1.59 are more favourable to the unions they can continue to be in force as indicated vide para 3 of our circular dated 31.12.69. 2. The above orders were further clarified in this office letter of even number 27.7.70. Also separate clarifications were issued to some circles recently. In spite of all these instructions complaints from the unions against wrong interpretation or non implementation of these instructions by various circles still coming in. It is therefore once again made clear that: (i)

The concession of immunity from transfer from the headquarters of recognised unions/associations is applicable to their office bearers, during the first year of their election to the office of Chief Executive or General Secretary, Secretary, Asstt. Secretary and Financial Secretary (or Treasurer) of Class III or Class IV unions, whether they are all India, Circle,

20

Divisional or Branch Union (if the constitution and bye laws of the Central Unions permit opening of such branches). (ii) If there are several office bearers with the same designation, the concession applied during first year to only one of each category, namely Chief Executive or General Secretary, Secretary, Asstt. Secretary and Financial Secretary (or Treasurer) as may be nominated by the unions. (iii) The concessions cease to be applied to the above union office bearers on promotions to higher posts. (iv) With the mutual goodwill between the unions and local officer and subject to administrative convenience, the office bearers elected to above said offices of the union may stay at the headquarter station even higher than one year. (v) If the office bearers working at other stations are elected to those offices, namely Chief Executive or General Secretary, Secretary, Asstt. Secretary and Financial Secretary (or Treasurer) they may be brought on temporary transfer to the headquarters of the unions during the first year of election and may be retained there even for longer than one year with the goodwill between the unions and the local officers and subject to Administrative convenience only. (vi) The above concessions are not guaranteed and cannot be claimed as right. They are always subject to administrative exigencies. It is stressed that the above instructions as now further clarified in para 2 above should be implemented by you as far as possible subject to the administrative exigencies so as to avoid chances of complaints about their non-implementation or wrong interpretation from any quarters. These instructions may be circulated amongst the Divisional Heads etc. for guidance. (DGP &T Circular No. 69/18/70.SPBI dated 7.12.70) TRADE UNION FACILITIES-IMMUNITY FROM TRANSFER AND GRANT OF SPECIAL CASUAL LEAVE In the first ordinary meeting of the Departmental Council (JCM), Department of Posts held on 18.11.2003, the Secretary, Staff Side, Departmental Council (JCM) had taken up two items relating to Trade Union Facilities viz., Immunity from transfer and Grant of Special Casual Leave as item Nos. 6(a) and 6(b) respectively. 2.

3.

With regard to Item 6(a), in the Departmental Council Meeting, the Official Side stated that this would be examined. According to the existing instructions, concession of immunity from transfer from the headquarters of recognized Service Association is applicable to their office bearers during 1 st year of their elections to the office of Chief Executive or General Secretary, Assistant Secretary and Financial Secretary or Treasurer of Group ‘C’ and Group ‘D’ Associations whether they are All India, Circle or Divisional units, if the constitution and bye laws of the Central Service Association permit opening of such branches. If there are several office bearers with same designation, the concession applies during the first year of the office to only one of each category i.e. Chief Executive or General Secretary, Assistant Secretary and Financial Secretary (or Treasurer) as may be nominated by the Service Associations. In view of the change in periodicity of the election, it has now been decided that with mutual good will between the Service Association and the local office and subject to administrative requirement, the office bearers elected to the above said offices of the Service Association may stay at the headquarters station for two years. In so far as the item No. 6(b) relating to grant of special casual leave is concerned, the instructions issued in letter No. 54-13/71-SPB-II dated 31.1.74 are relevant. As indicated therein, as far as possible the Divisional Executive Committee meetings of the Service

21

Association will be held on holidays or outside office hours. The number of Members attending to the Committee meetings is to be in accordance with the Constitution. These instructions further envisage where there is reason to believe that more members are asking for special casual leave than is justified, the Constitution and the records of the Service Associations may be checked up to find out whether facilities have been asked for more Members than is admissible under the rules. In the DC meeting held on 18.11.03, the Staff Side stated that the provisions in these orders are being misinterpreted to the extent that in certain Circles, the Unions are being asked to hold meetings only on holidays or outside office hours. The Staff Side also stated that the number of officials to be granted special casual leave is also being decided arbitrarily. It was explained by the Official Side that the existence of the Department depended upon better customer service and in pursuance thereof the Staff Side must extend its cooperation and try to hold meetings on holidays or outside office hours. In view of this position, it is reiterated that while considering the question for grant of special casual leave to the office bearers of the Service Associations, the spirit of the instructions contained in the letter dated 31.1.74 is to be kept in mind. (No.137-41/2003-SPB-II Dated - 8-7-2004)

VIII. SPECIAL CASUAL LEAVE No. 54-1/71-SPB- 1. Special Casual Leave up to maximum of 20 days in a year may be granted for the following purposes: II dated - 15.3.71 (a) When the delegates to All India Conferences and members of the executive committees are required to attend such conference and meetings. (b) When members from outstation are required to attend periodical meetings with Heads of Circles. (c) When members from outstation wait on deputation the Minister/MOS and Secretary (P). 2. Special Casual Leave may be allowed to members of Service Associations coming from outstations to attend their monthly meeting with Departmental Officers at divisional level on the following conditions: (i) Not more than two members are allowed the concession during a year. (ii) Special Casual Leave is allowed only for a day/days of the meeting and the actual time taken in the journey. (iii) Maximum limit of Special Casual Leave allowed does not exceed 12 days in a year. (iv) The concession under this item will not bring an additional benefit to the staff who under para 1 above are allowed the concession for Special Causal Leave to the extent of 20 days in a year. If any official is required to meet the divisional head, the Special Casual Leave granted to him for the purpose will be counted against those 20 days Special Casual Leave in a year. (v) The local members may be given suitable off for the duration of the meetings. No. 54-9/66-SPB II dt. 13.07.66 3. Public holidays and weekly offs to the extend admissible to the category of the officials to which the office bearers of the Service Associations belong falling within the period of Special Casual Leave granted to them or immediately proceeding or following should not be counted as part of Special Casual Leave. No. 54-19/59-SPB 4. Special Casual Leave is not allowed to be combined with regular leave/E.L. dated 31.8.59 or half pay leave etc.

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& No. 54-13/71- An understanding reached in the departmental council of JCM stipulates that SPB-II dated as far as possible the Divisional executive committee meetings of the Service 31.1.74 Associations will be held on holidays or outside office hours. As regards number of members attending the committee meetings the same will be in accordance with the constitution. Where there is reason to believe that more members are asking for Special Casual leave than justified, the constitution and the records of the Service Associations may be checked up to find out whether facilities have been asked for more members than admissible under the rules. No. 54-1/83-SPB- 5. The office bearers of recognised Service Association may be granted II dated 6.12.83 Special Casual Leave for attending trade union seminars subject to the condition that maximum limit of Special Casual Leave does not exceed 20 days in a year. No. 16-30/83-SR 6. Notices issued by the General Secretaries of the Service Associations for dt. 30.01.84 & All India Conferences Working committee or Executive committee meeting 09.01.85 of the Service Associations are not being circulated by the Department. Instead the Circle Secretary concerned should furnish an attested copy of the notice to the Heads of circles and other administrative offices requesting them to issue necessary instructions to the concerned authorities for granting Special Casual leave to the eligible officials subject to the overall limits. The competent authority will then sanction Special Casual leave to eligible officials provisionally on receipt of applications from them. On completion of the conferences/meetings the officials will be required to produce a certificate from the General Secretary to the effect that they had actually attended the conference/meeting for its full duration. Thereafter, Special Casual Leave granted provisionally will be regularized. No. 16-38/82-SR 7. The other facilities such as deputation of official observer to the (Pt.) dated 28.8.87 conferences, permission to conduct conferences within the departmental premises, outside working hours, grant of Special Casual Leave to the delegates to the circle conferences, should continue to be extended at the time of the elections of the Service Associations from which facilities had been withdrawn for not conducting the prescribed elections in time. These facilities would not, however, be available to the office bearers of the concerned branch which failed to hold the elections in time. FACILITIES FOR RECOGNISED GOVERNMENT EMPLOYEES

UNIONS/ASSOCIATIONS

OF

CENTRAL

In modification of the orders contained in para I of this office letter No. 54-7-69-SPB-II dated 30.12.1969, I am directed to say that it has been decided that special casual leave upto a maximum of 20 days in a year may be granted for the following purposes: 1

(a)

Where delegates to the All India Conferences and Circle conferences and meetings and members of the executive councils and Circle and Divisional Executive Committee are required to attend such conferences and meetings,

(b)

When members from outstation are required to attend monthly meeting with Heads of Circles.

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(c)

When members from outstations wait on deputation on the Minister, Minister of State/Deputy Minister, and Director General.

2 Special Casual Leave may be allowed to members of the Unions coming from outstations to attend their monthly meetings with Departmental officers at Divisional level on the following conditions: (a) That not more than two members of the Divisional Union are allowed this concession during a year. (b) That Special casual leave is allowed only for the day/days of the meetings and the actual time taken in the journey. (c) That the maximum limit of Special casual leave allowed does not exceed 12 days in year. (d) That the concession under this item will not bring an additional benefit to staff who under para 1 above are allowed the concession of special casual leave to the extent of 20 days in a year. If any official is required to meet the Divisional Head, the special casual leave granted to him for the purpose will be counted against those 20 days special casual leave in a year. (e) The local members may be given suitable off for the duration of the meeting. 3.

All the above mentioned concessions are to be allowed subject to the condition of exigencies of service. (No.54-1/71-SPB-II dt. 15.03.71)

GRANT OF SPECIAL LEAVE TO DELEGATES FOR ATTENDING ALL INDIA AND CIRCLE CONFERENCE HELD BY UNIONS/ASSOCIATIONS AFTER WITHDRAWAL OF UNION FACILITIES I am directed to invite your attention to this office letter of even number dated 4th July 1986 on the above subject and to say that the question of revision of the existing instructions has been considered. It has been decided that the Union facilities such as deputation of official observer to the conferences, permission to conduct conferences with in the departmental premises outside office working hours, grant of special casual leave to the delegates to the Circle Conferences should continue to be extended at the time of the elections of the Union from whom facilities had been withdrawn for not conducting the prescribed elections in time. These facilities would not, however, be available to the office bearers of the concerned 1 branch which failed to hold the elections in time. These instructions may be given wide publicity. (DG (P) No. 16-30/82-SR (Pt) dt. 28.08.1987) SPECIAL CASUAL LEAVE FOR SEMINARS - PROPOSAL FROM FEDERATION OF NATIONAL P&T ORGANIZATION FOR GRANT OF SPECIAL CASUAL LEAVE FOR ATTENDING TRADE UNION SEMINARS Federation of National P&T Organisation, had started conducting a series of Trade Union Seminars, from July, 1980 with the object of building up healthy trade unionism, The seminars are held at two or three stations in each Circle. The Federation had requested that the period of seminars and transit time to and from the venue of the seminar in respect of outstation trainees be treated either as duty or on special casual leave.

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The proposal has been examined in consultation with Department of personnel and Administrative Reforms. It has been decided that office bearers of recognised Unions/Associations may be granted special casual leave for attending Trade Union Seminars according to the instructions contained in this office circular letter No. 54/1/71-SPB II dated the 5th of March, 1981 subject to the condition that maximum limit of special casual leave allowed does not exceed 20 days in a year. The above concession will be subject to exigencies of service. (No. 54-1/83-SPB-II dated 06.12.83) GRANT OF SPECIAL CASUAL LEAVE TO DELEGATES FOR ATTENDING ALL INDIA AND CIRCLE CONFERENCE HELD BY UNIONS/ASSOCIATIONS AFTER WITHDRAWAL OF UNION FACILITIES I am directed to invite your attention to this office letter of even number dated 4th July 1986 on the above subject and to say that the question of revision of the existing instructions, has been considered. It has been decided that the Union facilities such as deputation of official observer to the conferences, permission to conduct conferences within the departmental premises outside office working hours, grant of special casual leave to the delegates to the Circle Conferences should continue to be extended at the time of the elections of the Union from whom facilities had been withdrawn for not conducting the prescribed elections in time. These facilities would not, however, be available to the office bearers of the concerned branch which failed to hold the elections in time. 2.

These instructions may be given wide publicity. (No. 16-30/82-SR (Pt.) Dated - 28.08.1987)

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IX.

INTERVIEW

No.16-19/63-SR dated 16.10.63

1. There is no objection to the Service Associations meeting the local officers informally, but such meetings should not be held regularly or treated as formal meetings. No. 16-3/63-SR dated 2. Regular formal meetings are not to be held below the Divisional level. 7.12.63 & No. 10.29/58Unions The Minister and also the Secretary (P) may, at their discretion, receive dated 04.11.58 & deputation of circle and branch associations during their tours. These 23.2.59 meetings will be treated as informal and minutes will not be drawn up and supplied to the Association. Action will, however, be taken to ensure that any important decision taken or assurance given by the Minister or the Secretary (P) at such meetings is duly pursued and the Associations concerned will be informed of the results as soon as practicable. 3. The instructions at 2 above Mutatis Mutandis apply to the meetings of the Heads of Circle during their tours with local branches of the Service Associations. Accordingly, any interview, granted by the Heads of circle during their tours to the Divisional branches will be treated as informal and no minutes shall be drawn up or supplied to the Service Associations. 4. At the above mentioned informal meetings, questions of local significance and not of All India or general importance will be discussed. Matters of All India and general nature will have to be taken up through the All India Service Association as the case may be. Issues that are peculiar to the various circles will be taken up only by the circle Associations and not by the Divisional Associations. No. 23-24/59- SR 5. When Branch Associations seek interview during the course of tour of dated 31.12.59 Minister or Secretary (P), they should confine the points for discussions No.23-99/77-SR to matter of local significance. Matters of All India and general nature, dated 29.12.97 should be taken up only through the Central Associations. No. 33-7/77-SR dated 6. At the All India level, meetings will be held once in four months, at the 26.12.77 circle level once in four months (except with Administrative No. 31-3/79-SR dated offices/Associations where it will be held bi-monthly with the Heads of 18.7.79, 27.9.84, & Circles), at the Regional level once in two months and at the Divisional 3.12.79 level monthly. No. 31-3/79-SR dated 7. Director (Hqrs.) too shall grant formal bi-monthly meetings to the 3.12.79 concerned Circle Branch Associations in respect of the Postal/RMS units placed under their control. No. 16-9/61-SR dated 8. The duration of the periodical meetings at central level shall not exceed 22.3.63 & No. 31five hours. 3/79 SR dt. 28.12.79 & The duration of periodical meetings at circle level shall not exceed three No. 13-11/69-SR hours. dated 9.3.72 The duration of periodical meetings at Divisional level shall not exceed No. 18-11/69-SR two hours. dated 9.3.72 No.3-10/69-SR dated 9. The number of items to be submitted by each Service Association at 23.2.70, Central and Circle level shall be three. No. 16-9/61-SR dated The number of items to be submitted by each Association at Regional 22.3.63 level shall be three. No. 31-3/79 -SR There shall be no limit as to the number of items that may be discussed at dated 28.12.79 the Divisional level at the same time. No.18-11/69-SR dt. However, the time limit of 2 hours shall be followed strictly. 09.03.72

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31-3/79-SR 26.10.83

dated 10. Any office bearer of the Circle Branch of Administrative offices Employees Association who is located at the H.Q. Station of the Regional Director of Postal Services and authorized by the Circle Secretary may be allowed to informally meet the Regional Director bimonthly in addition to formal bimonthly meetings at the level of Heads of Circle. No. 3-18/72-SR dated 11. Items for discussion in the agenda of the periodical meetings (at central 14.8.72 level) should be submitted by the Association within two months of the date of the last meeting. The explanatory note should be sent in quadruplicate. No.3-17/72-SR dated- 12. Association should send items for discussion in the next bimonthly 11.8.72 meetings within period of one month from the date of the last meeting. The explanatory notes of items should be sent in sufficient detail. The explanatory note should be furnished in quadruplicate. No. 16-9/61-SR dated 13. The number of representatives who will attend the meeting at the 22.3.63 & central level is restricted to one per Association. No. 31-3/79-SR dated The number of representatives at Circle level is restricted to two per 28.12.79 & Association. No. 31-1/74-SR dated The number of representatives at Regional level is restricted to two per 23.7.75 Association. The number of representatives at the Divisional level is restricted to three per Association. No. 31-2/85-SR dated 14. In an exceptional case if there is no office bearer of the Circle 29.10.86 Association at the headquarter of the RDPS or the office bearer located at the Regional Headquarters is unable to shoulder the responsibility of maintaining correspondence and holding meetings with the RDPS, it shall be open to the Circle Secretary to authorize a Circle office bearer, who is not located at the headquarter of the RDPS, but is serving within the jurisdiction of the RDPS, to correspond and hold meetings with the RDPS concerned. No. 31-2/83-SR dated 15. Formation of Regional branches by any Association has not been given 05.06.84 cognisance by the Department nor any amendment to their constitution providing for formation of branches at Regional level has been accepted by the Department. Therefore, the question of grant of any meeting or any other facilities to such office bearers for the Regional branches as they call them, does not arise. If any such office bearer also happens to be a Circle Association office bearer and happens to be eligible for grant of bimonthly meetings and exchange of correspondence with the Regional Directors as per letters dated 31-3/79-SR dated 16.3.1981 and No. 21-1/75-SR dated 3.7.1981, he will naturally be entitled for the meetings and exchange of correspondence as a Circle Association office bearer. No. 81-2/81-SR dated 16. Subordinate officers may also attend or participate in the interviews 05.06.68 & No. 33- granted by a higher officer by way of assistance to the senior officer. 4/67-SR dated 4.7.67 & No.16-3/63-SR dated 17. There is no objection to a non-office bearers being included within the 6.7.63 permissible number of representative of the Unions at periodical meetings provided the former is a Member of the Association and an employee of the Department. No. 33-2/68 - SR 18. The facility of holding periodical meetings at various levels has been dated 7.5.68 afforded for resolving through discussions the grievances, problems etc., connected with the service interest of the member of the Associations and for offering suggestions for effecting improvement in the efficiency of service. Such meetings should not be used a forum for discussion of the

