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Indefinite Strike from
11.7.2016 – Charter of Demands – Press Statement
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 i
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