Direction of the DoT not to pay the IDA increase to the non-executives of BSNL for the period from 01-10-2020 up to 30-06-2021: Request for reconsideration
BSNL EMPLOYEES UNION
Central Head Quarters
Shri K. Rajaraman,
Government of India,
Sub: – Direction of the DoT not to pay the IDA increase to the non-executives of BSNL- requesting you to kindly reconsider the decision-reg.
We would like to draw your kind attention to the plight of the Non-Executives of BSNL, in whose case, freezing of IDA has been imposed unlawfully and subsequently, payment of IDA arrears is being denied, despite a clear-cut order issued by the Hon’ble Kerala High Court.
The DPE, vide it’s letter dated 19-11-2020, froze the IDA of the Executives and the Non-Unionised Supervisors of the Public Sector Undertakings, for the period from 01-10-2020 up to 30-06-2021. At the same time, the DPE did not freeze the IDA of the Non-Executives of the Public Sector Undertakings. However, despite this clear-cut order of the DPE, the IDA of the Non-Executives of BSNL was frozen by the BSNL Management w.e.f 01-10-2020.
Aggrieved by this action of the BSNL Management, the BSNL Employees Union filed a writ petition in the Hon’ble Kerala High Court (W.P. (C) No. 26423 of 2020(C). In the course of the hearing held in the Hon’ble Kerala High Court, the Assistant Solicitor General of India, representing the government of India, has submitted that, the DPE order of freezing the IDA, communicated vide its OM dated 19-11-2020, was applicable only to the Executives and Non-unionised Supervisors, but not to the Non-Executives of the CPSEs.
After hearing the submission of the Assistant Solicitor General, the Hon’ble Kerala High Court gave an interim order dated 17-02-2021, directing the CMD BSNL to pay the IDA increase to the Non-Executives of BSNL. However, this order of the Hon’ble Kerala High Court was not implemented by the CMD BSNL. Hence, BSNLEU kept on knocking the doors of the BSNL management, demanding immediate implementation of the order of the honourable Kerala High Court. Much belatedly, the BSNL Management, vide it’s letter No. BSNLCO-A/ 11(18)/1/2020-ESTAB dated 27-10-2021, communicated it’s decision of paying the IDA increase to the Non-Executives of BSNL, for the period from 01-10-2020 to 30-06-2021 and that too, subject to the availability of funds.
However, till date, the IDA increase has not been paid to the Non-Executives. This is nothing but total violation of the order of the honourable Kerala High Court.
Further, only recently we came to know that, the DoT, vide its letter No.38-30/2021-Pen (T ) dated 17.02.2021, has directed the BSNL Management not to pay the IDA increase to the Non-Executives and also to reconsider it’s letter dated 27-10-2021, vide which the BSNL Management has informed that, the IDA areas would be paid to the Non-Executives, subject to the availability of funds.
1) In this regard, we would like to earnestly request you to kindly look into our following submissions:-
2) The DPE has not issued any order to freeze the IDA of the Non-Executives, from 01.10.2020 to 30.06.2021.
3) As such, the BSNL management has unlawfully frozen the IDA of the Non-Executives.
4) Thereafter, the Hon’ble Kerala High Court, vide it’s interim order dated 17-02-2021, has directed the CMD BSNL to pay the IDA increase to the Non-Executives. However this order of the Hon’ble Court was not implemented by the CMD BSNL.
5) Under these circumstances, the direction of the DoT, wide its letter vide it’s No.38-30/2021- Pen(T) dated 17-02-2021, 18th January 2022, instructing the CMD BSNL not to pay the IDA increase, is totally unjustified.
In view of the foregoing, we implore upon you sir, to kindly look into this matter and two kindly cause to reverse the direction of the DoT, contained in its letter No.38-30/2021-Pen (T ) dated 17.02.2021, 18th January 2022.
Copy to:- 1) Shri Ashok Kumar Mittal, Member Services, Department of Telecommunications, Sanchar Bhawan 20, Ashoka Road, New Delhi-110001
2) Shri P.K.Purwar, CMD BSNL, Bharat Sanchar Bhawan, Janpath, New Delhi-110001