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No. 13-11/69-SR dated 9.9.70

No. 33-10/71-SR Dated 23.07.71 No. 33-2/12-SR dated 18.7.73 No. 33-4/73-SR dated 15.1.74

No. 38-2/75-SR dated 3.5.75 No. 3-13/71-SR (Pt.) dated 7.12.71 No. 3-3/81-SR (Pt.) dated 11.8.81

No. 33-2/78-SR (Pt.) dated 30.10.78

acts of omission or commission of an individual officer. Critical discussion against any individual whether he is non gazetted employee or gazetted employee is not permitted in formal meetings. If the Associations have any complaint against any individual, it can be brought to the notice of the administrative authorities through correspondence or through informal discussions with the appropriate officers for necessary action. 19. Separate interviews may be granted to the Unions affiliated to National Federation of Postal Employees and Federation of National Postal Organisations. The Head of the Circles should, not only preside over Association meetings at Circle level, but also participate fully in discussions. 20. Items from administrative side may also be included in the agenda for discussion in formal meetings with Associations at all levels. 21. The Circle branches of the Association of Gazetted officers may also seek interviews with the Head of the Circle and in cases of formal meetings, the minutes of the meetings may also be issued. 22. The Associations may meet officers/other than Chairman, Postal Services Board and Minister. Such interviews unless otherwise ordered by the Chairman are to be treated as purely informal and no formal minutes thereof should be drawn up and circulated. For official purposes and for follow up action, a note of the discussions is kept and a copy of the note sent to SR Section. No officer below the rank of DDG should grant any interview, if specifically authorized by the Chairman, any such officer may meet the representatives of the Associations in his behalf and such meetings will be treated as formal meetings and minutes will be drawn up and circulated. 23. The minutes of the Services Associations meetings at circle level will not be circulated to all Divisions but only the relevant extracts will be furnished to the Divisions concerned. 24. The matter discussed during a periodical meeting will not be placed on the agenda of such meetings during the following 12 months unless for any special reason, the Chairman direct otherwise. 25. The General Secretaries of the recognized Associations seeking a special interview with Chairman, Postal Services Board for discussion on any urgent special problems should seek an interview with the concerned Member of Postal Services Board. The interview would be granted by the Members of Postal Services board if an appointment for the same is got fixed up in advance. 26. Whenever, the Federations/Associations etc hold meetings with senior officers (Member/DDG) concerned on issues arising out of the discussions in their meetings with the Chairman, Postal Services Board, the formal minutes of such meetings should be duly drawn up by the concerned officers and issues to all concerned.

POINTS RAISED BY BRANCH UNIONS WITH THE MINISTER AND THE DIRECTORGENERAL I am directed to invite a reference to para 4 of this office letter No. 10-29-58. Union dt. 23.2.59 wherein it was specifically mentioned that when Branch Unions seek interviews during the course of the tours of the Minister or the D.G, the should confine the points for discussion to the matters of local significance. It was particularly stressed that matters of all India and General nature should be taken up through the Central Unions and Federations, as the case may be. It has been noticed, however, that

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these instructions are frequently disregarded by the Branch Unions who raise points which have no local significance and which should be taken up by the Central Unions or the Federations. As this practice leads to numerous complications and needless work nor does it in any way help your subsidiary branches it will be appreciated if you will kindly instruct them not to take up matters of any All India character or of general policy with the Minister or the Director General but to confine themselves to points of local significance. No. 23-24/59-SR dated 31.12.59 FACILITIES FOR TRADE UNION ACTIVITIES

In their Memo. No. 18/21/60-SR I dated 9.5.61, the Ministry of Labour and Employment communicated the decisions of Government on the recommendation of the Pay Commission on provision of reasonable facilities for Trade Union activities. On a number of such issues, a series of orders were already in force in the P&T. In his memo No. 16-2/61-SR dated 31.8.61, the D.G, P&T summarises the instructions already issued and clarifies them in the light of the decisions conveyed by the Ministry of Labour. We reproduce below both the Memoranda. The instructions contained therein may be carefully studied and acted upon. Copy of letter No. 16-2/61-SR dated 31.8.61 from member (Admn) Office of the D.G. P&T, new Delhi to all Heads of Circles and Administrtive offices. I enclose a copy of the Government of India, Ministry of Labour and Employment O.M. No. 18/21/60LRI, dated 9.5.61 on the above subject with the request that the decisions contained therein may be brought to the notice of all officers for their information and guidance. As regards the facilities mentioned in Para 1 of enclosed O.M, I am to point out that so far as the Associations and Unions of P&T employees are concerned, instructions have been issued from time to time by this office for providing the facilities. The instructions issued and the extent to which those instructions hold good in view of the orders contained in the enclosed O.M. are mentioned below: 1. Holding of meetings by the recognised Trade Unions in office premises. (i) (ii) (iii) (iv) (v) (vi)

Memo No. S. 256 2/4/41 Letter No. SPA 351/17/53 dt. 8.2.54 Memo No. SPB 69-17/53 dt. 28.1.55 Letter No. 70/25/58, SPA dt. 9.12.58. Letter No. 16-1/59 SR dt. 17.9.59 Letter No. 16-4/61 SR dt. 22.4.61

In respect of this facility the marginally noted communications have been issued by this office. According to the instructions contained in these communications, the P&T Unions and Associations may, on obtaining the prior permission of the local Head of office after showing him the Agenda of the meeting, hold meetings in office-premises. The grant of permission will in all cases be subject to the conditions that the security of the office premises is not interfered with, that the sanctity of the office premises is maintained and that there is no disturbance to office work. The recreation rooms, canteens, open compounds etc. attached to the departmental buildings are included in the term "Office premises". The office premises are not to be used as a platform for any political meeting. Requests for holding meetings of two or more recognised unions/associations in office-premises should be considered by the Head of the office concerned on their merits, taking into consideration the space available, the number of people likely to attend, matter to be discussed, possibility of feelings to be roused among the participating unions/associations and the need for safeguarding the departmental property and installations such as telephone exchange etc.

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The above instructions continue to hold good and should, therefore, be carefully noted by all Heads of Offices. 2. Display of notices by the Recognised Trade Unions/Associations in the office premises. The facilities already allowed to the Unions and Associations of P&T employees are given in DG's General Circular No. 23 dt 19.11.59 and are similar to those contained in the enclosed O.M. Clause (iii) in para 1 of the D.G. Circular No. 23 dt. 19.11.59 may be amended as follows: (iii) "Announcements regarding holding of election (excluding canvassing therefore) and results thereof". As explained in this Office No. 16-7/60-SR dt. 8.7.60 notices relating to the call or conduct of Strike are subversive of discipline and cannot be displayed on Notice Boards in office premises. 3. Grant of Special casual leave to association/Union Office bearers for attending executive Committee meetings, conferences etc. The existing orders issued by the D.G. in respect of grant of special casual leave to the Associations in Civil Servants an Unions of Industrial workers are contained in the communications noted below:Memo No. SPB 58. 22/52 dated 30.11.53 SPB 58-12/55 dt. 9.8.55, SPB 54-7/57 dt. 8.8.57, SPB II-54/14/59 dated 30.11.59, SPB II-54/26/59 dated 10.3.60 and STB, 150-64/56 dated 29.3.57

Associations of Civil Servants.

Union of Industrial workers

The above orders continue to remain in force. 4. Release of Govt. Employees to work as full time Union Functionaries on Foreign Service Terms. The facilities mentioned in the enclosed O.M. are already provided to the P&T employees vide this office letter No. SPB. 150-1/59 dated 31.10.50, No. SPB 14-3/54 dt. 24.01.55 read with memo No, 846/57 dated 2.11.57 as modified by Memo No 86-6/57-SPB dated 15.2.58. Those instructions continue to remain in force. Receipt of this letter may kindly be acknowledged. Copy of O M No 18/21/60-LRI dt. 9.5.61 from Govt. of India - Ministry of Labour. The undersigned is directed to say that the Govt. of India have had under consideration the recommendation by the Pay Commission in Para 18 of the Chapter XL IX of their Report that reasonable facilities should be provided by Govt. for trade union activities of their employees. After careful consideration Govt. of India have decided that the following facilities may be provided for recognised Trade Unions to carry on their activities.

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a. Holding of meetings by the recognised Trade Unions in office premises. It has been decided that recognised associations/Trade Unions should normally be permitted to hold meetings on open land outside the security zone of office/factory premises. Where however, the Head of the Department/Office/Factory is satisfied that the holding of such a meeting within the Office/Factory premises can be allowed without detriment to the security of the Office/Factory and without obstruction of the Office/Factory work and that suitable accommodation within the premises is available, he could permit the meeting to be held within the premises. b. Display of notices by the recognised trade Unions/Associations in the office premises. The facility for display of notices of a non controversial nature in office premises had been granted to recognised associations/trade unions by some of the Ministries and Departments in some cases subject to prior approval of notices other than those of specified types. It has been decided that in other Departments/Establishments where such facilities have not been granted hitherto, the Associations/Unions may be allowed to display notices relating to the following matters: (i) (ii) (iii) (iv) (v)

The date, time, place and purpose of a meeting. Statements of accounts of income and expenditure of the Unions/Associations. Announcements regarding holding of elections (excluding canvassing therefore) and results thereof. Reminders to the membership of the Associations/Unions in a general way about the dues outstanding against them. Announcements relating to matters of general interest to the members of Associations/Unions provided: a. They are not in the nature of criticism; b. They are not subversive of discipline; c. They do not contain objectionable or offensive language, and d. They do not contain attacks on individuals directly or indirectly.

Associations/Unions who display notices in contravention of the aforesaid provisions will be liable to be debarred from availing of this privilege without prejudice to any other action that may be taken under the rules. c. Grant of Special Casual Leave to Association/Union Office-bearers for attending Executive meetings, Conferences. In accordance with the Ministry of Home Affairs, O.M. No. 24/33/59-Estt (B) dt. 4.1.60. Special casual leave to office-bearer of recognised service associations upto a maximum period of 10days in a calendar year for participation in the activities of the associations can be allowed in such Government Departments/Offices where no special casual leave is at present permissible. It is also provided in that O.M. that in such of the Government Departments/Offices where the practice of allowing special casual leave for the above purposes is already in vogue, the existing practice regarding the quantum and occasions for granting such leave may continue. It has been decided that this facility, as embodied in the Home Ministry's O.M. may be extended to the office-bearers of recognised trade Unions also. d. Release of Government Employees to Work as Full-Time Union Functionaries on Foreign Service Terms It has been decided that Government employees in respect of whom recognised trade unions make a request for their services for employment as full-time union functionaries may be released on foreign service terms. The final decision as to whether a particular Government employee can be released on

31

foreign service terms for this purpose, and for how long the deputation may continue, should, however, rest with the authority competent to depute a Government servant on foreign service vide S. Nos. 29 and 30 in Appendix 4 to the Posts and Telegraphs compilation of F.R and S. Rs Vol. II. It should also be provided that an employee who is placed on deputation may revert to regular Government service whenever he so desires. The terms of deputation on foreign service to be allowed in such cases should conform to those laid down in the Standing Guard File on 'Transfer of Central Government Servants to Foreign Service' issued by the O&M Division of the Cabinet Secretariat. The full cost of deputation, including leave salary and pension contributions, should be borne by the association/union concerned and the terms of foreign service should be settled in advance before an employee is relieved from Government service to take up employment under the foreign employer. 2. In the context of the Commission's recommendations, the question of granting free railway passes to union functionaries for the purpose of attending trade union meetings has also been considered. It is felt that service associations and trade unions should be fully self-supporting. It is, therefore, not considered necessary that Government should meet the travel costs of Government employees attending trade Union meetings in their capacity as union functionaries. 3. It is requested that the above decisions may kindly be communicated to all officers under the control of the Ministry of Commerce and Industry etc. for compliance and circulation to all associations/Unions operating under them. (DG. P&T No. 16/2/61-SR dt. 31.08.61 & 23.10.61) INFORMAL MEETINGS OF UNION OFFICE-BEARERS WITH DEPARTMENTAL OFFICERS Kindly refer to Item No. 18 of the minutes of the interview granted by the Director-General to the National Federation of P&T Employees and the Federated unions on 19th August, 1963 in which it was pointed out that it should be possible for most of the problems to be settled by the unions at the divisional level but there was no objection to the branch unions having occasional meetings with the local officers. Meetings held with the local officers and meetings held with the Divisional Officers apart from the periodical meetings are treated as informal meetings. Such informal meetings could be held according to the mutual convenience of the Union office-bearers and the Departmental officers concerned. 2. It has been brought to Directors-General’s notice that recently the President of one of the unions visited a divisional office but the Divisional Officer had no prior intimation about the proposed of the Union’s president. 3. It will be appreciated that in the absence of prior intimation it may not always be possible for the departmental officers to make suitable arrangements to hold discussions with the union representatives. You may therefore, issue instructions to your branch unions that in order to avoid any unpleasant situation whenever they wish to hold any formal discussion with the departmental officers or the Presidents desire to discuss any matter with a departmental officer, the time and date of the meeting should be fixed before-hand in consultation with the departmental officer and the number of the union representatives who want to take part in the meeting should be intimated to the departmental officer. (No. 16-10/64-SR Dated - 16.06.64) PRIVILEGES-MEETINGS-QUESTION WHETHER NON-OFFICE-BEARERS CAN ALSO PARTICIPATE IN THE PERIODICAL MEETINGS WITH THE UNIONS/ASSOCIATIONS Instructions were issued in this office letter No. 16-12/62-SR dated 30.04.62 addressed to the Director, P&T Rajasthan, copies endorsed to all the Heads of Circles that Union/Association Office-bearers should participate in the regular periodical meetings with those authorities only to which their

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Unions/Associations are accredited. In partial modification of those instructions it has been laid down in this office letter no. 16.5/63-SR dated 23.4.63 that no objection need to taken to a Circle Secretary of the union concerned being present at a Divisional meeting if he happens to be at, or he is passing through the station, but non-employees of the Department who do not hold any office in the Union, will not be permitted to participate in these meetings. In further modification of the instructions dated the 30.4.62, it has been decided that there is no objection to a non-office-bearer being included within the quota of representatives of the Unions for such meetings provided he is a member of the Union and an employee of the Department. 2. This has reference to your letter No. PS/LI/Rlg. dt. 26.4.63. (for PMG. Ambala only) (No. 16-5/63-SR Dated - 6th July 63) SEPARATE MONTHLY MEETINGS WITH THE UNIONS FEDERATED TO NFPTE Your attention is invited to the decision taken in the last Conference of Heads of Circles that the existing system of granting monthly interview to the Unions may continue for some time and that the question of giving separate or joint interviews should be decided by the Head of the Circle concerned, depending upon the local conditions. 2. The chairman has since decided on representations made on behalf of the NFPTE that whenever there is a demand, separate interview may be granted to the Unions federated to NFPTE and the FNPTO. The monthly meetings should be held separately with these Unions as usual in accordance with the instructions issued from time to time. 3. It has also been brought to the notice to the Chairman that you are not presiding the monthly meetings with the Unions. The Chairman desires that you should not only preside over such Union meetings but also participate fully in the discussions. 4. The receipt of this D.O. may please acknowledged to the Secretary, P&T Board. (No.13-11-69-SR-Part-II Dated - 28.09.1970) PERIODICAL MEETINGS TO THE UNIONS AT CIRCLE/DIVISIONAL LEVEL I am directed to say that various Unions of Postal Employees have pointed out from time to time that periodical meetings with the Unions at Circle/Divisional level are not held regularly as per the prescribed periodicity. This issue was also raised in the 14th Ordinary Meeting of the Postal Departmental Council (JCM) held on 4.1.93 and the Chairman, Postal Services Board desired that all the Circles may be directed to strictly follow the orders issued by the postal Directorate in the matter, and should hold the periodical meetings with the Unions as per the prescribed periodicity. In this connection, I am directed to invite your attention to various instructions issued by the Department of Posts for holding of meeting with the Unions and it is reiterated that the Unions may be granted meetings by the concerned officers at Circle/Regional/Divisional level as per periodicity indicated below:i) Circle branches of the recognised Union will be granted periodical meeting once in a four months by the Head of the Circle except in cases of Admn. Unions where it is bi-monthly. ii) Formal Bi-monthly meeting will be held by the regional heads; and iii) Monthly meetings at the Divisional level with Divisional heads. Secretary (P) has desired that these instructions should be followed by all the Circles/Regions/Divisions. The effort should be to hold these meetings at the prescribed periodicity. (No.31-1/92-SR Dated - 26.2.93)

X

MEETINGS

No. 16-2/61-SR dated 1. The Association may, on obtaining prior permission of the local head of 31.8.61 office and after knowing the agenda of the meeting, hold meeting in office

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premises. The grant of permission will in all cases be subject to the conditions that the security of the office premises is not interfered with, that the sanctity of the office premises is maintained and that there is no disturbance to office work. The recreation rooms. Canteen open compounds etc., attached to the departmental buildings are included in the terms in the office premises. The office premises are not to be used as a platform for any political party meetings. Requests for holding meeting from two or more recognized Associations in the office premises shall be considered by the Head of the office concerned on their merits taking into consideration the space available, the number of people likely to attend, matter to be discussed, possibility of feelings to be roused among the participating Associations and need for safeguarding the departmental property and installations. No. 33-8/84-SR dated (ii) In addition to the above, the grant of permission will in all cases be 22.8.83 subject to the following conditions: i. Meetings should be attended only by those members of the Associations who are postal employees or are office bearers; ii. Loud Speakers are not to be used, since they cause disturbance to office work. Further in case any damage is caused to office property, or breakages caused to chairs, tables, etc. the Association concerned will be liable to bear the costs of repairs or replacement of such items of furniture or any other Government property. In case of any violation by any Association of any of the conditions under which the permission had been granted, no permission should normally be granted for a minimum period of six months. After the expiry of this period, the Head of the concerned office will use his judgment for granting permission for holding meetings. If any Association comes with a request for holding meetings before the expiry of the stipulated period of six months and with sufficient justifications, the Head of the office will send his recommendations to his next superior having regard to all relevant considerations for a decision. If, owing to commission of any act of violence, permission has been refused for holding meetings in the office premises, permission to hold meeting on subsequent dates should be granted with the approval of the Department of Posts. It is clarified that the term 'Office Premises' includes the recreation rooms, canteens, open compounds etc. attached to the departmental buildings. No. 33-7/77-SR dated Permission to hold meetings may also be given in such offices which 26.12.77 work round the clock subject to administrative convenience and other prescribed conditions and the official on duty not leaving their work to attend such meetings. No. 16-1/59-SR dated (iii) Requests for holding joint meetings of two or more recognized 17.9.59 Associations should be considered on their merits in the light of space available, number of people likely to attend, issues to be discussed, the possibility of feelings being roused among the participating Associations and need for safeguarding the departmental property and installations. The heads of offices may exercise their discretion in granting permission and holding joint meetings in office premises having regard to these considerations.

