CONGRATULATIONS TO ALL BMS/BPEF MEMBERS FOR ACTIVE PARTICIPATION IN THE GENERAL STRIKE
THE FEDERATION EXTENDS ITS HEARTIEST CONGRATULATION TO ALL MEMBERS FOR PARTICIPATING VERY ACTIVELY IN STRIKE AND MAKING LANDMARK IN THE HISTORY OF STRUGGLE.
KERALA MAHARASTRA UTTAR PRADESH ANDHRA PRADESH BIHAR DELHI ORISSA ASSAM WEST BENGAL MADYA PRADESH GUJRAT CIRCLES HAVE 100% STRIKE WHEREAS HARYANA TAMILNADU KARNATAKA JHARKHAND CHHATISHGARH PUNJAB RAJASTHAN HAVE SHOWN LESS THAN 50% STRIKE.
REPORTS HAVE REACHED TO US THAT OUR MEMBERS TOOK THE FLAG OF STRUGGLE ON THE SECOND DAY AS WELL WERE OTHER UNION FAILED .
WE ARE SURE THAT THE DEPARTMENT WILL TAKE NOTE OF OUR PRESENCE IN DEPARTMENT.
WE ARE SURE THAT THE DEPARTMENT WILL TAKE NOTE OF OUR PRESENCE IN DEPARTMENT.
SANTOSH SINGH S.K.MISHRA
Organising Secretary,BPEF Secretary General, BPEF.
GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL & TRAINING
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
NORTH BLOCK, NEW DELHI-110001
D.O. No. 33012/1(s)/2013-Estt-B
Dated the 15th February, 2013
Dear Sir/Madam,
The Joint Platform of Action of Government and Associate Services
Employee’s Organizations — All India Committee has given a notice that
the affiliated organizations of JPA and the mass of employees working in
Government services throughout the country will boycott work and resort
to various forms of protest action on two days Nationwide General
strike on 20th & 21st February, 2013 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 be entrusted 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.
With kind regards,
Yours sincerely,
sd/-
(Manoj Joshi)
Joint Secretary (AT and Admn.)
File No.33012/1(S)/2008-Estt(B) (Pt)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Dated the 2nd September, 2008
OFFICE MEMORANDUM
Subject :- Participation in any form of strike/mass casual leave /
boycott of work etc., by Government servants - CCS(Conduct)Rules -
regarding.
The undersigned is directed to say that 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 In any way abet any form of strike which will be in
violation of Rule 7 of the CCS(Conduct) Rules, 1964. The Supreme Court
has also agreed in several 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 inaccordance with law. Any employee going
on strike in any form would face the consequences which, besides
deduction of wages, may also include appropriate disciplinary action.
2. A Joint Consultative Machinery (JCM) 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 cooperation 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.
3. Therefore, apart from the fact that any form of strike/mass
casual Leave / boycott of work would be in violation of the CCS(Conduct)
Rule, going on any form of strike will also not be in the Interest of
the employees. Accordingly,the undersigned is directed to convey that if
any employee or an association / group
of employees, under any nomenclature, indulge in any form of
strike/boycott of work in pursuance of any alleged demands, or send any
letter conveying of their intention to organize any such event, in terms
of the provisions mentioned in para-I above, the salary of such
employees for the day/days in question shall not be paid and the details
of such employees shall have to be intimated by the concerned office
where such an event took place to the Administrative Ministry/Department
concerned, within 15 days of such incident for a decision on how to
treat the unauthorized absence occasioned by such an action by the
employees. This will be without prejudice to any disciplinary action
that may be intimated against such employees. All Ministries/Departments
are requested to bring the contents of this O.M. to the notice of all
concerned offices under them.
sd/-
(Suneel K.Arora)
Secretary to the Government of India
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