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National Council Staff Side writes Cabinet Secretary for conducting JCM – Charter of Demands decided in National Convention of all Central Government Employees Federations conducted on 11th December 2014
Shiva Gopal Mishra
SecretaryNational Council (Staff Side)Joint Consultative Machineryfor Central Government Employee
No.NC/JCM/2014Dated: December 16, 2014
The Cabinet Secretary,
(Government of India),
Sub: Functioning of Joint Consultative MachinerySince assuming charge of Secretary(Staff Side), National Council(JCM), I have repeatedly demanded to convene a meeting of the National Council(JCM). It is, however, regretful to point out that, despite all out efforts made by me and requesting you in person to hold the meeting, no meeting of the NC/JCM has been convened till date.
It may be appreciated the Joint Consultative Machinery(JCM) at the National level, conceived as an effective Negotiating Forum, has virtually become defunct as no meeting of this forum has been held during the last four years, with the result that, a number of major grievances of the Central Government employees continue to remain unresolved, because of which they are badly agitated.
The procrastinated discussions in the National Anomaly Committee did not proceed to settle any tangible anomaly item. Even after reaching agreement, the government has refused to issue orders on some issues. This apart, the demands raised by the Staff Side for grant of Interim Relief and Merger of DA with Pay have been refused by the government. One of the vital segments of the Central Government Employees, i.e. Grameen Dak Sewaks of the Postal Department, are kept outside the ambit of the 7th CPC. Unilateral decisions were taken to induct FDI in the Railways, Privatize the Railway and Defence Production Units; closure of the Printing Presses, Publication and Stationery Departments; contractorise the medical store functions; corporatize the Postal Organization and outsource various governmental functions.
Under these circumstances, all the constituents of the National Council(JCM)(Staff Side) had to hold a “National Convention” on 11th December, 2014 in New Delhi, wherein after detailed deliberations and taking stock of the situation, a detailed programme of struggle has been chalked-out. In case there is no positive response from the Official Side, it will ultimately lead to indefinite strike.
A copy of the Declaration of the above-mentioned Convention is enclosed herewith, which is self-explanatory.
We do fervently hope that negotiation is possible even at this late stage and would therefore urge upon you to take concrete steps in that direction. We also hope that you will be able to appreciate that any decision of the government which affects the job security of the employees adversely need to be discussed and agreement reached at the JCM Forum.
I would, therefore, request you to personally intervene in the matter, being the Chairman of the National Council(JCM), so as to avoid serious unrest and disturbance to industrial peace in the Central Government Services and hold discussions with the Staff Side, NC/JCM on these vital issues at your earliest.
(Shiva Gopal Mishra)
Encl: As above
NATIONAL CONVENTION OF CENTRAL GOVERNMENT
EMPLOYEES’ ORGANISATIONS PARTICIAPTING IN JCM
11TH DECEMBER 2014
NEW DELHIThe National Convention of Central Government Employees organizations participating in the JCM, being held at New Delhi on 11th December, 2014, adopted the following declaration after detailed deliberations and discussions.D E C L A R A T I O N2. The Central Government employees have a glorious past of struggles and sacrifices. The first indefinite strike action in the independent India by employees and workers of Central Civil Service was in the 1960s. The July 1960 strike was due to the denial of the legitimate demand of the Central Government employees for the grant of Minimum wage as per the norms laid down by the 15th ILC. Brutal repression, unheard in the history of workers struggles, was unleashed by the then Government of India to suppress the movement. It was in the wake of that unprecedented strike action, the Government recognised the need to have a negotiating machinery to look into the grievances of the Central Government employees and set up the JCM.3. After the 1968 one day strike and the 1974 tumultuous indefinite strike by the Railwaymen and others, the organisations participating in the JCM strived their best to create a conducive and peaceful atmosphere to settle the demands and grievances through discussions at the JCM. The continuous dialogue in the forum of JCM helped immensely in avoiding confrontation, struggles and strike actions as the discussions brought about settlement on issues, thanks no doubt to the positive role and attitude of the Government in power then.4. Unlike the provincial Civil Service, 85% of the Central Government employees are industrial or operational workers, covered by the Industrial disputes Act. Peace and tranquillity in workplaces provided for increased production, productivity and efficiency. The Railways, the defence production units, the postal services and other industrial establishments and employees of administrative offices played a vital role in bringing about the significant