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ISSUES TAKEN UP BY BRANCH UNIONS/ASSOCIATIONS/WITH M (C) MS (C) AND DG DURING THEIR TOURS. I am directed to state that in accordance with the prescribed channel of communication, Unions/Associations at different level are to communicate only with their accredited authority, i.e., a Divisional Union is to communicate only with its Divisional Head, a Circle Union with its Circle head and so on, and as a guiding principle, their scope of representation is also restricted to matters of common service interests which are within the competence of their accredited authority to dispose of. However, if a matter is not settled to the satisfaction of the Union concerned at a particular level the same can be taken up with the next higher authority through the Union accredited to that higher authority. However, during their tours, M (C), MS (C), D.G. receives requests from Branch Unions for granting them interviews, which are generally conceded to not as a matter of right, but purely as a gesture of courtesy and convenience. It is however, noticed that during such interviews, the Branch Unions invariably violate the said channel of communication and also superseed the higher union authorities by raising points or submitting memoranda containing matters not of local significance, but of all India and general nature, which can be taken up only by Central Unions/Associations at all India level in accordance with the existing orders. In this connection, your attention is invited to this office letter No. 23-24/59 SR dt. 31.12.1959 (where in you are) requested to instruct your Branch Unions not to take up matters of all India character or of general policy with the Minister or the D.G. but to confine them selves to points of local significance, which is still in force. In the circumstances stated above, I am directed to request you to ensure that the instructions contained in this office letter dated 31.12.1959 referred to above are followed strictly by your branch Unions/Associations in future. No. 23-99/77-SR dt.29.12.77 PERIODICAL MEETINGS AT DIFFERENT LEVELS The system of meetings held with the realigned unions at various levels has been reviewed and the following decision have been taken by Government in regard to periodicity, duration, number of items and number of union representatives attending these meetings: Periodicity: - The meetings at Circle and Divisional level will continue to be held monthly as at present, while at the Centre meetings of the National Federation of P & T Employees and the Unions affiliated to it with the Chairman, P&T Board, will be held once in two months. Duration: - The duration of each meeting at the Centre as well as at the Circle level should not exceed five hours, while at the Divisional level it should not exceed three hours. Number of items: - The number of items to be submitted by each union will not ordinarily be more than 2 at the Centre; if time permits, additional items my be discussed at the centre. The items will be 3 per union at the Circle level. There will be no restriction on the number of items to be discussed in the monthly meetings at Divisional level within the prescribed time limit. Number of representatives: - At the Centre, the number of representatives will ordinarily be restricted to one per union, while at the circle level it should ordinarily be restricted to two per union. On special occasions this limit may be exceeded with the permission of Director General/ Postmaster General at the centre and circle level respectively. There need be no restriction ordinarily on the number of

35

representatives at the Divisional level. The union, will however, be expected to ensure that the number of representative attending such meeting at the divisional level does not become unwieldy. Receipt of this letter may please be acknowledged. (No. 16-9-61-SR dated 22.03.63) PERIODICITY OF UNIONS' FORMAL MEETINGS WITH THE ADMINISTRATION AT DIFFERENT LEVELS - REVIEW OF The question of formal periodical meetings between the Federation/Unions/Associations and the Administration at Central/Circle/Divisional levels had been under careful review of the Departments for some time past. The Department is of the view that the existing system of biomonthly/monthly meetings at Central/Circle/Divisional levels had practically become redundant since the introduction of a more effective and efficient system of representation of the cause of the employees, viz. the Departmental and Regional Councils at Central and Circle levels under the scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government employees. As such, and keeping in view particularly the fact that the accredited authorities at all levels are finding it difficult to keep up the frequency of the meetings as at present. It has been decided that henceforth the formal periodical meetings between Federation/federated and non-federated Unions/associations and the Admn. at different levels will be as follows: 1.

At central level meetings with

(i) (ii) And (iii) (b)

2.

All Circle levels meeting with

(i) (ii) And (iii) (b)

3.

Divisional level

:

FNPTO and its affiliates NFPTE and its affiliates Non- Federated Unions will be held once in 4 months The Departmental Council would continue to have the meetings once in Four months. Affiliates of FNPTO Affiliates of NFPTE Non-Federated will be held once in 3 months. The Regional Council would continue to have their meetings quarterly. Meetings with federated and nonfederated Unions/Associations will be held bimonthly.

All your branch Unions/Association may please be informed of the revised schedules of formal meetings at branch levels for their information and guidance. (No. 33/1/75-SR dated the 18th Sept. 1975) MONTHLY MEETINGS - WHETHER ITEMS CONTAINING ALLEGATIONS AGAINST INDIVIDUAL OFFICERS/OFFICIALS CAN BE INCLUDED IN AGENDA FOR DISCUSSION IN A question has been raised whether items containing allegations against particular officers/officials may be accepted for inclusion in the agenda for discussion in the monthly meetings with the staff unions. Doubts have also been raised whether criticism of the conduct and activities of individual officers/officials may be permitted during discussion of various items in the said monthly meetings. The facility of holding monthly meetings with the Administration at various levels, has been afforded to the Realigned Unions/Associations mainly for resolving through discussions the grievances, problems etc connected with service interest of the members of the Unions/Associations and for

36

offering suggestions for effecting improvements in the efficiency of the service. It is not the intention that such meetings should be used as a forum for discussion of the acts of commissions and/or commission of an individual officer/official. It is, therefore, clarified that criticism, discussion against any individual, whether he is a non-gazetted employee or a gazetted officer is not permitted in formal meetings between the Administration and the Unions/Associations. However. It can be brought to the notice of Administrative Authorities concerned, through correspondence or through informal discussion with the appropriate officer for necessary action. (No. 33/2/68-SR dt. 07.06.68) MEETINGS OF FEDERATIONS UNIONS/ASSOCIATIONS HELD WITH SR. OFFICERS ON ISSUES ARISING OUT OF THE DISCUSSIONS IN THEIR MEETINGS WITH THE CHAIRMAN, P&T BOARD - QUESTION OF ISSUING MINUTES OF THE. It has been represented by certain Federations/Unions etc., that they are not being supplied with the minutes of the meetings they hold with Senior Officers on issues arising out of the discussions in the meetings they hold with the Chairman, P&T Board. As for example in their meetings with the Chairman, P&T Board, the Federations Unions, etc., are sometime told that the issue may be discussed/further discussed with Member/DDG concerned. The matter has been considered and it has been decided that whenever such discussions take place, i.e. the Federations, Unions etc. hold meetings with Senior Offices on issues arising out of the discussions in their meetings with the Chairman, P&T Board, the formal minutes of such meetings should be duly drawn up by concerned officers and issued to all concerned. DGP&T No. 33-2/78-SR dated 30.10.78 SUBMISSION OF ITEMS FOR INCLUSION IN THE AGENDA OF BI-MONTHLY MEETINGS AND QUARTERLY MEETINGS Both the Federations and its affiliated Unions/Associations and the non-federated Unions/ Associations are being granted bi-monthly and quarterly interviews respectively with Chairman, P&T Board. Each of the Federation and its affiliates and each of the non-federated Unions/Associations is required to furnish three items for inclusion in the agenda of these meetings. It has been noticed that some of the Unions/Associations send such items for inclusion in the agendas which have already been discussed in the recent meetings, Discussion on such items are not likely to yield any results as hardly any change in the position could occur so soon. The Chairman P&T Board has accordingly decided that a matter discussed during the bi-monthly/quarterly meeting in any manner will not be placed on the agenda of such meetings during the following 12 months, unless, for any special reason the Chairman P&T Board directs otherwise. No. 3-13-71-SR (Pt) dt. 7.12.71 JOINT MEETING OF RECOGNISED P&T UNIONS/ASSOCIATIONS IN OFFICE PREMISES With reference to your letter No. GP/18-89 dated 17.12.59 on the above subject, I am directed to say that each such case will have to be decided on its own merits by the Head of Local Office concerned. (No. 16-1/59-SR dated 31.12.59) GRANT OF SPECIAL INTERVIEW BY MEMBERS OF THE P&T BOARD TO THE REPRESENTATIVES OF RECOGNISED UNION/ASSOCIATIONS I am directed to state that it has been decided that General Secretaries of the recognised Union/Associations seeking a special interview with the concerned Member of the P&T Board for discussion of any urgent/special problems should in future, seek such an interview with the concerned

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Member of the P&T Board. The interview would be granted by the Member of the P&T Board if an appointment for the same is got fixed up in advance. (No.3-3/81-SR Dated - 11.8.81)

XI.

SUPPLY OF COPES OF ORDERS No. 16-1/61-SR dt. 20.06.62 & reiterated in no. 16-46/92-SR. dt. 10.03.93)

1 (a) The Government cannot undertake invariably to supply copies of all orders or orders of any specified category relating to conditions of service of employees. Copies of orders containing decisions of general interest relating to service matters which are not marked 'Top Secret', ‘Secret’, 'Confidential' or 'For Official use only' may be supplied to the recognized Associations who are likely to be interested in such orders. Copies of general letters, orders, circulars, circle orders, correction lists, etc. come within this category of document, which can be supplied. 1 (b) As regards DG's Circulars, general letters and orders, etc., issued from the Department which are not 'Secret' or 'Confidential' are supplied to the central office of All India Associations direct from the Department and copies of circulars, etc., issued by the Heads of Circles as well as those issued by DG's office are to be supplied by the circle office concerned to the central office of the relevant recognized All India Associations irrespective of the fact that their headquarters are not located in the circle and that supplies are to be made as soon as circulars are issued or received from DG's Office. General circulars both from the Department/Circle are to be supplied to the Associations of all arms in the Department and all the other circulars are supplied to the Services Associations of the appropriate arm only. 1(c) As regards supply of statistical information on various subjects such as departmental examinations, buildings programmes, etc. statistical information as is readily available; or can be conveniently collected and may be really useful for the Association and which is not meant for administrative purposes only, may be supplied to them provided its collection does not involve extra labour, time or special efforts. The discretion in the matter of supplying such information, however, rests with Heads of the Circle concerned who may refuse to meet such request if not found to be acceptable. Information of the following kind is considered to be of an administrative nature and is not meant to be supplied to the Association. (i)

The actual number of candidates who appear in a particular departmental examination and the number of those who qualify or any other statistics relating to such examination which is meant for office use only.

(ii) The number of vacancies in a circle office, etc., since a particular year/or during a particular period and number of officials taken against them. (iii) Information in form Establishment - II. (iv) Standards evolved by the Administration as their rough guide for creation of posts, Standards of the nature which have been approved by Government may, however, be furnished. 1 (d) Information collected by the employees in the course of their official duty and that obtained by the Associations from Government should not be furnished to non- government bodies.

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SUPPLY OF COPIES OF IMPORTANT ORDERS AND INSTRUCTIONS RELATING TO POLICY MATTERS TO ALL THE RECOGNIZED SERVICE ASSOCIATIONS/FEDERATIONS AND UNIONS - REG This has reference to the SR Branch’s communications of even No. dated the 19th Oct, 2005 & 25.08.2006 on the above mentioned subject. All divisional branch heads were requested to ensure supply of general, unclassified circulars etc affecting the interest of member employees to the office bearers of recognised unions/federations. Still number of complaints are being received from various unions pointing out non supply of such circulars etc which is against the spirit of the prevailing instructions on the subject. All division/branch heads are one again requested to ensure supply the copies of important orders and instructions to the federations and recognised unions/associations without fail. (No. 10-12/2005-SR dated 07.02.2007)

XII. USE OF NOTICE BOARD DG's Special General Circular No. 23 dated 19.11.59 & 16.12.71-SR dated 15.10.71

1. Associations may be allowed to display notices relating to the following: (i) The date, time, the place and purpose of a meeting. (ii) Statement of Accounts of Income and Expenditure of the Associations. (iii) Announcements regarding holding of elections excluding canvassing thereof and result thereof. (iv) Reminders to the members of the Associations in a general way about the dues outstanding against them. (v) Announcements relating to matters of general interest to the members of the Associations provided: (a) They are not in the nature of criticism; (b) They are not subversive of discipline; (c) They do not contain objectionable or offensive language; and (d) They do not contain attacks on individuals directly or indirectly. Notices relating to strike cannot be displayed on Notice Board installed in office premises. No. 16-7/60-SR 2. The recognized Associations should ensure that their Branch Unions dated 8.7.60 & No. follow strictly the orders in the mater of displaying their notices/circulars etc. 16-17/81-SR dated on notice boards placed in office premises and avoid the irregular practice of 26.12.81 displaying their posters etc. on the walls/doors etc., of the Government buildings/offices. DISPLAYING OF NOTICES BY RECOGNIZED P&T ASSOCIATIONS UNIONS ON NOTICE BOARDS INSTALLED IN OFFICE PREMISES.

XIII. ELECTION AND DISPUTES No. 69-60/71- SPB- 1. The Service Associations should invariably endorse a copy of the notice II/SR dated 31.1.72 regarding convening of the general body meeting of the Service Associations at different levels along with a copy of the agenda for the meeting to the Heads of administration concerned at different levels. The list of newly elected office bearers are also invariably to be furnished immediately after the meeting to the accredited authority concerned. The newly elected office bearers will not be afforded the prescribed facilities and concession unless these formalities are complied with.

39

No. 19-1/73-SR 2. The Recognition of the office-bearers and the facilities granted to them dated 19.2.74 & would be withdrawn after the lapse of three months from the dates of No. 39-38/81-SR fresh elections fall due as per constitutions of the respective Associations. dated 13.1.82 & No. 16-38/82-SR dated 18.12.82 No. 16-12/73-SR 3. An elected Divisional Secretary may be permitted to represent both the dated 27.7.73 Divisions when a divisional is bifurcated up to a period of three months from the date of bifurcations which is considered adequate for establishing a new branch or electing new office bearers. Similarly, an elected circle secretary may be permitted to represent the bifurcated circles for a period of three months. No. 17-8/74-SR 4. When a new branch is formed, it may not be possible for a variety of reasons to send notices, etc., in advance to the Administration or to dated 8.7.75 publish any notice about the meeting. In such cases even if a formal notice is not issued for convening a meeting of the prospective members for forming a new branch and elections of office bearers, the intention to hold such a meeting, should be communicated confidentially, if necessary, to the Head of the Circle/Division as the case may be. This should be done by the Circle Secretary in the case of formation of Divisional Branch and by the General Secretary of the All India Union in case of Circle Branch. No. 19/1/73-SR dt. 5(A) As soon as a list of office bearers is received, it should be verified by 25.06.74 the accredited authority whether the new office bearers have been elected after due notice in accordance with the provisions continued in the constitution of the Union. No. 16-1/76-SR dt. (B) If any Service Association requests that an independent observer from the 15.07.77 official side may be sent to watch the elections, such an observer may be sent. It should be ensured that he belongs to a Branch of the department different from the branch which the branch of the Union concerned belong to. No. 16-8/77-SR dt. (C) Normally, after an election, the outgoing President or the outgoing 01.02.78 Secretary of the Branch concerned (or convenor in the case of new branch) should communicate to Administration the names of the new office bearers and such communications should normally be accepted, In case, however, a parallel list is received from any person or persons claiming to have been duly elected at the same meeting, a dispute should be deemed to have arisen. (D) Once a dispute arises, the normal facilities should be denied to both the groups. (E) In case of dispute, a report should be obtained from the observer, if any, and the matter decided accordingly. No. 41-4/87-SR 6. In addition to the election disputes below Circle level, the disputes in the dated 17.2.87 election of office bearers of the Unions at Circle level may also be decided by the heads of Circle on the basis of the material furnished by the unions and provision contained in the constitution of Association. If considered necessary, a reference may be made to the General Secretary of the All India Union concerned for obtaining his views in the matter. If the circle Associations are not satisfied with the decision of the head of the Circle, the

40

16-25/2002-SR 8th July, 02.

matter can be taken up with the Department through their respective All India Association in accordance with the prescribed channel of communications. (Also read the following instructions). dt 7. While issuing revised instructions regarding settlement of election disputes at circle level (Vide No. 41-4/87-SR dated 17.2.87, stated above), it was interalia made clear that "if considered necessary, a reference may be made to the General Secretary of the All India Union concerned for obtaining is views in the matter.' The matter has been reconsidered and it has been decided that in case of election dispute at circle level "a reference should be made to the General Secretary of the All India Union concerned for obtaining his views in the matter. To this extent, the instructions issued vide letter No. 41-4/87-SR dated 17th February, 1987 stand modified. It may be further clarified that all other instructions contained in the above referred letter of 17the February, 1987 remain unchanged.

