GO AHEAD WITH THE PREPARATION OF THE INDEFINITE
STRIKE FROM 11th JULY-2016
NJCA PRESS STATEMENT
NJCA
National Joint Council of Action
4, State Entry Road, New Delhi – 110055
PRESS
STATEMENT.
Dated
9th June, 2016.
The National Joint Council of Action was formed as an
apex level organization of the under-mentioned Associations/Federations participating in the
negotiating body of the Central Government employees at the National level,
called the Joint Consultative Machinery.
1.
All India Railway men Federation.
2.
National Federation of Indian Railway
men
3.
All India Defence Employees Federation
4.
Indian National Defence Workers
Federation
5.
Confederation of Central Government
employees and workers representing the
Unions
and Associations in all Departments other than Railways and Defence.
6.
National Federation of Postal Employees
7.
Federation of National Postal
organizations.
It was formed in the wake of the then UPA Government
refusing to enter into any meaningful negotiations with the Employees
Federation. In the face of the
unprecedented rise in the inflation of the Indian Economy during 2006 -16, the
employees demanded the Government to effect wage rise for the emoluments fixed
on the basis of the 6th CPC was incapable of meeting the both end of
an employee especially at the lowest level.
Though under threat the then Government conceded the demand for setting
up of the 7th CPC, they stubbornly refused to grant any interim
relief or DA merger, which alone would have mitigated the difficulties of the
low paid workers When the NDA Government
came to power, the NJCA approached them also with a request that the
difficulties of the low paid workers in
Central Government must be appreciated and the demand for Interim Relief or DA
merger be conceded. The NDA Government
too did not respond to the plea made by the NJCA.
The 7th CPC which was set up in Feb. 2014 was
to submit its report in August, 2016.
However, at the intervention of the Government, the report was further
delayed and it ultimately reached the Government only in November, 2015. Their recommendations were to be effective
from 1.1.2016. Except setting up an
empowered Committee of Secretaries, the Government did not do anything so far
on the report. It is now more than six
months the report is with the Government. Normally the revised allowances which form part and parcel
of the salary of the employees are granted with prospective effect i.e. from
the date of the issue of the orders. The
delay in taking decision on the report will rob the employees of the increased
allowances for ever. This apart, the
report of the 7th CPC was totally disappointing as it did not
address any of the issues projected before them in a proper manner and most of
the demands were rejected sans reasoning and logic. The increase they recommended was a paltry
14%, the lowest any Pay Commission had ever suggested. The NJCA in a detailed memorandum submitted
on 10th December, 2015,
conveyed to the Government as to how the recommendations on all major
issues were bereft of logic and reasoning and suggested as to what improvements
were required thereon. The NJCA had been
pursuing to have a meaningful negotiation and settlement of the issues. Except hearing the leaders, the empowered
Committee did not go further. It acted as if it was powerless and the final
decision will have to be taken by the Government. At the request of the Cabinet Secretary on
Ist March, 2016, when the NJCA deferred the strike action which was to commence
in April, 2016.
As there had been no fruitful negotiations or discussions
and having realized that the Government has no intention to settle the Charter
of demands, the NJCA decided to serve the notice for an Indefinite strike
action on 9th June, 2016.
Accordingly, all the constituent organizations have served the strike
notice today to their respective heads of Departments. The indefinite strike will commence on 11th
July, 2016, if no satisfactory settlement is brought about on the charter of
demands (which is enclosed).
About 35 lakh workers and employees belonging to various
Departments of the Government of India will participate in the strike action,
which is to commence on11th July, 2016.
It will certainly be the largest participated strike action of the
Central Civil Servants of the country since its independence. The determination
of the Minimum wage on the basis of Dr. Aykhroyd formula enunciated in 1957 to
which the Government of India was a party is the most significant issue in the
charter of demands. A right settlement
thereon will have far reaching impact in the wage determination of the entire
working class in the country. The
confrontation is between the forces who wanted India to be the destination for
cheap labour and others who fight against the exploitation.
