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Notice for strike by the Confederation of Central Government Employees and Workers on 12th and 13th February, 2014

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 Notice for strike by the Confederation of Central Government Employees and Workers on 12th and 13th February, 2014

TIME BOUND

No. 33011/1(S)/2014-Estt-B-(I)
Government of India
Ministry of Personnel, Public & Grievances and Pensions
Department of Personnel & Training

Dated the 10th February, 2014.

OFFICE MEMORANDUM

Subject : Notice for strike by the Confederation of Central Government Employees and Workers on 12th and 13th February, 2014.

The undersigned is directed to intimate that the Confederation of Central Government Employees and Workers have given notice that the members of the affiliates of these Confederation will go on strike on 12th and 13th February, 2014 in pursuance of their Charter of Demands.

2. The instructions issued by the Department of Personnel & Training prohibit the Government servants from participating in any form of strike including mass casual leave, go-slow etc, or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17 (1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. In this connection, your kind attention is also drawn to this Department’s OM No. 33012/1(s)/2008-Estt (B) (pt) dated 12th September, 2008 (copy enclosed).

3. A Joint Consultative Machinery for Central Government employees is already functioning. This scheme has been introduced with the object of promoting harmonious relations and of securing 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 the public service. The JCM at the different levels have been discussing issues brought before it for consideration and either reaching amicable settlement or referring the matter to the Board of Arbitration in relation to pay and allowances, weekly hours of work and leave, whenever no amicable settlement could be reached in relation to these items.

4. The Central Government Employees under your Ministry/Departments may, therefore, be suitably informed of the aforesaid instructions under the Conduct Rules issued by this Department and other regulations upheld by the Hon’ble Supreme Court and dissuaded from resorting to strike in any form. You may also issue instructions not to sanction Casual Leave or other kind of leave to employees if applied for, during the period of the proposed strike and ensure that the willing employees are allowed hindrance free entry into the office premises. For this purpose, Joint secretary (Admn) may been trusted with the task of coordinating with security personnel. Suitable contingency plan may also be worked out to carry out the various functions of the Ministry/Department.

5. In case the employees go on strike, a report indicating the number of employees who took part in the proposed strike may be conveyed to this Department on the evening of the day.

sd/-
(Sanjiv Shankar)
Director (E-II)

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/33011_1s_2014-Estt.B-I-10022014.pdf]

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Comments

  1. OUR FATHER/FATHER OF THE NATION TAUGHT US TO STRIKE/STOP WORKING. WHERE WAS THAT LAW NOT TO STRIKE/STOP WORK? THAT LAWS WERE REMOVED WHEN WE GOT FREEDOM. WHY THAT LAW IS KEPT IN SUPREME COURT WHEN IT IS NOT OF THE PEOPLE , BY THE PEOPLE AND FOR THE PEOPLE OF INDIA? HONOURABLE SUPREME COURT IS EXPECTED TO ORDER TO MAKE LAW FOR THE PEOPLE OF THE COUNTRY.

  2. IF PARENTS LOVE THEIR CHILDREN, TAKE CARE OF THEM, CONSIDER THEIR NEEDS, AFFECTIONATE AND FULFILL THEIR NATURAL AND GENUINE DESIRES, GIVE FREEDOM TO LIVE LIKE PARENTS LIVE, THEN THERE WILL BE NO CRIES, NO SHOUTING, NO FIGHTING/QUARREL. OUR GOVT IS OUR PARENT. IF IT IS OUR GOVT WHY THERE IS CRIES? WHY THE PEOPLE OF THE ‘GOOD’ GOVT CRIES?

  3. Honourable Supreme Court or any lower courts function in any nation make decisions and give its verdict or judgement after studying the violation/disobedience by an individual/group of people keeping the lAWs, Rules and procedures formed by the Govt in the past. Governments in all democratic countries are OF the people, BY the people and FOR the people,but the LAWs, Rules and, or Procedures made in the past by the RULERS only and not in association of the representatives of any Labour Union or Conferderations. Govt is the employer and the Govt made ITs laws to protect, and stop, and secure all Govt works/functions and properties/information without considering its responsibilities and ignoring the right of the employees to STOP or protest against denial of previleges and rights and freedom of the employees to live in the country as prevalent in democratic countries. The days to capitulate the employees of the nation as slaves for had they been bound for by employment are passed away. The illiterate people been employed as slaves has been replaced by educated, wise, brilliant and qualified employees. The slavery is washed away. The Govt is required and expected to make laws with coordination of the mass working class and representatives of UNIONs and Confederations that have concern on the care and welfare of the employees. They must have the right to protest by strike stop work when the employer /Govt deny or fail to accept the natural justice/demands IN TIME. Why the Govt give opportunities to the employees to do so if the Govt is OF the people, BY the people and FOR the people? Do not repeat / bring the “KING’S ERA’ back to a democratic country. We do not want to be slaves any more.

    Gandhi brought strike into the nation. If he introduced STRIKE to establish freedom to the nation the Govt employees must have the freedom to fight for their rights to live a free democratic life. Recognize the needs and demands of the employees, we will not strike; our demands are genuine and we proceed with strike because of the delay and non-acceptance by the employer/Govt. We are ONE people, We are with our family. The entire population of employees and pensioners and families forms ONE group. IF WE ARE ON STRIKE THE SECURITY, THE POLICE, AND MILITARY ALL JOIN TOGETHER AND WE ARE ONE STRENGTH. ONE UNION, ONE PEOPLE. WE WILL WIN. WE WILL REPLACE THE PRESENT GOVT.