No. 19-1/73-SR 8. In the case of postal circle, an observer from RMS Branch should be sent dated 23.4.75 where the Associations concerned belongs to the Postal branch or vice versa. In the case of circle union, the observer should invariably be a Gazetted Officer. No. 38-1/74-SR 9. There is no necessity for All India Association to send list of officer dated 28.9.74 bearers of their branches to the Department for onward transmission to the heads of circles etc., for necessary action excepting in cases where extraordinary situation has arisen requiring consideration of the lists in the Department. The Department when addressed in special cases, it should be indicated why the Department is being addressed. No. 19-1/89-SR 10. The adhoc committees formed by Service Association at different levels dated 20.1.89 & will not be approved in a normal course as the same are against the basic No. 19-5/72-SR dt. tenets of democracy. However, if it becomes necessary for any 25.05.72 Association to appoint adhoc committee of any level in unavoidable circumstances, the same will be approved subject to the following conditions: (i) The constitution of the concerned unions/associations contains a specific provision in this regard. (ii) No ad hoc committee will be approved at any level for formation of a new branch. (iii) Ad hoc committee in circle office/administrative offices will be approved by the Department of Posts for a maximum period of three months on receipt of a request from General secretary of the Unions/Association explaining the necessity thereof in detail along with a copy of the resolution passed by CWC etc., depending upon the merits of each case. (iv)Ad hoc Committees for Divisions will be approved by the Heads of Circles for a maximum period of 3 months on a receipt of request from the Circle Secretary of the concerned union/association explaining the necessity thereof in detail along with a copy of the resolution passed by the Circle Working Committee etc., depending upon the merits of each case. (v) Adhoc Committees proposed to be appointed at any level will not consist of more than 4 members out of whom one member will be designated as Convenor subject to condition that they are otherwise also eligible to be

41

elected as office bearers and no case is pending in any court in this regard. (vi) In case of a dispute when two parallel lists are received no office bearers, whose name appears in either of the lists, will be nominated as member in the proposed Ad hoc committee to settle the dispute. (vii) If the Ad hoc Committee fails to hold the fresh elections within a period of 3 months, the union facilities granted to its members would automatically stand withdrawn on expiry of the stipulated period. DISPUTES BETWEEN DIFFERENT GROUPS IN THE BRANCH UNIONS AT DIFFERENT LEVELS REGARDING ELECTION OF OFFICE BEARERS - RESOLVING OF I am directed to state that instructions on the above subject have been issued from time to time in this office letter No. 19/9/65-SR dt. the 7th June, 1966, 2nd August, 1966 and the 24th September, 66. The matter has been further reviewed in the light of experience gained in recent years. The following consolidated instructions on the subject are issued for guidance of Circles and the Divisional Officers. (i)

According to the constitution of each union, a notice for holding the Annual Conference for electing the office bearers of a Union is required to be issued for the information for all concerned. Instructions already exist that a copy of such a notice should invariably be endorsed by the Union concerned to its accredited authority. It is therefore imperative that as soon as a list of office bearers is received, it should be verified by the accredited authority whether the new list of office-bearers have been elected after due notice in accordance with the constitution of the Union.

(ii) If any union requests that an independent observer from the official side may be sent to watch the election such an observer may be sent. It should be ensured that he belongs to a branch of the Department different from the branch to which the members of the Union concerned belong. (iii) Normally, after an elections the out-going president or the out-going Secretary of the branch Unions concerned (or convenor in the case of a new branch Union) should communicate to the Administration the names of the new Office Bearers and such communication should normally be accepted. In case, however, a parallel list is received from any other person or persons claiming to have been duly elected at the same meeting, a dispute should be deemed to have arisen. (iv) Once a dispute arises the normal facilities should be denied to both groups and the matter should be reported to the Directorate. If any communications is received from the General Secretary of the All India Union or any other authority connected with the Union indicating the list of officebearers recommended for recognition and grant of facilities, it should be ignored and the orders of the D.G. P&T awaited. (v) In case of dispute, a report should be obtained from the observer and forwarded along with other material to the Directorate for orders. The above instructions may be brought to the notice of all concerned. No. 19/1/73-SR dt. 25.6.74 INSTRUCTIONS ON TRADE UNION FACILITIES ADMISSIBLE TO UNIONS / ASSOCIATIONS - SETTLEMENT OF ELECTION DISPUTE

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I am directed to invite your attention to this office letter No. 41-17/79-SR dt. 18.2.1980, and subsequent clarifications on the above subject and to say that the question of revision of the existing instructions. In cases of election disputes at Circle level has been under consideration of the Department of Posts for some time past. It has been decided that in addition to the election disputes below Circle level, the disputes in the election of office-bearers of the unions at Circle level may also be decided by the Heads of Circle on the basis of the material furnished by the Unions and provisions contained in the Constitution of the Union. If considered necessary a reference may be made to the General Secretary of the All India Union concerned for obtaining his views in the matter. If the Circle Unions are not satisfied with the decision of the Head of Circle, the matter can be taken up with this Department through their respective All India Union/Associations in accordance with the prescribed channel of communications. The existing procedure will, however continue to be followed in the cases of election disputes arising at Central level. All concerned should be instructed suitably in the matter. (DG No. 41-4/87-SR dated 17.2.1987) INSTRUCTIONS ON TRADE UNION FACILITIES ADMISSIBLE UNIONS/ASSOCIATIONS - SETTLEMENT OF ELECTION DISPUTE

TO

SERVICE

I am directed to draw your kind attention to the Department’s letter No. 41-4/87-SR I dated the 17th February 1982 on the above mentioned subject. While issuing revised instructions regarding settlement of election disputes at circle level, it was inter alia made clear that "if considered necessary a reference may be made to the General Secretary of the All India Union concerned for obtaining his views in the matter". The matter has been reconsidered and it has been decided that in case of election dispute at Circle level “a reference should be made to the General Secretary of the All India union concerned for obtaining his views in the matter". To that extent, the instructions issued vide letter No. 41-4/87-SR dated the 17th February, 1987 stand modified It may be further clarified that all other instructions contained in the above referred letter of the 17th February 1987 remain unchanged. The receipt of this letter may kindly be acknowledged. 16-25/2002-SR dt. 02.07.02 RECOGNITION OF OFFICE BEARERS I am directed to state that instructions were issued under this office letter No. 19/73-SR dated 19.2.1974 that the recognition of the office-bearers and the facilities granted to them would be withdrawn after the lapse of three months in the case of Division/Circle Unions/Association and six months in the case of Central Union/Associations from the dates fresh elections fall due as per Constitutions of the respective unions/Associations. However, it has been observed that in actual practice, elections are often not held according to the Constitution and the same set of office-bearers continue to hold office for years together in violation of the provisions contained in the Constitutions as well as Directorate’s letter dated 19.2.1974 referred to above. Government do not consider it desirable to allow this state of affairs to continue. It has, therefore, been decided that henceforth, it may please be ensured by Heads of Circles, etc. that a watch is kept over the regularity in holding union elections, by way of maintaining a check register in the respective Circle/District Administrative Office and in case elections are not held in time, the usual trade union facilities are to be stopped to the existing office-bearers of the unions/association immediately on expiry of the grace period of 3 months.

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The above instructions may be brought to the notice of all concerned for strict compliance. (No. 16-38/82-SR Dated - 18.12.1982) CONSTITUTION OF ADHOC COMMITTEE FOR DIVISIONAL LEVEL – CLARIFICIATON REGARDING

BRANCH

UNIONS

BELOW

I am directed to refer to your circle’s letter No. Union-504-3 dated 27.01.094 as also Circle’s earlier reference of even number dated 02.12.093 and our letter No. 10-18/93-SR dt. 18.10.93 on the subject mentioned above and to clarify the position as under:(i) There is no necessity of approving ad hoc committees for holding elections of branch unions below Divisional level. Adhoc committees may be approved for divisional and Circle level Unions as already laid down in the Directorate’s letter No. 19-1/89-SR dated 20.01.89. (ii) Only limited union facilities are extended to branch union below divisional Level namely collection of subscription, use of notice boards and permission to hold the meetings within the premises of the office. No meetings are held by Divisional administration with unions below divisional level. In order to extend these limited union facilities, the Divisional administration should know the office bearers elected for Branch Unions below Divisional level. For this purpose a communication to this effect from the Divisional Secretary or Circle Secretary should be sufficient. (iii)The modalities for holding elections below Divisional level should be left at the discretion of the Circle Union/Divisional Union. It should be considered purely/internal matter of the Union. If the Circle/Divisional Unions decides to appoint an ad hoc committee for holding the elections in case of a dispute or even otherwise, the circle Administration/Divisional Administration need not take any note of it and no approval for constitution of such ad hoc committees may be given. (No. 10-18/93-SR dated 09.06.1994) 1

XIV. JOURNALS 1 (a) The Union/Association should get prior approval of the Government before publishing a journal or any periodical. (b) While sending application for permission to publish a journal/periodical, the following information may be furnished: (i) Name of the Journal/Periodical (ii) Name of the Union/Association publishing journal/periodical, including the name of the circle/divisional/local branch, (if a branch is publishing the same), (iii) Name of the editor (iv) Whether the editor is a Government servant or an outsider. (v) Station from which the journal/periodical will be published No. 70-8/58-SPA The Service Associations should send copies of journal invariably to the Heads dated 22.9.58 of Circles, etc., so that they may also be aware of the general grievances of the employees. No. 70-62/58-SPA If wild allegations are published in journals, publication of the unions or dated 30.10.58 intemperate and offensive language is used, the attention of the union should be drawn to it and they should be asked to make amends. If this is not done, the question for withdrawal of the permission given to the Unions for publishing these journals would be considered. No. 16-15/59-SR No person, who is not a member of the union/association, is eligible to become dated 20.8.59 an Editor of the journal/periodical issued by the Unions/Associations. No. 24-2/64-SR Unions/Associations and their duly constituted branches may publish

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dated 23.9.66

No. 24-4/87-SR dated 15.12.87

No. 24-4/76-SR dated 29.5.76 & No. 25-3/82-SR dated 30.3.83

No. 26-1/98-SR dated 17.11.98 and No. 510/2001-SR dated 1.12.2001

souvenirs on the eve of their annual conferences, etc., without obtaining prior permission of the Government subject to the condition that the contents of such publication do not in any way violate the provisions of the conduct Rules. Such publications should relate only to the legitimate activities of the Union/Associations and should not contain any objectionable material or offensive language. There is no objection, if the Union/Associations at different levels accept advertisement for the publication of souvenirs to be brought out at the time of their annual conferences etc, subject to the following conditions: (i) Procurement of advertisements from private parties for publication in souvenirs/or similar publications brought out by the Service Associations etc., will not henceforth be allowed; and (ii) Procurement of advertisement from Government Departments and public or Corporate Bodies would, however, continue to be permitted. The journals of the recognized unions/associations would deal with service matters only and would not publish news or comments not directly related to such matters. In addition, use of intemperate language should also not be resorted to. Moreover, the permission to publish journals is always subject to the following conditions: (i) The journals deals with the service matters and does not publish news or comments not directly related to such matters. (ii) No material is published in the journal in violation of the Central Civil Services (Conduct) Rules, 1964 as amended from time to time. In case, any objectionable material is published by the unions/associations in their periodical journal, the question of withdrawal of permission for publication of such journal and all other appropriate disciplinary action can be taken against the author. (iii) The unions should not use intemperate language in the Journal. (1) Heads of Circles were delegated with the powers in the matter of grant of permission to unions/associations to publish journals/periodicals subject to the following conditions: (i) The circulation of the journal/periodical is restricted to members of the branch union only. (ii) The journal deals with the service matters and does not publish news or comments not directly related to such matters. (iii) No material is published in the journal/periodical in violation of the provisions of the Central Civil Services (Conduct) Rules, 1964 as amended from time to time. (iv) The Union should not use intemperate language in the journal. (2) While considering the request, it would be ensured that applications are accompanied by a copy of the letter from Registrar of Newspaper accepting the title of the Magazine and clearance form local/district or State Authorities.

ACCEPTANCE OF ADVERTISEMENT FOR THE JOURNALS/SOUVENIRS OR ANY OTHER PUBLICATIONS BROUGHT OUT BY THE RECOGNISED SERVICE ASSOCIATIONS/UNIONS

45

The recognised Service Associations/Unions are required to obtain prior approval of the Government before starting any periodical, magazine or bulletin, etc. 2. The existing procedure, as laid down in MHA UO No. 2/14/67-JCA dated 22-9-1967, in the matter of acceptance of advertisements for such publications produced by the Service Associations/Unions/Federations has been reconsidered. 3. In partial modification thereof, it has been decided as follows:i. Procurement of advertisements from private parties for publication in souvenirs/or similar publications brought out by the service associations etc will not henceforth be allowed, and ii. Procurement of advertisements from Government Departments and public or corporate bodies would, however, continue to be permitted. 4. All the recognised service associations/unions/federations, working under the various Ministries, may be suitably advised of the above decision, and instructed to strictly follow these instructions. (Department of Personnel and training OM No. 8-18/86-JCA dated 25th May 1987 (DG Posts No. 24/4/87-SR dated 15.12.1987) GRANT OF PERMISSION TO PUBLISH JOURNAL-DELEGATION OF POWERS TO HEADS OF CIRCLES I am directed to refer to this office letter No.10-9 (A)/98-SR dated the 5th November 1999 vide which compilation of instruction on union facilities, in terms of CCS (RSA) Rules, 1993 was circulated to all concerned. On pages 24-26 of the said compilation, there is gist of the instructions issued by the Department Government of India from time to time relating to issue of journals etc. by the Unions Associations. In this regard, reference is also invited to this office letter no. 26-1/88-SR dated the 17th November 1998 vide which Heads of Circles were delegated with the powers in the matter of grant of permission to Unions/Associations to publish journals. In the said instructions, it was inter-alia made clear that while considering such requests, it would be ensured that applications are accompanied by a copy of the letter form Registrar of Newspaper accepting the title of the magazine and clearance form local/district or State authorities. Inadvertently the said instructions could not be included in the compilations of instructions circulated vide letter dated the 5th November 1999 referred to above. A copy of the letter dated the 17th November 1988 is enclosed herewith with the request that necessary entry to this effect may be made in your copy of compilation of instructions on union facilities to be used for information and guidance. (No. 5-10/2001 SR dt. 21.12.2001) GRANT OF PERMISSION TO PUBLISH JOURNAL-DELEGATION OF POWERS TO HEADS OF CIRCLES I am directed to state that at present in accordance with the existing instructions on the subject all applications from All India Unions and their branches to publish a journals/periodicals at all levels are required to be referred to the Directorate for grant of permission alongwith the following information:i) Name of the Journal/Periodical. ii) Name of the Union/Association Publishing Journal/Periodical (including the name of the Circle/Divisional/Local Branch, if a branch is publishing the same) iii) name of the editor. iv) Whether the Editor is a Government servant or an outsider. v) Station from which the Journal/Periodical will be published.