The new Contributory Pension scheme introduced by the
Government in 2004 has made one third of the Civil servants unsure of their
entitlement at the evening of their life even though they were to contribute huge sums from their wages
every month compulsorily. The PFRDA bill
became an Act in the country as the members of Parliament both belonging to NDA
and UPA voted in favour of the loot of the workers. Even the recommendation made by the Standing
Committee of the Parliament to provide for a minimum guaranteed annuity pension
was rejected when the Bill was passed. The
other issue which must have a satisfactory settlement in the charter of demands
is about the contributory pension scheme.
There was perhaps only one and only one positive
recommendation made by the 7th CPC. That was to give some relief in
the pension entitlement of the past pensioners.
The Government has now proposed to reject that recommendation on the
specious plea that the relevant records required for the verification of the
claim of the individual pensioners especially those retired long time back may
not be available with the Government. If
the Government chooses to accept such also untenable advices from whichever
quarter it emanates, it would not only
be unfortunate but will make the strike action an imminent inevitability. While the NJCA hopes that the good counsel
will prevail upon the Government to avert the strike action, it appeals all its
constituents and through them all Central Government employees to go ahead with
the preparation of the strike action, which is slated to commence from 11th
July, 2016 with courage and determination.
Shiva Gopal Misra.
Convener
CHARTER OF DEMANDS
Part A.
1. Settle
the issues raised by the NJCA on the recommendations of the 7 CPC sent to
Cabinet Secretary vide letter dated 10th December 2015.
2. Remove
the injustice done in the assignment of pay scales to technical/safety
categories etc. in Railways& Defence, different categories in other Central
Govt establishments by the 7 CPC.
3. Scrap
the PFRDA Act and NPS and grant Pension/family Pension to all CG employees
under CCS (Pension) Rules, 1972 & Railways Pension Rules, 1993.
4. i)
No privatization/outsourcing/contractorisation of governmental functions.
ii) Treat GDS as Civil Servants and
extend proportional benefit on pension and allowances to the GDS.
5. No
FDI in Railways & Defence; No corporatization of Defence Production Units
and Postal Department.
6. Fill
up all vacant posts in the government departments, lift the ban on creation of
posts; regularize the casual/contract workers.
7. Remove
ceiling on compassionate ground appointments.
8. Extend
the benefit of Bonus Act,1965 amendment on enhancement of payment ceiling to
the adhoc Bonus/PLB of Central Government employees with effect from the
Financial year 2014-15.
9. Ensure
Five promotions in the service career of an employee.
10. Do
not amend Labour Laws in the name of Labour Reforms which will take away the
existing benefits to the workers.
11. Revive
JCM functioning at all levels.
CHARTER OF DEMANDS
Part B
1. Re-compute the minimum wage on the basis of
the actual commodity prices as on 1.7.2015and factor the Dr. Aykroyd formula
stipulated percentages for housing and social obligations, children education
etc. Revise the fitment formula and pay
levels on the basis of the so determined minimum wage;
We are not in agreement
with the methodology adopted by the 7th CPC in computing the minimum
WAGE. We give hereunder briefly the
reasons thereof.
1. The
retail prices of the commodities quoted
by the Labour bureau is irrational, imaginary and even absurd in respect of
certain articles at certain places. The
Staff Side had objected to the adoption of those rates in its meeting with the
Commission on 9th June, 2015.
2. The
adoption of 12 monthly average of the retail prices is contrary to Dr. Aykroyd
formula. Same is the case with the
reduction effected by the Commission on housing and social obligation factors.
The house rent allowance is not a full compensation of the expenditure incurred
by an employee for obtaining an accommodation.
Therefore, no reduction on that count in arriving at the minimum wage is
permissible. We may cite the minimum
wage computation made by the 3rd CPC in this regard, The employees were in receipt of HRA even at
that time. But still the 3rd
CPC, and rightly so, adopted the 7.5% as the factor for housing. In
respect of the addition to be made for children education and social
obligation as per the Supreme Court judgement, (25%) the Commission has reduced
the percentage to 15% on the specious plea that the employees are separately
given children education allowance. The
Children education allowance is not a full reimbursement of the expenses one
has to incur. After the liberalization
of the Education Sector where private parties were allowed to set up
universities and colleges, the expenses for education had increased heavily
. No concession or allowance is granted
to the employees for educating the children beyond the higher secondary levels. The earlier Pay Commission has only tried to
compensate a little in the increasing cost of education and that too at the
primary level, since even the Governmental institutions had started charging
abnormal tuition and other fees.