turnaround in the employer-employees relationship.5. However, the scenario underwent a vast change in the latter part of 1990s. Government promulgated the new Recognition Rules making it necessary for the Unions to seek fresh recognition. After the initial hiccups, the employees’ organisations abided by the Government directive and carried out all stipulations and conditions required for the grant of recognition. Despite that, the recognition has eluded some organisations while in the case of many others Government took years to grant recognition. During this period, the JCM was virtually closed down at the Departmental levels. The National Council which as per its own constitution is to meet thrice in a year seldom met in the last four years. Even when the Standing Committee or the Anomaly Committee met, it was an exercise in procrastination. The Government unilaterally took various decisions viz. closure of departments, outsourcing, banning recruitment and creation of posts, untenable restriction on compassionate appointments; referring the decisions of the Board of Arbitration to the Parliament for rejection; introduction of large scale contractorisation and above all withdrawal of the age old defined benefit pension scheme and introduction of a defined contributory annuity scheme etc. In the process of this hegemonic approach of the Government, the common employees lost confidence in fair play and the efficacy of JCM as a forum to settle their demands. Consequently, litigation is being resorted to by the common employees with high degree of success. Despite four rounds of discussion in the National Anomaly Committee, which was set up after the 6th CPC recommendations were implemented, no settlement could be brought about on any issue. They found the situation elsewhere not different and aligned themselves with the common trade union movement of the country in fighting against the new economic policies.6. The workers in general and the Central Government employees in particular were and continue to be the victims of severe economic offensive of the successive Governments that came to power in the country since the new economic policies were ushered in 1991. Systematic downsizing and outsourcing of Governmental functions; closure of Government departments;; privatization of public enterprises, amending labour laws to facilitate exploitation; lowering interest rate, unbridled inflation, allowing the foreign and domestic monopoly capital to loot and plunder the indigenous resources had been some of the visible characteristics and impacts of the reforms undertaken.7. The liberalisation and globalisation policies of the successive Governments, which came to power since 1991 and which received the backing and support of the dominant opposition parties and elite in the society accentuated unemployment, dismantled the Public Sector Undertakings, allowed unhindered entry of foreign capital, destroyed the livelihood of the farmers and agricultural labourers; raised the prices of all essential food items beyond the purchasing capacity of the common people; granted huge tax concessions to corporate houses;; siphoned off the poor man’s earnings into the hands of a few rich; These measures ultimately drove the majority of Indians to be below the poverty levels. Indian youths were driven to be beggars at the doorsteps of transnational corporations of the developed Nations.8. At the General elections for the 16th Lok Sabha, the Indian Common men handed the Indian National Congress, who led the UPA II regime the worst ever defeat in its history. Those who came to power over the defeat of the century old party, i.e. the NDA led by the Bharatiya Janata Party have no different approach on policies or governance.
Charter of demands
PROGRAMME OF ACTION
Explanatory Note on Charter of Demands
Item No. 1
1. Effect wage revision of Central Government employees from 1.12014 accepting the memorandum of the staff side JCM; ensure 5-year wage revision in future; grant interim relief and merger of 100% of DA. Ensure submission of the 7th CPC report with the stipulated time frame of 18 months; include Grameen Dak Sewaks within the ambit of the 7th CPC. Settle all anomalies of the 6th CPC.
Date of effect
Inclusion of Grameen Dak Sewaks within the purview of the 7th CPC.
Settle all anomaly items pending at the National Council JCM
No privatisation, PPP or FDI in Railways and Defence Establishments and no corporatisation of postal services;
Item No. 3.
No Ban on recruitment/creation of post.
Scrap PFRDA Act and re-introduce the defined benefit statutory pension scheme.
Item No. 5.
No outsourcing; contractorisation, privatisation of governmental functions; withdraw the proposed move to close down the Printing Presses; the publication, form store and stationery departments and Medical Stores Depots; regularise the existing daily rated/casual and contract workers and absorption of trained apprentices;
Item No. 6.
Revive the JCM functioning at all levels as an effective negotiating forum for settlement of the demands of the CGEs.
Item No. 7
Remove the arbitrary ceiling on compassionate appointments.
Item No. 8.
No labour reforms which are inimical to the interest of the workers.
Item No. 9.
Remove the Bonus ceiling;
Item No. 10
Ensure five promotions in the service career.