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The question of delegation of powers to Heads of Circles to grant permission to branch Unions at Circle level and below to publish journal/periodicals has been under consideration. The staff side also raised this issue in the meeting of the Departmental Council held on 27th & 28th July, 1988. Accordingly, it has now been decided to delegate the powers to Heads of Circles to grant permission to Unions at Circle level and below to publish journals/periodicals subject to the following conditions:(i) The circulation of the journal/periodical is restricted to members of the branch unions only. (ii) The journal deals with the service matters and does not publish news or comments not directly related to such matters. (iii) No material is published in the journal/periodical in violation of the provisions of the Central Civil Service (Conduct) Rules, 1964 as amended from time to time. (iv) The Union does not use intemperate language in the journal. While considering such requests it may be ensured that the applications are accompanied by a accepting the title of the Magazine and clearance from Local/District or State authorities. The Unions who have been permitted to publish the journals/periodicals would be required to supply two copies of every issue to the Heads of Circles for perusal and scrutiny. (No. 26-1/88-SR) PUBLICATION OF SOUVENIRS BY SERVICE ASSOCIATIONS In suppression of the instructions contained in this office letter No. 24-2/64-SR dated 6.12.65, I am directed to state that the recognised Unions Associations and their duly constituted branches may publish Souvenirs on the eve of their annual conference etc with-out obtaining prior permission of the Government subject, however, to the condition that the contents of such publications do not, in any way, violate the provisions of the C.C.S. (conduct) Rules, 1964. Such publications should relate only to the legitimate activities of an Association of an Association/Union and should not contain any objectionable material or offensive language. (DG P&T letter No. 24-2/64-SR dated 23.9.66) PAID ADVERTISEMENTS FROM PUBLIC IN UNION JOURNALS/SPECIAL ISSUE SOUVENIRS It has been decided in consultation with the Department of Personnel that there is no that there is no objection if the Unions/Associations at different levels accept advertisements for souvenirs to be brought out at the time of Annual Conferences. The Unions/Associations may adopt the following procedure in this regard:(a) Acceptance of advertisements from Government Public or Corporate Bodies. There is no objection to the Unions obtaining directly advertisement from Government Departments, public or Corporate Bodies. (b) Acceptance of advertisement from private bodies. Private advertisements may be allowed to be obtained through advertising agencies in the case of major organisations and through open tender system in the case of smaller ones. A list of approved advertising agencies may be obtained from the Director of Advertising and Visual Publicity which maintains such a list. 2. No prior permission of the Government is necessary for publication of souvenirs on the eve of annual conferences. It should, however, be ensured that the contents of the publications do not violate the provisions of CCS (Conduct) Rules, 1964, it relates only to legitimate activities if the Unions/Associations and should not contain any objectionable material or offensive language.

XV. GUIDELINES FOR RECOGNITION OF FEDERATION

47 No. 2/14/98-JCA dated 3rd July, 02 circulated vide No. 6-2/2002-SR dated the 19th July, 2002 (1) The Administrative Ministries/Departments may consider granting Recognition to the Federation with the approval of Minister in charge subject to the condition that affiliated unions/associations are recognized under CCS (RSA), Rules, 1993. For this purpose following documents are required to be submitted by the Federation seeking Recognition. (a) Constitution and bye-laws (b) Authorisation letters of the unions/associations affiliated to the proposed Federation. (c) Membership of the individual affiliated recognized unions/associations based on the verification of membership under the check -off system along with list of the office bearers and the categories represented by them. (d) Names of the office bearers of the Federation. (2) It will be open to the Government to withdraw Recognition at any time after giving an opportunity to the Federation to present its case, if they fail to comply with any of the conditions prescribed under Rule 6 of CCS (RSA), Rules, 1993 or any other conditions as may be prescribed in this regard. (3) It is also clarified that the continued existence of Federation depends on the status of its affiliated unions/associations. The Recognition of the Federation shall stand withdrawn at any time its affiliated associations/unions are either derecognised for any reasons or its affiliated associations/unions withdraw their affiliation to the said Federation. (4) If any Ministry/Department had granted Recognition to any Federation the same may be withdrawn immediately, if the above guidelines are not satisfied. The concerned Federation, if they so desire, may submit a fresh application seeking Recognition in accordance with these guidelines. (5) Before the proposal for grant of Recognition to the Federation is processed, the Ministries/Department may refer one sample case to DOP&T for vetting the draft constitution or any other relevant documents submitted by the Federation.

XVI. MISCELLANEOUS No. SPA-78-4/54 dated 12.2.54 & No.SPA-70-69/57 dated 19.2.58 No.70-62/58-SPA dated 20.12.58 No. 21-4/70-SR dated 27.6.70 reiterated vide letter No. 213/92-SR dated 22.6.92 No. 16-4/83-SR dated 23.7.63 & No. 3-4/84-SR dated 15.10.84

1. The Unions should not use intemperate and objectionable language against officers in their correspondence as well as journals.

2. If a letter received from a union by an officer contains intemperate and offensive language, no notice would be taken until the defect is rectified. 3. The Departmental officers should not encourage any joint conference of two or more unions at circle or divisional levels. Joint Conference means, the practice of holding Joint Conferences at the circle/divisional level of more than two unions/associations for the purpose of elections etc., at this level. It is, therefore, reiterated that wherever such instances of holding joint conferences come to the knowledge of the Department, the same may not be encouraged. 4. The suggestions received from the Unions with a view to improving the efficiency of the services may be discussed with the Unions at circle and central levels. If any suggestions are received for discussion, they may be included in the agenda for discussion in the prescribed periodical meeting at all levels including the Postal Departmental Council and the Regional Councils of JCM. No. 10-17/77-SR 5. One of the conditions of the Recognition rules requires that a list of dated 1.12.77 members, an up to date copy of the constitution and an audited statement of accounts shall be furnished to the Government annually through proper

48

No. 38-4/71-NB dated 25.1.75

No. 23-21/66-SR dated 3.12.66

No. 10-13/71 dated 30.8.71 & No. 10-3/86-SR dated 23.10.86

channel after the general annual meeting is held. The Union should ensure that (1) a list of membership (2) an audited statement of accounts (3) an up to date copy of the constitution are invariably furnished to the Director General annually in compliance with the conditions of the Recognition rules. 6. Subject to availability, minimum government office accommodation may be allotted for office purpose to recognized unions and Associations. The rent shall be charged on basis of standard rent under FR-45 A or pooled standard rent under FR-45-A where rents have been pooled. In addition, service charges etc., shall also be recovered from the unions and Associations. 7. It is not necessary for all India unions to forward to the Directorate resolutions passed by their Branch Unions at various annual conferences. The All India Unions, if they like, may send to the Administration, the resolutions passed at their All India Conferences for information. 8. The representatives of recognized Unions/Associations should be invited to attend all formal functions of the Department as a matter of courtesy and gesture of goodwill and the following procedure may be adopted: (i) In respect of the functions, where members of the public are not invited, only the presidents and the Secretaries General of the Federations and General Secretary of the concerned unions/associations are to be invited to attend such functions. For functions like laying of foundations, inauguration, opening ceremonies etc., of postal buildings and installations, where members of the public are invited, the invitation is to be extended to the Presidents and the Secretaries General of all the recognized unions/associations.

On occasions like inauguration of postal week celebrations etc. where public cooperation is enlisted the invitation shall be extended to the unions/associations representatives as in (2) above No. 31-1/81- 9. The Federations have been informed that they have not been granted GA/SR dated facilities for erecting flag mast and flying unions/associations flags in 29.12.81 office premises used either in Departmental or rental buildings. No. 10-3/87-SR 10. As per the prescribed channel of communication, the all India Unions/ dated 21.7.87 Associations can address DG (Posts) on various subjects. They can correspond directly with the concerned Deputy Director General also on any subject which they want to take up with the DG (Posts). (A list of Dy. Directors General and the Sections working under them along with the list of items of work dealt with by various sections has already been forwarded to all recognized unions/associations). RELATION WITH UNIONS As you may be aware the NFPTE had submitted a memorandum to the Shah Commission on "excesses of emergency". The memorandum was forwarded by the commission to Secretary (C) suggesting that the complaints may be enquired. 2. The complaints have since been examined after getting reports from the concerned Circles. Remedial action has also been taken wherever called for. The matter was also discussed with the representatives of the NFPTE. A copy of reply given to Shah Commission is enclosed. 3. With the change of Government from April, 1977 most of items mentioned by the Federation have been settled to mutual satisfaction. The government is anxious that the relations with Unions should be

49

cordial. All union matters should be dealt with strictly in accordance with the instructions on the subject. instructions on trade union facilities have already been consolidated and issued as a compendium vide letter No. 10-7/72-SR dated 08.06.78 for ready reference. The administration should be taken an impartial attitude when dealing with election disputes in unions or in other cases of interunion or intra union rivalries. All local grievances of staff should be settled expeditiously and union references attended to promptly. Any urgent or pressing issues could be discussed by inviting the union representatives for meetings for special discussion for early settlement. These instructions may be circulated to all subordinate authorities. (DGP&T No. 18-1/78-SR dated 9.11.1978)

ENTERTAINMENT OF SUGGESTIONS FROM UNIONS AND ASSOCIATIONS FOR IMPROVEMENT OF EFFICIENCY IN THE P&T SERVICES Kindly refer to this office letter no. 16-9/61-SR dated the 22nd March, 1963 regarding periodical meetings at different levels. During the interview granted by the Director-General to the National Federation of P&T Employees and the federated unions in January, 1963 the Director-General decided that suggestions received form the Unions with a view to improving the efficiency of P&T Services might be discussed with the federated Unions at the regular meetings held at Divisional, Circle and Central levels. Therefore, if any suggestions are received from the unions with a view to improving the efficiency of the Services for discussion during those meeting. Those suggestions may be included in the agenda for discussion within the limits prescribed in this office letter No. 16-9/61-SR dated the 22nd March, 1963. (No. 19-4/63-SR dated 23.7.63) COORDINATING COMMITTEES OF P&T UNIONS Under the realignment Scheme 1954, the Department recognised nine different Unions affiliated to the National Federation of P&T Employees. The affiliated Unions have their Branches at the Circle and Divisional levels and the correspondence is exchanged with these Branches by the heads of Circles and Divisional offices respectively. The National Federation of P&T Employees at the Central level is authorised to co-ordinate the activities of the realigned P&T Central Unions and no other coordinating committee at any other level has been recognised by the Department. Of late, it has been noticed that at the Circle level, the Branch Unions form Coordinating Committees and send communications to the Head of the Circles since the Coordinating Committees are not recognised at the Circle level no correspondence can be entertained from them. You may therefore advise the Branch Unions not to address an communications on behalf of the so called Co-ordinating Committees to the Heads of Circles or any other office at the Divisional or local level. (No. 31-7/66-SR dt. 09.01.67)

SERVICE UNIONS CAN TAKE UP ESTABLISHMENT NORMS CASES I am directed to invite a reference to Para 2 of this office letter of even no dated 18.10.65 on the above subject and to clarify that the term “Individual Posts” in this para is intended to cover only the case individual posts for which no standards have been determined or laid down so far. Wherever standards for creation of Posts have been determined the service unions/ Association can take up the cases for their implementation even if it means only a solitary additional post is justified. (P&T Board No.16-6/65-SR Dated - 3.6.66)

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ASSOCIATIONS OF SERVICE UNIONS IN WORK STUDY Whenever any work study is undertaken the CHQ will be requested to send their views and materials to the Directorate to assist work study. At local level also when the team visits the union representatives will be given an opportunity to place their views creation and abolition of posts in purely an administrative matter and it is not a subject which the union can discuss with the administration. It is for the Dept. to decide whether a particular post is justified or not and it is not the function of the union determining the justification or otherwise of the post. Views of union may however be considered when the question is examined on merits. No correspondence will be entertained with the union on creation of individual posts. The question of standards for creation of posts is a different matter and does not fall in the above category. (DG P&T No. 1-1/71 dated - 30.11.72) CORRESPONDENCE ON ESTABLISHMENT BY UNION I am directed to say that instructions issued in this office letter of even No. dt. 31.3.55 on the above subject have been reviewed and it is clarified that wherever standards for creation of posts have been determined, service unions/associations can take up the case for the implementation of these standards in regard to any particular office. It is however for the Dept of decide whether a particular post is justified or not and correspondence from service unions/associations on merits of the case pertaining to creation/abolition/conversion of individual posts will not be entertained, though their views in matter may be noted and taken into account when the matter is considered in normal course. (DG P&T 16-6/65-SR dated - 31.3.65) REGARDING INDIVIDUAL CASES Under the existing orders, the service unions/associations shall not espouse or support the cause of individual Govt. servants relating to service matters. Nevertheless, reference relating to individual cases are, every now and then, received from Unions/Associations at different levels. At present, no uniform procedure is being followed in the matter of disposal of these references. Consequently, it has been decided that a uniform reply in all such cases should be given to unions/associations. The unions/associations may be informed that they are precluded from taking up individual cases with the Administration, and as such, their references in this connection are being filed. (SR 16-2/72-SR dt. 07.07.72) SUBSEQUENT INSTRUCTIONS ON INDIVIDUAL CASES There appears to be some misimpression that the prohibition of taking up individual cases by the unions is only for meetings and it does not relate to correspondence. (SR/1-2/79 dt. 17.12.83) REGARDING CREATION/ABOLITION OF POSTS Creation and abolition of posts is purely an administrative matter and it is not a subject which the unions can discuss with the Administration. It is for the Department to decide whether a particular post is justified or not and it is not the function of the Union to determine the justification or otherwise of the post. Views of the union may however be considered when the question is examined on merits. No correspondence will be entertained with the union regarding creation of individual posts. The question of fixation of standards for creation of posts is a different matter and does not fall in the above category. (DG No. 16-6/65-SR dt. 31.03.65)

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ALLOTMENT OF GOVT. OFFICE ACCOMMODATION TO THE UNIONS/ASSOCIATIONS OF CENTRAL GOVT. EMPLOYEES FOR THEIR OFFICES The President has been pleased to decide that, subject to availability, minimum Govt. office accommodation may be allotted for office purposes to recognised P&T Unions and Associations. The rent shall be charged on the basis of standard rent under F.R. 45-A or pooled Standard rent under FR45A where rents have been pooled. In addition service charges, etc. shall also be recovered from the Unions/Associations. (No. 38/2/71-NB Dated : 22.03.72 & NO. 38-4/74-NB dt. 25.01.75) ASSOCIATION OF SERVICE UNIONS IN WORK STUDY I am directed to state that the question of associating the Unions/Associations in work studies is engaging the attention of the P&T Board. Pending Board’s decision, it has been tentatively decided that whenever any work study is undertaken, the Central Headquarters of the Union will be requested to send their views and material if any to the Directorate to assist the, Work Study. At local level also, when the study Team visits any office, the Union’s representatives will be given requisite opportunity to place their views before the Study Team. All your Branch Unions may kindly be informed of this decision and to extend their operation. (No. 1-1/71-WS-I Dated - 30.11.72) ASSOCIATION OF SERVICE UNIONS IN WORK STUDY In continuation of this office letter No. 1-1/71-WS. I dated 30.11.1972 on the subject noted above I am directed to state that the question of participation of Staff Unions in Work Study programmes has been referred to the staff Inspection Unit of the Ministry of Finance for taking a decision at the appropriate level. However, for the time being, the P&T Board decided that the Unions may be associated with the work studies in the P&T Department at the following stages. (i) While carrying out a preliminary survey for locating the problem; this would include organization survey duty lists, job description sheets, work diagram and procedural charts. (ii) Before preparation of for the P&T Board for consideration of the recommendations of memo contained in the work study report. At this stage only the recommendations of the work study unit would be furnished to the concerned union/unions for feliciting their comments, which would be taken in to account while preparing the above mentioned memo for consideration of the P&T Board. (No. 1-1/73-WS Dated - 28.05.73) DISCIPLINARY ACTION AGAINST OFFICE BEARERS OF STAFF ASSOCIATIONS/UNIONS The undersigned is directed to say that the Staff Side in the National Council (JCM) in the meeting held on 28.4.1990, had raised a point that the administrative authorities in some cases take disciplinary action against the representatives of the Staff for some minor lapses of technical nature in their day-today work as to victimise them for their activities as the office bearers of the Staff Associations/Unions. 2. The Government servants who are office bearers of the Staff Associations are subject to the provisions of Conduct and Disciplinary Rules like all other Government servants. However, if a Government servant feels that he is being penalised for any act done by him which is directly or indirectly connected with his position as an office bearer of an association, he can prefer an appeal against such action directly to the President in terms of Rule 24(3) of the CCS (CCA) Rules, 1965, bringing forth the reasons which may establish the nexus between the disciplinary action taken against him and his activities as office bearer of an association. If the contention of an office bearer of an association that his case is covered under the provisions of Rule 24(3) ibid is not accepted and his

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appeal is decided by some lower appellete authority, it would still be open for the Government servant concerned to seek revision of his case by the President in terms of Rule 29 ibid. 3. Ministry of Agriculture, etc., are requested to bring the above rule position to the notice of all administrative authorities under their control. (G.I. Dept. of Per. & Trg. O.M. No. 35014/2/89-Ests.(A), dated 10.10.1990) ACTION AGAINST THE POSTAL EMPLOYEES FOR UNION ACTIVITIES I am directed to say that it has been brought to the notice of this office, that in certain cases disciplinary action has been taken for carrying out union activities. 2. It is pointed out that legitimate union activity that does not violate CCS (Conduct) Rules 1964, and P&T ED Agents (Conduct & Services) Rules 1964 or other rules or instructions governing the concerned employee should not lead to disciplinary action against the employee. All disciplinary authorities in your jurisdiction should be instructed to ensure this. (SR 39-52/92-SR dt. 06.10.95) INTERFACE WITH THE UNION – ORGANISATIONs OF DUE COURTESY I am directed to say that from the various references received in this office, an impression is gathered that while the Unions are generally satisfied with the treatment meted out to them during the course of their interface (including formal and informal meetings) with the senior officers, instances are there where the Unions complained about the unruly behaviour of the officers. Recently a Union Delegation met Secretary (Posts) and expressed their serious concern about the manner they were being treated by certain officers of the Department. The Secretary made a note of it and desired observance of due courtesy from the officers of the Department, while interacting with the Unions. 2. It is, accordingly, requested to circulate suitable instructions among all concerned that besides dealing with the union matters on priority, due courtesy and cordiality should be maintained in dealing with the Unions. It is believed that this would facilitate improvement in industrial relations and would go a long way in improving the understanding between the Staff Side and the Official Side. (No. 10-4/2003-SR Dated - 25-04-2003) REGARDING RESERVATION OF INSPECTIONS QUARTERS/INSPECTION ROOMS FOR UNION REPRESENTATIVES The staff Federation had taken up the issue of provision of Inspection Quarter accommodation to touring Union Officer bearers. In this connections, kindly refer to Rule 610(B) P&T manual Volume II read with Para 2 of Appendix II of the Manual. 2. Controlling officers of Inspection Quarters and Inspection Rooms may exercise their discretion for utilization of the same by Circle and National Level office bearers in exceptional cases who are not covered under the Rule and Appendix quoted above. 3. These instructions may kindly be brought to the notice of all concerned for information, guidance and implementation. 4. Kindly acknowledge receipt to the undersigned. (No. 14-2/2003-SR Dated - 8.3.2004)

XVII.