3. The
website maintained for the Agriculture Ministry depicts the retail prices of
commodities which go into the basket of minimum wage computation. Even though the rates quoted by them vary
from the real retail prices in the market, it provides a different picture. If one is to take the rates quoted by them
for different cities and make an all India average of the prices as on
1.7.2015, it will work out to Rs. 10810. It will result in the computation of
the minimum wage of Rs. 19880. Adding
25% for arriving at the MTS scale, it will rise to Rs. 24850. To convert the same as on 1.1.2016, 3% will
be added as suggested by the 7th CPC. The final computation will be Rs. 25,596,
when rounded off shall be Rs. 26000.
4. The
Andhra Pradesh State Pay Commission in its report has taken the commodity
prices at Rs. 9830.- as on 1.7.2013 which works out to a minimum wage of Rs.
18080. The wage of MTS will then be Rs.
22600 as on 1.7.2013, The Corresponding
figure for 1.1.2016 shall be Rs. 26758 , rounded off to Rs. 27000.
5. The
Staff side had computed the minimum wage as on 1.1.2014 at Rs. 26,000, taking
the commodity price at Rs. 11344. The
rates were taken on the basis of the actual retail prices in the market as on
1.1.2014( average prices of 8 Cities in the country) substantiated by the
documentary evidence of Cash bill obtained from the concerned vendors. As on 1.12016, the minimum wage work out to
Rs. 29339, rounded off to Rs. 30,000.
6. The
5th CPC adopted the rate of growh in the economy ( as reflected in
the increase in the per capita net national produce at factor cost) over a
period of ten years to arrive at the increase required to be made to arrive at
the minimum wage. The per capita NNP at
factor cost registered an increase of 65.28% over a period of ten years in
2013-14. If we apply the same percentage
to the emoluments (Pay +DA) as on 1.1.2016 (assuming that DA will be 125% as on
that date), the minimum wage as on 1.1.2016 for an MTS will have to be Rs.
26030, rounded off to Rs. 27000.
7.
In para 4.2.9 of the report, the
Commission has given a table depicting the percentage increase provided by the
successive Pay Commissions, according to which the 2nd CPC had made
a paltry increase of 14.2%. The 3rd CPC gave a rise of 20.6, 4th
27.6, 5th 31.0 and 6th
CPC 54%. While the per centage increase
had been in ascending order all along, the 7th CPC has sought to
reverse that trend ostensibly for reasons unknown. It is was the meager
increase of 14% provided for by the 2nd CPC that triggered the
volatile situation in the civil service and led to all India strike encompassing
all employees which lasted for 5 days in 1960. We do not know whether the 7 CPC
really intend to create such a scenario once again.
8. In
the case of Bank, Insurance and many other Public Sector Undertakings wage
revision takes place once in 5 years. In the recently concluded agreement, Bank
employees were provided more than 15% increase.
9. After
the implementation of the Pay Commissions Report the AP State Employees have
been given a wage structure based on a minimum wage far above the level of
Central Government employees. In their case also wage revision does take place
once in 5 years.
It
could be seen from the above that the computation of minimum wage by the 7 CPC
is prima facie wrong and computed on untenable premises and incorrect data. The
minimum wage therefore requires re-computation and revision. Once the minimum
wage gets revised, the fitment formula, the multiplication factor applied for
determining the pay levels and the pay matrix itself will have to consequently
revised.
Determination of Pay Level Minimum
It
is seen that the 7th CPC has applied varying multiplication factors
for different pay levels. The 6th CPC has taken the emoluments in
the private sector to hike the salary of officers by applying different
yardstick to compute the pay bands disturbing the vertical relativity while the
7th CPC has further accentuated the gap of differences in wages
between officers and employees. This being unacceptable we urge upon adoption
of uniform multiplication factor for determining pay levels.
2. Revise
the pay matrix basing upon the revised minimum wage and rounding off the stages
to the next hundred. Accept the suggestion made by the Staff Side in its
memorandum to 7 CPC for de-layering viz. to abolish the pay levels pertaining
to GP 1900, 2400 and 4600.
In our memorandum to 7th
CPC the staff side had requested for de-layering by abolition of Grade Pay of
Rs 1900, 2400 & 4600. The pay levels pertaining to GP 1900, 2400 and 4600
may be abolished and merged with the next higher levels.