INSTRUCTIONS REGARDING NO WORK - NO PAY

Department of Personnel and Training's OM No. 41016/1(S)/90/Estt.B dt. Ist May, 1991is reproduced below in this regard. No. 41016/1(s)/90/Estt.B

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Government of India Ministry of personnel, Public Grievances & Pensions Department of personnel & Training *** New Delhi, the 1 st May 1991 Subject: - Treatment of period of strike by Central Government Employees. *** Attention of the Ministry of Finance, etc., is invited to the Department of Personnel & Administrative Reforms O.M. No. 33011/1/77-Estt. B dated the 25th April, 1978 in which the Ministries/Departments were requested to ensure compliance of the following directions of the Cabinet, namely: (i) all Ministries/Departments must observe the principle of 'no work-no pay' and this should not be circumvented in any way including by grant of leave for the period of a strike; and (ii) On all important service matters which are likely to have repercussions on other services (e.g. action taken against Government employees participating in strikes), all Ministries/Departments, including the Ministry of Railways, should, with a view to ensuring the maximum possible uniformity in the general approach, consult the Department of Personnel & A.R. (now Department of Personnel & Training) before taking/announcing any decision so that embarrassment to the Government in dealing with the generality of civil services is avoided. (2) Notwithstanding the above directions, the Department of Personnel & Training has been receiving several references from Central Government offices that in the case of employees who had participated in a strike, the period of absence may be treated as duty or leave instead of applying the principle of 'no work-no pay'. It has also come to notice that in some cases, the Ministries/Departments had taken decisions on important service matters likely to have repercussions on other services without consulting this Department and in contravention of the said directions. (3) The principle of 'no work-no pay', is laid down in proviso to Fundamental Rule 17 (1)which provides that any officer who is absent without any authority shall not be entitled to any pay and allowances during the period of such absence. The principle was examined in depth by the Supreme Court and upheld in the Civil Appeal No. 2581 of 1986-Bank of India vs. T.S. Kelawala & Others (1990 (3) SLJ). Though the issue did not pertain directly to applicability of the principle to Government servants, the Court has analysed the principle in all its facets and its observations are relevant. Some relevant extracts of the Supreme Court judgement delivered on 4th May, 1990 are as under:





Where the contract, standing orders or the Service rules/regulations are silent on the subject, the Management has the power to deduct wages for the absence from duty when the absence is a concerted action on the part of the employees and the absence is not disputed. Whether the deduction from wages will be pro rate for the period of absence only or will be for a longer period will depend upon the facts of each case such as whether there was any work to be done in the said period, whether the work was in fact done and whether it was accepted and acquiesced in, etc. It is not enough that the employees attend the place of work. They must put in the work allotted to them. It is for the work and not for the mere attendance that the wages/ salaries are paid.

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It is clear that wages are payable only if the contract of employment is fulfilled and not other wise. Hence, when the workers do not put in the allotted work or refuse to do it, they would not be entitled to the wages proportionately. Whether the strike is legal or illegal, the workers are liable to lose wages for the period of strike. The liability to lose wages does not either make the strike illegal as a weapon or deprive the workers of it. When workers resort to it, they do so knowing fully well its consequences. During the period of strike, the workers withhold their labour. Consequently, they cannot expect to be paid.

(4) In the light of the above, the Cabinet has now reviewed the general policy in this regard and directed that all Ministries/Departments must observe the instructions contained in Department of Personnel & Administrative Reforms O.M. of 25th April, 1978 (reproduced in para 1 of this O.M.) scrupulously. (5) Ministry of Finance etc. are accordingly requested to bring the directions of the Cabinet to the notice of all concerned for strict compliance in future.

XVIII.

INSTRUCTIONS REGARDING BUNDH DOP&T's OM No. 27/6/71-Estt.(B) Cabinet Sectt. Dated 1st Nov. 71

The absence of Central Government Employees on a day or days of Bundh may fall under one of the following categories. (i) (ii)

(iii)

Where a Government servant had applied or applies for leave for the day or days of the Bundh for genuine reasons, e.g. medical grounds, of which the competent authority is satisfied; Where the competent authority is satisfied that the absence of individual concerned was entirely due to reasons beyond his control e.g., due to failure of transport;' or disturbances or picketing or imposition of curfew, etc., Unauthorised absence, i.e. where conditions mentioned in (i) or (ii) above are not satisfied.

2. As regards the first category, leave of the kind due and admissible, including casual leave, may be granted to the Government servants concerned. As regards the second category, if the competent authority is satisfied that the absence was due to failure of transport facilities, special casual leave may be granted to such government servants who had to come from a distance of more than three miles to their place of duty. If the absence was due to picketing or disturbance or curfew, then too special casual leave could be granted to regularize the absence, without insisting on the condition that the distance between their place of duty and their residence should be more than three miles. Special casual leave in either of the cases mentioned above may be granted with the concurrence of the Ministry/department concerned. 3. As regards the third category mentioned above, under the proviso to Fundamental Rule 17 (1), an officer who is absent form duty without any authority shall not be entitled to any pay and allowances during the period of such absence. Unauthorized absence of this kind, apart from resulting in loss of pay and allowances for the period of such absence, would also constitute a break in service, entailing forfeiture of past service for all purposes, unless the break itself is condoned and treated as dies-non. If the break is condoned and treated a dies-non by the competent authority, the service rendered prior to the break will be counted for all purpose, but the period of the break itself will not count for any purpose. 4. There might, however be a case in which a number of government employee acting in combination or in a concerted manner may absent themselves from duty for a part of a day only. The provisions of Ministry of Home Affairs O.M. No. 60/17/64-Estt. (A) dated the 4th August, 1965 shall not

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apply to such a case. Their absence even for a part of a day in the above circumstances shall be deemed to be unauthorized absence for a whole day, and action may be taken in regard to the unauthorized absence as outlined in paragraph 2 and 3 above. Annexure -I LIST OF CATEGORIES 1. Group ‘C’ (Postal) excluding Postmen) 2. Group ‘C” RMS including MMS 3. Group ‘D’ (Postal) including Postmen 4. Group ‘D’ (RMS & MMS including Mail guards) 5. Circle Ofifce Adminstrative Staff Group ‘C’ & ‘D’ 6. IPO/IRM Association 7. Postal Civil Wing (Group ‘C’ & ‘D’) including Junior Engineers 8. Postal Accounts Employees (Group ‘C’ & ‘D’) including Junior Accounts Officers 9. Indian Postal Service Group ‘A’ 10. PSS Group ‘B’ officers 11. AAO/AO/Senior AO 12. Supervisors (General Line) 13. SBCO (All grades) 14. Mail Motor Service Officers 15. Stenographers Annexure II Terms & conditions under which service Associations are recognized 1. (a) An applications for Recognition of the Service Association is made with all the information relevant for such Recognition (b) The Service Association is formed primarily with the object of promoting the common service interests of its members. (c) Membership of the service Associations is restricted to a distinct category of Government Servant having common service interests, all such Government Servants being eligible for membership of the Service Association. (d) The Service Association is not formed on the basis of any caste, tribe or religious denomination or of any group within section of such caste, tribe or religious denomination. (e) No person, who is not a Government Servant, is connected with the affairs of the Service Association. (f) The executive of the Service Association is appointed from amongst the members only. (g) The funds of the Service Association consist exclusively of subscriptions from members and grants, if any, made by the Government and are applied only for the furtherance of the objects of the Service Association. 2. (a) The Service Association shall not send any representation or deputation except in connection with a matter which is of common interest to members of the Service Association. (b) The Service Association shall not espouse or support the cause of individual Government Servants relating to service matters. (c) The service Association shall not maintain any political fund or lend itself to the propagations of the views of any political party or politician. (d) All representations by the Service Associations shall be submitted through proper channel, and shall, as a normal practice, be addressed to the Secretary or Head of the Department or office.

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(e) A list of members and office-bearers, an up-to-date copy of the rules and an audited statement of accounts of the Service Association shall be furnished to the Government annually through proper channel after the general annual meeting so as to reach the Government before the 1 st day of July each year. (f) Any amendment of substantial character in the rules of the Service Association shall be made only with the previous approval of the Government and any other amendment of minor importance shall be communicated through proper channel for transmission to the Government for information. (g) The previous permission of the Government shall be taken before the Service Association seeks affiliation with any other Union, Service Association or Federation. (h) The Service Association shall cease to be affiliated to a Federation or Confederation or Service Association whose Recognition is withdrawn by Government. (i) The Service Association shall not start or publish any periodical magazine or bulletins, if directed by Government to do so on the ground that the publication thereof is prejudicial to the interests of the Central Government, the Government of any State or any Government authority or to good relations between Government Servants and the Government or any Government authority. (j) The Service Association shall not start or publish any periodical magazine or bulleting without the previous approval of the Government. (k) The Service Association shall not do any act or assist in the doing of any act which, if done by a Government Servant, would contravene the provisions of rules 8,9,11,12,16 and 20 of the Central Civil Services (Conduct) Rules, 1964. (l) The Service Association shall not address any communications to a Foreign authority except through the government which shall have the right to withhold it; and (m) Communications addressed by the Associations or by any office bearers on its behalf to the Government or a Government authority shall not contain any disrespectful or improper language. 3. If in the opinion of Government, the Service Association recognized fails to comply with the condition set out in para 1 and 2 above, the Government, may withdraw the Recognition accorded to the Association. XIX. J.C.M. SCHEME & ARBITRATION - DECLARATION This is a declaration of joint intent regarding the common approach of the Govt. of India on the one hand and the employees’ organisations on the other to the creation of the machinery for joint consultation and compulsory arbitration and its smooth working and full utilisation. 2. Both the parties are in agreement with the objective of promoting harmonious relations and accruing the greatest measure of co-operation between the Central Government in its capacity as employer and the general body of its employees in matters of common concern with the object, further of increasing the efficiency at the public service combined with the well being of those employed. 3. Both parties agree further that there should be full and frank discussion on all matters that come up before the joint councils and that every endeavour should be made to reach agreement on such matters. 4. The Government:a) are desirous of promoting healthy development of organisations of government employees, and b) have noted the fear of victimisation expressed by certain representatives of the Government employees’ organisations and propose to make suitable provision in the rules. etc., to ensure that no office- bearer of a Union/Association is victimised for legitimate association/trade union activities.

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5.

The associations/unions:a) agree to give a fair trial to the scheme of joint consultation and compulsory arbitration for a minimum period of 5 years. b) agree that during this period of trial all disputes shall be resolved through the machinery of joint consultation and compulsory arbitration . 6. The Government of India and the union/associations agree that failing the settlement of a dispute be negotiation, arbitration shall be open to Government departments on the one hand and to recognised associations/ unions of Government employees within the scope of National Joint Council and of the Departmental Councils on the other hand, on an application by either party in regard to certain matters affecting conditions of service subject to limitations and conditions hereinafter defined. 7. Both the parties are agreed:that there is a failure to agree on a claim falling within the limits set out below the case shall be reported by or on behalf of either of the parties to the Ministry of Labour and Employment for reference to arbitration by a Board of Arbitration consisting of 3 members, one drawn from a panel of 5 names submitted by the official side.One from a similar panel submitted by the staff side of the National Council, and Chairman who will be an independent person. The members and Chairman shall be selected by the Minister of labour.

8. The rights of either party to take a claim to arbitration shall be as follows:a) it shall cover only those associations/unions to whom the scheme for joint consultation and compulsory arbitration is applicable. b) It shall be limited to (i) pay and allowances, (ii) weekly hours of work, and (iii) leave; or a class or grade of employees; c) Cases of individuals shall not be subject to compulsory arbitration. d) A dispute shall not be referred to arbitration unless it has been considered by the National Council or the appropriate Deptl. Council, as the case may be, and final disagreement between the two sides has been recorded. If there is a dispute relating to an arbitrable matter in a lower council, it will be placed before the Deptl. Council concerned. e) (i) while considering a dispute referred to it, the Board of Arbitration shall examine the merits of the cases presented by both the official and the staff sides and take into account all other relevant factors including the principles enunciated in any recent report of a commission of enquiry etc. (ii) matter determined by the Government in accordance with the recommendations of a commission will not be subject to arbitration for a period of 5 years from the date of the recommendations, after which they will become arbitrable again. f) subject to the over-riding authority of Parliament recommendations of the Board of Arbitration will be binding on both sides. If, for reasons to be recorded in writing, the Central Govt. is of opinion that all or any of the recommendations of Board of Arbitration should on grounds affecting national economy or social justice be modified, the Central Govt. shall, as soon as may be, lay before each House of Parliament the report of the Board containing such recommendations together with the modification proposed and the reasons therefore, and thereupon Parliament may make such modifications in the recommendations as it may deem fit. 10. Both the parties are agreed that any provision of this declaration of the scheme could be amended by mutual agreement at any time. SCHEME FOR JOINT CONSULTATIVE MACHINERY AND ARBITRATION FOR CENTRAL GOVERNMENT EMPLOYEES

COMPULSORY

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With the object of promoting harmonious relation and of securing the greatest measure of coordination between the Government, in its capacity as employer, and the general body of its employees in matters of common concern. and with the object, further, of increasing the efficiency of the public service, the Government of India have decided to establish a machinery for joint consultation and arbitration of unresolved differences. The essential features of the scheme for setting up such a machinery are described below:-

2.

3. 4.

5.

6. 7.

a) the Class I services, b) the Class II services, other than the Central Secretariat Services and the other comparable services in the headquarters organisation of the Government, c) persons in industrial establishments employed mainly in managerial or administrative capacity, and those who being employed in supervisory capacity draw salary in scales going beyond Rs. 2900/-per mensem, d) employees of the Union Territories, and e) police personnel. The machinery will supplement, and not replaces, the facilities provided to employees to make individual representations, or to associations of employees to make representations on matters concerning their respective continuing services, grades, etc. There will be a joint council at the national level, and usually at two lower levels departmental, regional office. The national council will deal with matters affecting Central, Government employees generally, such as minimum remuneration, dearness allowance and pay of certain common categories, for instance office clerks, peons, and the lower grades of workshop staffs; and matters relating to categories of staff common to two or more departments and the grouped together in a single Departmental Council. Matters of interest to employees of a single Department will not be dealt with the National Council. The National Council may have two standing committees, one to deal with matter relating to non-industrial staff and the other to dealt with the cases concerning industrial staffs. (i) A Departmental Council will deal only with matters affecting staff employed in the department or Departments affecting concerned. (ii) There will normally be one Departmental Council for each department. For two or more small departments under a Ministry, there may, however be a single council especially if the nature of duties in the departments is similar. (iii)For the Central Secretariat Services, which though providing staff for all the Ministries are in important matters controlled by the Ministry of Home Affairs, there will be a separate council in that Ministry. Other common categories of office staffs of participating offices may also be included in the same departmental council. There will also be regional and/ or office councils where the structure of a department permits the setting up of such councils. These councils will deal only with regional or local questions. (i) The National Council will consists of an official side and a staff side. The official side will be appointed by the government and may consist of upto 25 members, who will include the Cabinet Secretary, Secretaries, Ministries of Home Affairs, Labour, Communications and Defence, Secretaries, Ministry of Finance, Departments of Expenditure and Revenue, and one of the Secretaries, Ministry of Railways. The staff side may consist of upto 60 members who will be nominated by the recognised associations, in the manner prescribed in this behalf. The Cabinet Secretary will be the Chairman of the Council and the staff side will elect its own leader. Each side will appoint its own Secretary or Secretaries. (ii) The Departmental Councils will also be constituted on the same basis. The official head of the Ministry or Department will be included in the official side, and will be the chairman of the council. The membership of the official side may vary form 5 to 10 and of the staff side, which will be nominated by the recognised associations from 20 to 30, depending on the total strength of the staff and the number of grades and service in the department