3.
Revise the rate of increment to 5 %
and Grant two increments in the feeder cadre levels as promotion benefit.
The rate of increment
has been pegged down to 3% by the 7th CPC. At this rate an employee
will not be able to double his pay even after 30 years. The demand of the staff
side to increase the rate of increment to 5% to be accepted.
Promotion
from one cadre to another is a rare phenomenon in government services
especially in lower grades. If one to be awarded only an increment amounting to
3% of pay, it might not become a sought after affair and will in fact act as a
de-motivating factor. This apart, in most of the Govt. Departments, promotion
is followed by posting to a different location.
Those who are posted to unclassified cities or from Metro cities to towns
will financially suffer due to such mandatory transfer on promotion. This is
because of the fact that the rate HRA, Transport Allowance etc vary from one
station to another. The financial benefit on promotion must be, therefore, at
least two increments i.e. 10% of the pay.
4.
Fill up all vacant posts by holding
special recruitment drive
5. MACP
to be treated as financial up-gradation, without any grading stipulation; to be
provided on the basis of the promotional cadre
hierarchy of the concerned department; increase the number of MACP to
five on completion of 8, 15,21,26 and 30th years of service. Reject
the Efficiency Bar stipulation made by 7th CPC. Personnel promoted on the basis of
Examination should be treated as fresh entrants to the cadre.
6.
Upgrade the LDCs in all departments as
UDCs for it is stated by the Commission that the Government has stopped
recruiting personnel to this cadre.
The
cadre of LDC, after the introduction of MTS has presently overlapping
functions. Most of the specific functions have also become obsolete on
introduction of computerized diarizing and maintenance register. There is no
specific need for this cadre in any of the offices. While future recruitment
can be stopped, which the government has conveyed to the Commission, what has
to be done to the existing cadre is not mentioned. It is therefore necessary
that the existing incumbents be promoted as UDCs by upgrading all posts of LDC
as UDCs.
7.
a) Parity to be ensured for all
Stenographers, Assistants, Ministerial Staff in subordinate offices and in all
the organized Accounts cadres with Central Sectt. By upgrading their pay scales
( and not by downgrading the pay scales of the CSS)
b) Drivers in all
Government offices to be granted pay scale on par with the drivers of the Lok
Sabha
The question of Parity,
as has been rightly mentioned by 7th CPC, is a settled matter. It is
the Department of Personnel which the cadre controlling Department for CSS
cadre that unsettles the parity every time. The recommendation to downgrade the
CSS is however not acceptable. What is required is to grant higher pay levels
at par with CSS ministerial and stenographer cadres and other similarly placed
cadres in the field/subordinate offices and IA&AD & Organized Accounts
cadres.
8. To
remove existing anomaly, the annual increment date may be 1st
January for those recruited prior to 30th June and 1st
July in respect of those recruited prior to 31st December.
9.
Wage of Central Government Employees
be revised in every 5 years
10. Treat
the GDS as Civil Servant and grant them all pay, allowances and benefits
granted to regular employees on Pro -rata basis
11. Contract/casual
and daily rated workers to be regularized against the huge vacancies existing in various Government offices.
12. Introduce
PLB in all departments. All existing bilateral agreement on PLB must continue
to be in operation
13 Revise
the pension and other retirement benefits as under:-
(a) Parity
between the past and present pensioners to be brought about on the basis of the
7th CPC recommendations with the modification that basis of
computation to be the pay level of the
post / grade/ scale of pay from which
one retired; whichever is beneficial.
(b) Pension
to be 60% of the last pay drawn in the case of all eligible persons who have
completed the requisite number of years of service.
(c) The
family pension to be 50% of the last pay drawn.
(d) Enhance
the pension and family pension by 5%
after every five years and 10% on attaining the age of 85 and 20% on attaining
the age of 90.
(e) Commuted
value of pension to be restored after 10 years or attaining the age of 70,
whichever is earlier. Gratuity calculation to be on the basis of 25 days in the
month as against 30 days as per the Gratuity Act.
(f) Fixed
medical allowance for those pensioners not covered by CGHS and REHS to be
increased to Rs. 2000 p.m.
(g) Provide
one increment on the last day in service if the concerned employee has
completed six months or more from the date of grant of last increment.
14 Exclude
the Central Government employees from the ambit of the National Pension Scheme
(NPS) and extend the defined benefit pension scheme to all those recruited
after 1.1.2004
15 In
the absence of any recommendation made by 7 CPC, the Government must withdraw
the stipulated ceiling on compassionate appointments
16 Revise
the following allowances/advances as under in place of the recommendations made
by the 7th CPC :
The
7th CPC has recommended to abolish large number of allowances and
interest free advances without going into the exact relevance in certain
departments where the allowances are provided for. The allowances which are
stated to be subsumed and which are clubbed with other s also require
consideration. If these allowances are withdrawn, it might affect adversely the
very functioning of the Department itself in certain emergent situation. Of the
allowances mentioned in the report for abolition, we have mentioned hereunder
those pertaining to civilian employees which require to be retained.
In respect of advances the Commission
appears to have taken a shylock view of the matter. Most of the under mentioned
advances are required to meet out contingencies which the employees cannot
manage to organize. These advances are, therefore, to be retained.
(i) Allowances
(a) Retain
the rate of house rent allowance in place of the recommendation of the
Commission to reduce it.
(b) Restructure
the transport allowance into two slabs at Rs. 7500 and 3750 with DA
thereof removing all the stipulated
conditions.
(c). Fixed conveyance allowance: This allowance
had no DA component at any stage.. This
allowance must be enhanced to 2.25 times with 25% DA thereon as and when the DA crosses 50%
(d) Restore the island
Special duty allowance and the Tripura Special compensatory remote locality
allowance.
(e) The special duty allowance in NE Region
should be uniform for all at 30%
(f) Overtime allowance
whenever sanction must be based upon the actual basic pay of the entitled
employee
(g) Cash handling
/Treasury allowance. The assumption that every transaction in Government
Departments are through the bank is not correct. There are officials entrusted to collect cash
and therefore the cash handling allowance to be retained.
(h)Qualification Pay to
be retained.
(i) Small family norms
allowances;
(j) Savings Bank
allowance
(k) Outstation allowance
(l) P.O. & RMS.
Accountants special allowance.
)m) Risk allowance
(n) Break-down
allowance.
(o) Night patrolling
allowance.
(p) Special Compensatory
hill area allowance.
(q) Special allowance
for Navodaya Vidyalaya Staff.
(r) Dress Allowance
ceiling to be raised to Rs. 32,400/- p a
(s) Nursing Allowance to
be raised to 2.25 times of Rs 4800/-
(t) All fixed allowances
must be raised to 2.25 times as per the principle enunciated by the Commission
(u) The erroneous
statement in Para 9.2.5 to be corrected. Vide OM No. 13018/1/2009-Estt (L)
dated 22.07.2009, DOP, P&W, the leave period for Child adoption has been
increased to 180 days
(v).Restore the allowances abolished
for the reason that it is either not reported or mentioned in the Report by the
Commission
17
Advances.
Restore the following
advances and revise the same to 3 times.
(a). Natural calamity advance;
(b). Festival Advance
©. LTC and TA advances
(d). Medical advance
(e). Education advance.
(f) Vehicle
advances including cycle advance
18 The stipulation made by the 7th
CPC to grant only 80% of salary for the second year of CCL be rejected and the existing provisions may be
retained
19
50% of the CGEIS premium to be paid by the Government in respect of
Group B and C employees.
20 Health
insurance to be introduced in addition to CGHS/REHS and CCS(MA) benefits and
the premium to be paid by the Government and the employee equally.
21 Reject
the recommendations concerning PRIS
22 Full
pay and allowances to be provided for the entire period of WRII .
23 The
conditions stipulated in clause (4) & (5) under Para 9.2.37 be removed
24 Reject
the recommendation made by the 7th CPC in Para 8.16.9 to 8.16.14
concerning dress allowance to PBOR as otherwise the five Ordnance Equipment
factories under OFB will have to be
closed down
25 Set
up a Group of Ministers’ Committee to consider the anomalies including the
disturbance of the existing horizontal and vertical relativities at the
National level and Departmental/Ministry level with provision for referring the
disputed issues to the Board of Arbitration under the JCM scheme
26 To
increase the promotional avenue for Technical and other Supervisory staff.