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(iii) The regional and /or office Councils too will be constituted in the same manner. The strength of a regional or office council will be determined by the size of the staff in a region or office, and the head of the region or office will be its chairman. (iv) No person who is not an employee or an honorary retired employees of the central Government shall be a member of a joint council. Note:- Government may permit an ex-employee to be a member of a joint council after examining the merits of each individual case. 8. The associations will nominate their representatives for a term of 3 years but there will be no bar to re-nomination. Vacancies caused by death, retirement, resignation, transfer etc. will be filled for the un-expired term. Note:- An Association may replace on the joint council such of its representatives as have ceased to be its office bearer at annual elections or by exigencies such as a vote of no confidence. 9. The scope of the councils will include all matters relating to conditions of service and work, welfare of the employees, and improvement of efficiency and standards of work, provided, however, that (i) in regard to recruitment, promotion and discipline, consultation will be limited to matters of general principles and (ii) individual cases will not be considered. 10. The official side will conclude matters at meeting of the councils and will not reserve them for later decision by the Government. 11. A council may appoint committees to study and report on any matters falling within its scope. 12. Subject to the final authority of the Cabinet, agreements reached between the two sides of a council will become operative. 13. If there is no agreement between the two sides, the matter may be transmitted to a committee of the council for further examination and report. But, if a final disagreement is recorded, and the matter is one for which compulsory arbitration is provided, it shall be referred to arbitration, if so desired by either side. In other words, the Government will take action according to its own judgement. 14. A matter disposed by a council in any manner will not be placed on the agenda during the following 12 months, unless, for any special reasons, the chairman of the council directs otherwise. 15. The councils will frame rules for the conduct of whole business. 16. Compulsory arbitration shall be limited to:(i) Pay and allowances, (ii) Weekly hours of work, and (iii) Leave. 17. Cases of individuals shall not be subject to compulsory arbitration. 18. A dispute shall not be referred to arbitration unless it has been considered by the National Council or the appropriate Deptl. Council, as the case may be, and final disagreement between the two sides has been recorded. If there is a dispute relating to an arbitrable matter in a lower council, it will be placed before the Deptl. Council concerned. 19. On a final disagreement being recorded as mentioned in clause 18, the Government shall appoint a Board of Arbitration as soon as possible. The Board will consists of 3 members, one drawn from a panel of 5 names submitted by the official side, or from a similar panel submitted by the staff side of the National Council and a Chairman who will be an independent person. The members and the Chairman will be selected by the Ministry of Labour. 20. (i) In determining a dispute the Board of Arbitration shall examine the merits of the cases presented by both the official and the staff sides, and take into account all other relevant factors including the principles enunciated in any recent report of a commission of enquiry etc. (ii) Matters determined by the Government in accordance with the recommendations of a commission will not be subject ot arbitration for a period of 5 years from the date of the recommendations, after which they will become arbitrable with reference, as far as possible, to the factors referred to in (i) above. 21. subject to the over-riding authority of Parliament recommendations of the Board of Arbitration will be binding on both sides. If, for reasons to be recorded in writing, the Central Govt. is of opinion that all or any of the recommendations of a Board of Arbitraion should on grounds

60

affecting national economy of social justice be modified, the central Govt. shall, as soon as may be, lay before each House of Parliament the report of the Board containing such recommendations together with the modification proposed and the reasons therefore, and thereupon Parliament may make such modifications in the recommendations as it may deem fit modification may extend to the rejection of a recommendation. 22. Orders made by the Government in pursuance or recommendations of the Board of Arbitraion shall, unless otherwise specified in those recommendations or modified by mutual agreement, remain in operation for a period of 3 years. DRAFT CONSTITUTION OF THE NATIONAL COUNCIL 1. Short title:- This Constitution may be called the Constitution of the National Council under the Joint Consultation and Arbitration Scheme. 2. Application:- This Constitution shall cover, as far as may be all Ministries and Departments of the Central Government. 3. Objects:- The object of the Council is to promote harmonious relations and to secure the greatest measure of cooperation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern and further to increase the efficiency of the public service. 4. Scope and functions:(i) The scope of the Council will include all matters relating to conditions of service and work, welfare and improvement of efficiency and standards of work of all regular civil employees of the Central Government except a) the class I services; b) the class II services, other than the Central Secretariat Services and the other comparable services in the headquarters organisation or the Government; c) persons in industrial establishments employed mainly in managerial or administrative capacity and those who being employed in supervisory capcity draw salary in scales going beyond Rs 575 per mensem; d) employees of the Union Territories; and e) Police personnel and personnel of the Railway Protection Force provided, however that: (i) in regard to recruitment, promotion and discipline, consultation will be limited to matters of general principles; and (ii) individual cases will not be considered. (2) The Council will deal with matters affecting Central Government employees generally, such as minimum remuneration, dearness allowances and pay of certain common categories, for instance office clerks, peons, and the lower grades of workshop staffs’ and matters relating to categories of staff common to two or more departments and not grouped together in a single Departmental Council. (3) Matters of interest to employees of a single Department will not be dealt with by the National Council. 5. Members of the Council:(1) The Council shall consist of :(A) Chairman:- The Cabinet Secretary (B) Representatives on the Official Side :(i) Permanent members:- Besides the Chairman, the Secretary, or an officer nominated by the Secretary, of each of the following Ministries/Departments shall be the permanent members on the Official Side of Council:1. Min. of Home Affairs (Estt, Division) 2. Min. of Labour & Employment. 3. Min. of Finance (Deptt. of Expenditure). 4. Min. of Railways.

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5. Min. 6. Ministry of Defence. 7. Min. of Defence (Deptt. of Defence Production). 8. Deptt. of Posts & Telegraphs. 9. Min. of Transport. 10. Comptroller & Auditor General India. 11. Min. of Finance (Deptt. of Revenue). 12. Min. of Works, Housing & Rehabilitation. 13. Min. of Food & Agriculture. 14. Min. of Home Affairs Central Secretariat Services Division). 15. Min. of External Affairs. 16. Min. of Education & Scientists Research and Cultural Affairs. 17. Min. of Information & Broadcasting. (ii) Temporary Members:Ministry of Home Affairs may, from time to time, nominate such number of temporary members belonging to any Ministry/ Department of the Government of India as, together with the Chairman and the permanent members specified above, will not exceed 25. (c) Representatives on the staff Side:There shall be not more than 60 members on the Staff Side nominated by the Association/Unions/Federations/Confederations recognized for the purpose of representation on the National Council as follows:(i) (State the No) Member nominated by………. Association/Union. (ii) (State the Number) Members nominated by ........................ Association/ Union. (iii) ............................................................................ (iv) ............................................................................ Note:- 1. Where there are two or more Union/Associations representing different Categories of Staff the Chairman shall distribute the total permissible representation on the Council on the basis of the respective numerical strengths of the categories concerned. Noth:-2. Where there are two or more Associations/Unions representing the same categories of staff, the total permissible representation shall be distributed by the Chairman on the basis of the respective membership of the each Union/Association. Note:-3. A tentative distribution of Staff membership between Ministries is shown in Annexure. Note:-4 If there has been change in the membership of the Association/Union proportional representation given could only be changed after verification of membership to be done in the manner advised by the Chief Labour Commissioner. Note:-5 Distribution of seats may also done by the Chairman in consultation with the Associations/unions in any other manner acceptable to Associations/Unions. (D) Secretaries:The official and Staff Sides may each appoint its Secretary or Secretaries from amongst its representatives. (E) Leader:The Staff Side shall elect by simple majority one its members as its Leader, who shall hold that office for a period of one year but shall be eligible for re-election; a vacancy caused by death, retirement, resignation, transfer etc., will be filled for the unexpired term. (F) Permanent Secretariat:There shall be a permanent Secretariat of the Council under the control of the Chairman. 2. No person who is not an employee or an honorably retired employee of the Central Government shall be a member of the Council.

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6. Nomination of representatives on the Staff Side by recognised Employees, Organisations (1) The Chairman of the Council shall, at the commencement of this Constitution and thereafter as and when occasions arise, intimate in Form ‘A; to each recogniseed employees’ organisation, which term shall include a Federation, a Confederation, an Association and a Union, eligible for representations on the Council the number of members it may nominate on the Council. (2) On receipt of intimation under clause (1), a recognised employees’ organisation may intimate in Form ‘B’ to the Chairman of the Council the name(s) of its representative(s) nominated by its general body or its executive committee. (3) In the event of retirement, resignation, death etc. of a representative of an employee’s organisation such organisation may nominate or, in the case or retirement, re-nominate its representative in Form ‘C’ . (4) On receipt of intimation under clause (2) or (3) above, as the case may be, the Chairman of the Council shall consider whether the nomination is in accordance with the provisions of the scheme and inform the employees’ organisation concerned. 7. (1)

(2)

Term of Membership:The employees’ organisations will nominate their representatives for a term of 3 years; but there will be no bar to renomination. Chairman may, However, permit a change of a representative once in a year if he ceases to be an office bearer of an Association/ Union after its annual election. Vacancies caused by death, retirement, resignation, transfer etc. will be filled for the unexpired term.

8. Standing Committees:The Council may have the following standing committees:(A)

Industrial Standing Committee:It shall deal with matters relating to industrial staff only and shall be appointed by the Council.

(B)

Non-Industrial Standing Committees:It shall deal with matters relating to non-industrial staffs and shall be appointed by the Council.

9.

Delegation:The Council may delegate to the Standing Committees any such powers as it may consider necessary for the expeditious disposal of business.

10.

Appointment of Committees:A Council and its Standing Committees may appoint Committee from amongst their members to study and report on any matters falling within their scope. (Copy of Ministry Home Affairs O.M. No. 28/11/63 – Eats dated – 1964)

CONDUCT OF BUSINESS IN THE NATIONAL COUNCIL DRAFT MEMORANDUM The following instructions shall govern the conduct of business of the National Council under the Joint Consultation and Arbitration Scheme:1.

Short title:-

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These instructions may be called the Instructions for the Conduct of Business of the National Council. 2.

Meetings:1. The ordinary meeting of the Council shall be held as often as necessary, and not less than once in six months. A notice of an ordinary meeting shall be sent to all members not less than fifteen days before the date of meetings. As far as may be possible, the date of the next ordinary meeting shall be fixed at each meeting of the Council. 2. A special meeting of the Council may be called by the Chairman. A notice of such a meeting shall be sent to all members not less then seven days before the date of meeting.

3.

Quorum:The quorum shall be 1/3rd each of the strengths of the Official and Staff Sides.

4.

Agenda:(i) The Agenda for a meeting shall be prepared under the orders of, and approved by, the Chairman. (ii) The agenda for an ordinary meeting shall be circulated to all the members not less than three weeks before the meeting. (iii) The agenda for a special meeting shall be circulated with the notice of the meeting. (iv) A member desiring inclusion of subject in the agenda of a meeting will communicate the subject together with an explanatory memorandum was necessary, to the Secretary, Official or Staff side, as the case may be, at least eight week is advance of the meeting. The secretary concerned shall make sure that the subject suggested fall within the purview of the Council and, thereafter, place the suggestion before the Chairman not less than seven weeks before the due date of the meeting, for his approval to their inclusion in the Agenda. (v) Business not on the agenda may only be taken up with the permission of the Chairman. (vi)

A Matter disposed of by a council in any manner will not be placed on the agenda during the following 12 months, unless for any special reason the Chairman of the Council directs otherwise

5. Minutes: The minutes of a meeting will be drafted under the directions of the Chairman at the meeting and approved by the Council. They will thereafter be circulated to the members of the council. 6. Decision (i) The official side will conclude matters of the meetings of the council and will not reserve them for later decision by the Government. Subject to the final authority of the Cabinet, agreements reached between the two sides of a Council will become operative. (ii) If there is no agreement between the two sides on any particular issue, the matter may be transmitted to a committee of the Council for further examination and report. But if a final disagreement is recorded by the Council and the matter is one for which compulsory arbitration is provided, it shall be referred to arbitration if so desired by either Side. In other cases of disagreement, Government will take action according to their own judgment and communication the final decision to the council for information. 7. Publication of statements: -

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Only statements issued under the authority of the Council shall be published; such statements shall be as full and informative as possible. 8. Standing Committees The above instructions shall also govern the conduct of business of the Standing Committees of the National Council. The Standing Committee shall not, however, take final decisions on any subjects that come before them and shall transmit their conclusions to the Council for decision. ANNEXURE-I Distribution of Central Government Employees (excluding work-Charge personnel etc.) drawing pay upto Rs. 500/- per month by Ministries/Offices and their attached and subordinate offices as on 31st March, 1961

S.No Name of No. of Ministry/Deptt. Employee s 1 Min. of Railways 11,42,953 2 Min. of Defence 2,76,354 3 Min. of Transport & Communications 2,60,787 4 Min. of Finance 83,637 5 Indian Audit & Accounts Deptt. 37,076 6 Min. of Works Housing & Supply 31,351 7 Min. of Food & 25,992 Agri. 8 Min. of Home 21,831 Affairs 9 Min. of Commerce & Industry (Ministries of Industry & 12,566 International Trade) 10 Min. of External 9,864 Affairs 11 Min. of S.R. & 9,571 C.A. 12 Min. of 9,270 Rehabilitation 13 Min. of I. &.B. 8,379 14 Min. of Health 7,808 15 Min. of Steel, Mines & Fuel 6,032 16 Min. of Education 4,647 17

Min. of Labour &

Tentative Allocation of Seats. 30 7 6+1 (C.A) 3 1 1 1 2

1

1 1(With Education) (With WH&R) 1 1 1 (With SR & C.A)

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18 19 20

21 22

Employment Min. of I & P Cabinet Secretariat Min. Community Development Min. of Law. Miscellaneous Offices Total

3,867 3,763 2,024

of 840

2

726 7,001 19,66,339

CONSTITUTION OF DEPARTMENTAL COUNCILS Deptt./Office of.........................no.......................... Dated........................... 1.

Short title This Constitution may be called the Constitution of the Departmental/regional/Office Council of the Department/Office of .................. under the joint Consultation and Arbitration scheme.

2.

Application This Constitution shall cover the following Department (s)/ office (s):(a).............................. (b)............................. .................................... etc.

3.

Object:The object of the Council is to promote harmonious relations and to secure the greatest measure of cooperation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern and further to increase the efficiency of the public service.

4.

Scope and Functions The scope of the Council will include all matters relating to conditions of service and work, welfare of the employees, and improvement of efficiency and standards of work, provided, however, that. (i) In regard to recruitment, promotion and discipline, consultation will be limited to matters of general principles; (ii) Individual cases will not be considered.

Matters relating to categories of staff common to two or more departments and not grouped together in a single Departmental Council shall be dealt with by the National Council 5. Members of the Council The Council shall consist of (a) Chairman; ………. (designation) (b) Representatives on the official side – Besides the Chairman, there shall be (state the number) members on the official side to be nominated by Government or Head of Department/office: (c) Representatives on the Staff SideThere shall be (state the number) members on the staff side as follows:

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(i) (State the No) Member nominated .................... Association/Union. (ii) (State the Number) members nominated by ........................ Association/ Union. (iii) ............................................................................ (iv) ............................................................................ Note:- 1.Where there are two or more Unions/Associations representing different Categories of Staff the Chairman shall distribute the total permissible representation on Council on the basis of the respective numerical strengths of the categories concerned. Note:-2. Where there are two or more Association/Unions representing the same categories of staff, the total permissible representation shall be distributed by the Chairman on the basis of the respective membership of each Union/Association. Note:-3.If there has been change in the membership of the Association/Union, proportional representation given could only be changed after verification of membership to be done in the manner advised by the Chief Labour Commissioner. Note:-4 Distribution of seats may also done by the Chairman in consultation with the Associations/unions in any other manner acceptable to Associations/Unions. (D) Secretaries:The official and Staff Sides may each appoint its Secretary or Secretaries from amongst its representatives. (E) Leader:The Staff Side shall elect by simple majority one its members as its Leader, who shall hold that office for a period of one year but shall be eligible for re-election; a vacancy caused by death, retirement, resignation, transfer etc., will be filled for the unexpired term. 6. Nomination of representatives on the Staff Side by recognised Association/Union (1) The Chairman of the Council shall, at the commencement of this Constitution and thereafter as and when occasions arise, intimate in Form ‘A; to each recognised Association/ Union eligible for representations on the council the number of member it may nominate on the Council. (2) On receipt of intimation under clause (1) above a recognised Association/ Union may intimate in Form ‘B’ to the Chairman of the Council the name(s) of its representative(s) nominated by its general body or its executive committee of the Association/ Union . (3) In the event of retirement, resignation, death etc. of a representative of an Association/ Union such Association/ Union may nominate or, in the case or retirement, re-nominate its representative in Form ‘C’ . (4) On receipt of intimation under clause (2) or (3) above, as the case may be, the Chairman of the Council shall consider whether the nomination is in accordance with the provisions of the scheme and inform the Association/ Union concerned. 7. Term of Membership:(1) The Association will nominate their representatives for a term of 3 years; but there will be no bar to renomination. Chairman may, however, permit a change of a representative once in a year if he ceases to be an office bearer of an Association/ Union after its annual election. (2) Vacancies caused by death, retirement resignation, transfer etc. will be filled for the unexpired term. 8. Appointment of Committees:-

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A Council may appoint committee from amongst its members to study and report on any matters falling with its scope MODEL INSTRUCTIONS FOR CONDUCT OF BUSINESS OF COUNCILS Deptt./Office of ................................ No....................... Dated................................ Memorandum The following instructions shall govern the conduct of business of Departmental/Regional/Office Council of the Department /Office of ........................ Under the Joint Consultation and Arbitration Scheme:1. Short title:These instructions may be called the Instructions for the Conduct of Business of Departmental/Regional/Official Council of the Department / Office of ........................ 2. Meetings:1. The ordinary meeting of the Council shall be held as often as necessary, and not less than once a quarter) in six months for Departmental Council). A notice of an ordinary meeting shall be sent to all members not less than fifteen days before the date of meetings. As far as may be possible, the date of the next ordinary meeting shall be fixed at each meeting of the Council. 2. A special meeting of the Council may be called by the Chairman. A notice of such a meeting shall be sent to all members not less then seven days before the date of meeting. 3. Quorum:The quorum shall be 1/3rd each of the strengths of the Official and Staff Sides. 4. Agenda:(i) The Agenda for a meeting shall be prepared under the orders of, and approved by, the Chairman. (ii) The agenda for an ordinary meeting shall be circulated to all the members not less three weeks before the meeting. (iii) The agenda for a special meeting shall be circulated with the notice of the meeting. (iv) A member desiring inclusion of subject in the agenda of a meeting will communicate the subject together with an explanatory memorandum were necessary, to the Secretary, Official or Staff side, as the case may be, at least eight weeks in advance of the meeting. The secretary concerned shall make sure that the subject suggested fall within the purview of Council and, thereafter, place the suggestion before the Chairman not less than seven weeks before the due date of the meeting, for his approval to their inclusion in the Agenda. (v) Business not on the agenda may be taken up with the permission of the Chairman. (vi) A matter disposed of by a Council in any manner will not be placed on the agenda during the following 12 months, unless for any special reason the Chairman of the Council directs otherwise. 5. Minutes The minutes of a meeting will be drafted under the directions of the Chairman at the meeting and approved by the Council. They will thereafter be circulated to the members of the Council.

6. Decisions

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(1) The Official side will conclude matters at the meetings of the Council and will not reserve them for later decision by the Government. Subject to the final authority of the Cabinet, arrangements reached between the two Sides of a Council will become operative. (2) If there is no agreement between the two sides on any particular issue, the matter may be transmitted to a Committee of the Council for further examination and report. But if a final disagreement is recorded and the matter is one for which compulsory arbitration is provided, it shall be referred to arbitration if so desired by either Side. In other cases of disagreement, Head of Office/Department or Government as the case may be, will take action according to their own judgment and communicate the final decision to the Council for information. A dispute shall, however, not be referred to arbitration unless it has been considered by the National Council or the appropriate Departmental Council, as the case may be; If such a dispute arises in a Council at a lower level, the Chairman of such Council shall record the dispute with a brief statement of the case and after securing the Council’s approval to the text remit the matter to the Chairman of the Departmental/National Council for consideration. 7. Publication of Statements Only statements issued under the authority of the Council shall be published; such statements shall be as full and informative as possible JCM SCHEME-SETTING UP OF REGIONAL COUNCIL OF JCM IN THE P&T CIVIL CIRCLE The JCM Scheme for Central Government employees provides for setting up a joint Councils at the National/Deptl./Regional level. According to the scheme, Regional Councils are to be set up where the structure of Dept. permits the setting up of such councils. As per an agreement reached in the P&T Departmental council, it has now been decided to set up Regional Councils of JCM at the level of Zonal Chief Engineers, Civil Wing, S.W. Zone and Eastern Zone. 2. A copy of each of JCM Scheme and Model Constitution of the P&T Regional Councils together with copies of Rules of Business for the P&T Regional Councils and forms for obtaining nominations of the staff side representatives and for Declaration of Joint Intent are enclosed for information, guidance and necessary action. A copy of instructions No. 28-30/78SR for processing the cases of disagreement in the Regional Councils, which may be taken as applicable to Regional Councils on the Civil Wing also, is also enclosed. 3.

The staff side will comprise the representatives of NFPTE & FNPTO. As a working agreement it has been decided to allocate the 7 seats on the staff side as follows: NFPTE = 5 FNPTO = 2 The nominations to the staff side may be obtained directly from the Secretary Generals of NFPTE and FNPTO.

4. The 5 official side members are to nominated by the Regional Council Chairman and it should be ensured that the Internal Financial Advisor is nominated as one of them. 5. It is requested that necessary action for setting up the Regional Council in your zone may kindly be taken immediately and a report of action taken in the matter be sent to the under signed by 15th September 1981 (28/19/80-SR dt. 24.07.81)

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MODEL CONSTITUTION FOR REGIONAL COUNCILS Constitution of the P&T Council under the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government Employees. 1. Short Title : This constitution may be called the Constitution of the Regional Council of the P&T ................................. Circle/Telephone District/Telecom. Factories/Organisation under the S.C.T.S. 2. Application : Subject to the provisions of the Scheme for Joint Counsultative Machinery and Compulsory Arbitration, this Constitution shall cover all the regular industrial and non-industrial employees in the P&T.........................Circle/Telephone District/Telecom. Factories/T.S.Organisation. Note : Extra Departmental Agents/Casual Mazdoors/Contigency paid staff and other similar categories are not regular employees and the Scheme will not apply to them. 3.

Objects : The object of the Council is to promote harmonious relations and to secure the greatest measure of co-operation between the Government in its capacity as employer, and the general body of its employees in matters of common concern and with the object, further of increasing the efficiency of public services combined with the welfare of those employed.

4.

Scope and functions : The Scope of the Regional Council will include all local matters relating to conditions of work, welfare of employees, improvement of efficiency with particular reference to the local conditions. The subjects to be discussed at the Regional level should be limited to matters within the competence of the Head of Circle/Telephone District/Telecom. Factories and Telecom. Stores Organisation. The following matters shall normally be outside the purview of the Regional Councils: 1) Matters within the competence of the Government, P&T Board or the Director General; 2) Matters of limited local or regional interest but essentially of general character; 3) Individual cases. If there is any doubt as to whether a matter falls within the competence of a Regional Council, the decision of the Chairman shall be final, subject to the overriding powers of the authorities superior to the Chairman.

5.

Composition: The Council shall be composed of : a) Chairman: Head of the Circle/Telephone District/Telecom. Factories/Telecom Stores Organisation. b) Representatives on the Official Side. Not be more than five Members on the Official Side to be nominated by the Chairman of the Regional Council. c) Representatives on the Staff Side : To be nominated by a federation of Unions/Associations or Association/Union recognised by the P&T Board for the purpose of representation in the Joint Consultative Machinery and Compulsory arbitration. In the case of Telephone Districts, Postal Circles and Engg. Units such as Telecom stores organisation and Telecom factories, the number of Members on the Staff Side shall be limited to seven while in other cases the number will not exceed fourteen.

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Note I: Where there are two or more Unions/Associations representing different categories of staff, the Chairman shall distribute the total permissible representation on the Council on the basis of the respective numerical strength of the categories concerned. Note II : Where there are two or more Associations/Unions representing the same categories of staff the total permissible representation shall be distributed by the Chairman on the basis of the respective membership of each union/association. Note III : If there has been change in the membership of the Association/Union, proportional representation given could only be changed after verification of membership to be done in the approved manner. Note IV : Distribution of seats may also be done by the Chairman in consultation with the Associations/Unions in any manner acceptable to Associations/Unions. Note V : No person who is not an employee or an honourably retired P&T employee of the Central Government shall be a member of the Council. Note VI : Government may permit an ex-employee to be a member of the Council after examining the merits of each individual case. d) Secretaries : The Official and Staff Sides may each appoint its Secretary from amongst its Members. e) Leader : The Staff Side shall elect by simple majority, one of its members, as its Leader, who shall hold that office for a period of one year; but shall be eligible for re-election. A vacancy caused by death, retirement, resignation transfer; etc. will be filled for the unexpired term. 6. Nomination of representatives on the Staff Side by recognised Employees Organisations : 1) At the commencement of the Constitution and thereafter when occassions arise each recognised employees organisation, which term shall include a Federation, an Association and a Union eligible for representation on the Council, shall be intimated in Form ‘A’ the number of members it may nominate on the Council. 2) On receipt of intimation as in Clause(1), a recognised employees organisation may intimate in form ‘B’ the name of its representatives nominated by its Executive Committee. 3) In the event of retirement, resignation, death, etc. of a representative of any employees’ organisation, such organisation may nominate or in the case of retirement re-nominate its representative and send the intimation as in form ‘C’. 4) On receipt of intimation under Clause(2) (3) above, as the case may be, the Chairman of the Council shall consider whether the nomination is in accordance with the provisions of the Scheme and inform the employees’ organisation concerned. 7. Term of Membership The Associations/Unions will nominate their representatives for a term of 3 years; but there will no bar to renomination. Vacancies caused by death, retirement, resignation, transfer etc. will be filled for the unexpired term. Note : An association/union may replace on the Council such of its representatives as have ceased to be its office bearers at annual elections or by exigencies such as a vote of no confidence. 8.

Appointment of Committee:

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The Council may appoint Committees from amongst its members to study and report any matter falling within its scope. Form ‘A’ No.................................................. Dated ................................................... To The President/Secretary, Name of the Association/Union. Subject : Nomination of representatives on the Staff Side of the Regional Council. Sir, In accordance with the Scheme for Joint Consultative Machinery and Compulsory Arbitration for Central Government Employees, your Association/Union is required to nominate (State the number) member(s) on the Staff Side of the Regional Council. A copy of each of the Scheme and Declaration of Joint Intent to which your Association/Union will have to subscribe are enclosed. You are requested to intimate with in 15 days of the date of issue of this letter the name(s) of the nominee(s) of your Association/Union in duplicate as in the form enclosed. Yours faithfully PMG/GMT/GM,TF/DMT/CCTS. Form ‘B’ From The President/Secretary, (Name of the Association/Union) To The Head of Circle/Telephone District/Unit Establishment. Subject : Nomination of members on the Staff Side of the Regional Council. Sir, With reference to your letter No. ................................................ dated .......................... on the above subject. I am directed to say that the Executive Committee* of ............................ Association/Union has considered the Scheme for Joint Consultative Machinery and Compulsory arbitration for Central Govt. Employees and subscribes to the Declaration of Joint Intent. The Executive Committee has nominated the following person(s) to represent it on the Staff Side of the Council Name Office and appointment held Address An authenticated copy of the resolution of the Executive Committee* of the Association/Union is enclosed. 2. Please acknowledge this communication. Yours faithfully, President/Secretary

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Note : As applicable according to the Constitution of the Association/Union RULES OF BUSINESS FOR THE P & T REGIONAL COUNCILS. The following rules shall govern the conduct of business of the Regional Council under the Scheme for Joint Consultative Machinery and Compulsory arbitration for Central Government Employees. 1. Short Title: These rules may be called the rules for the conduct of Business of the P&T Regional Council. 2. Meeting: The ordinary meetings of the Regional Council shall be held once in three months. A notice of an ordinary meeting shall be sent to all members not less than fifteen days before the date of the meeting. As far as possible, the date of the next ordinary meeting of the Regional Council shall be fixed at each meeting of the Council. A special meeting of the Council may be called by the Chairman on his own or a request from either the official side or from the Leader of the Staff Side. A notice of such a meeting shall be sent to all members not less than 10 days before the date of the meeting. 3. Quorum: The quorum shall be 1/3rd each of the strength of the Official and Staff Sides. 4.

Agenda: i) A member desiring inclusion of a subject in the agenda of meeting will communicate the subject together with an explanatory memorandum where necessary, to the Secretary Official or Staff Side, as the case may be, at least six weeks in advance of the meeting. The Secretary concerned shall make sure that the subjects suggested fall within the purview of the Council and thereafter, place the draft agenda before the Chairman of the Council not less than five weeks before the due date of the meeting, for his approval to their inclusion in the agenda. If any item suggested by a member is not included in the agenda, the member concerned shall be informed of the fact and the reasons therefore. ii) The agenda for an ordinary meeting shall be circulated to all the members not less than thirty days before the meeting. iii) The agenda for a special meeting shall be circulated simultaneously with the notice of the meeting. iv) Business not on the agenda may only be taken up with the permission of the Chairman. v) A matter disposed of by the Council in any manner will not be placed on the agenda during the following 12 months, unless for any special reason the Chairman of the Council directs otherwise. 5. Minutes: The minutes of a meeting will be drafted under the directions of the Chairman and shown Leader/Secretary Staff Side, before finalisation. The minutes will thereafter be circulated to the Members of the Council. 6. Decision: The Official Side will conclude matter within its competence at the meeting of the Council and will not reserve them for later decision. Subject to the final authority of the Government, agreements reached between the two sides of the Council will became operative. ii) The Council may refer to a Committee composed of members of the Council to report on any matter on which it considers that detailed examination is necessary before arriving at a decision.

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7. Publication of Statements:Only statements issued under the authority of the Council shall be published, such statement shall be as full and informative as possible

FUNCTIONING OF REGIONAL COUNCIL (JCM) I am directed to refer to your D.O. letter No. Union/JCM-1/Rlg/81 dated 1-2-1989 on the above subject and to state that Rule 4(1) of the Rules of Business for Regional Councils indicate that it should be ensured that the items submitted by the Staff/Official Side fall within the Purview of the Council. Article 2 (Application) and Article 4 (Scope and Functions) of the Constitution of Regional Council also clearly delineate the nature and scope of items that qualify for inclusion in the agenda of regional council meetings. It has clearly been mentioned therein that the following types of items are not admissible for discussion in the RCM:i) Matters within the competence of the Government the Postal Board or the D.G. (Posts) ii) Matters limited to local or regional interest but essentially of general character; iii) Individual cases; and iv) Matters concerning ED Staff/Casual Mazdoor/Contingency paid Staff and other Similar categories (RTP etc.) as they are not regular employees. It has also clearly mentioned that the items to be discussed at regional level should be limited only to the matters within the competence of the Heads of Circles. Therefore, the final discretion for admitting or rejecting the item lies with the Chairman, Regional Council. However it is noticed that while admitting the items in the agenda for the meetings of Regional Council of your Circle that the above provisions are not being followed strictly. Had this been done, a number of items should not have found place in the agenda of the meeting of Regional Council like problems of RTP Staff, double duty to Casual Labour/RTP etc. It is therefore advised that new items submitted by the staff side for discussion in the RCM Meetings should in the first instance, be scrutininsed very thoroughly and only such items as are eligible be included in the agenda should be admitted. For the items that do not qualify for admission in the agenda the staff side may be apprised of the position of the same alongwith the reasons for not admitting the items for discussion in the meetings of Regional Council. As regards composition of a ‘Review Committee’ to review the progress of action taken on the pending items there is a provision in the Constitution for appointment of the committees under Article 8 of the Constitution of Regional Council. Any item which is likely to take some time for finalisation may be remitted to such committee for detailed examination and report. One committee may entrusted with only one or two items. The report of the committees so appointed may be considered by the Regional Council in subsequent meetings. The items not concluded in the any meeting of Regional Council may be included in the Action Taken Statement as item No. 1 (Review of Action Taken on the minutes of the last meeting) of the agenda for the subsequent meeting. It is not advisable to from ‘Review Committee’ as it may become another forum for discussion of items and this will unnecessarily increase the work of administration in the circle offices. Further, there are only two ways in which an items being considered by the Regional Council can be disposed of. Either the demand of the Staff Side is agreed to and the item closed after issuance of suitable orders on the demand of the Staff is rejected and disagreement recorded. Therefore, it becomes imperative for the office side to examine the item extensively from all angles before an agreement or disagreement on any item is reached so that the decision taken is implemented without any delay and does not leave any scope for expressing concern by the Staff side on this account. As such, the pending item on which an agreement has been reached should be closed only when order implementing the decision of Regional Council they have been issued.

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A copy of (i) Model Constitution of Regional Council and (ii) Rules of Business for Regional Councils are again enclosed for further information and guidance. This also disposes of Chief Postmaster General, Calcutta letter No. U&A/JCM-RC/Rlg. dated 13-21989. No.28-4/89-SR Dated:- 13-7-1989 TA/DA for members of the Staff Side of the Regional Council (JCM)- Question of allowing one day prior to the meetings for consultation among the Staff Side members and treating that period as duty period. The Undersigned is directed to say that the Staff Side members of the National Council/Departmental Councils under the JCM Scheme are allowed 2 days in advance of the dates of meetings of such councils for consultation among themselves and the period is treated as on duty with daily allowance in terms of this Department’s OM Nos. 8/12/78-JCA dt. 4.8.1978 and No. 8/17/78JCM dated 5.6.1979. On the same analogy, it has been decided in consultation with the Ministry of Finance, to grant Staff Side members of the Regional Councils of JCM one day in advance of meeting of such Councils for consultation among themselves, to be treated as duty with appropriate daily allowance. 2. This issues with the concurrence of the Ministry of Finance vide their UO No. 3395-E.IV/85 dated 17.10 1985. (Department of Personnel & Training OM.No. 3/14/85-JCM dt. 14.11.85) Allotment of quarters for Regional Councils of JCM. No. 38-4/74-NB dt. 25-1-75 It has been decided that the orders regarding allotment of office accommodation to Unions/Associations contained in this office Memo No. 38-2/71-NB dated 22.3.72 may also be extended to the Staff side of Regional Councils of J.C.M. Joint consultation and Compulsory Arbitration Scheme-Grant of travelling allowance, daily allowance, etc. to members of the Staff side of the National/Departmental Regional/Office Council The undersigned is directed to refer to this Ministry's O.M. No. 8.1.64 - JCA, dated 30th Dec,'66, on the above subject and to state that it has been represented to us that the members of the National Council of the Staff Side experience some difficulty in the matter of their release from their stations of duty by the Administrative head. In order to obviate such a difficulty, the Ministry Finance, etc. may kindly issue instructions to the heads of all the attached and subordinate offices to the effect that the notice of the National council Meeting (or its Committees) issued by this Ministry when produced by the employee member of the National Council should be deemed as sufficient authority for relieving the employee concerned for the meeting. (No. 8/1/64-JCA dt. 27.3.67)