Thursday, 25 July 2013

Trade Union facilities – Immunity from transfer and Grant of Special Casual Leave

DG Post No. 137-41/2003-SPB-II dated 8-7-2004

Sub: Trade Union facilities – Immunity from transfer and Grant of Special Casual Leave

In the first ordinary meeting of the Departmental Council (JCM), Department of  Posts held on 18-11-2003, the Secretary, Staff Side, Departmental Council (JCM) had taken up two items relating to Trade Union Facilities viz, Immunity from transfer and Grant of Special Casual Leave as item Nos. 6(a) and 6(b) respectively.

2.         With regard to item 6(a) in the Departmental Council Meeting, the Official Side stated that this would be examined. According to the existing instructions, concession of immunity from transfer from the headquarters of recognized Service Association is applicable to their office bearers during 1st year of their elections to the office of Chief Executive or General Secretary, Assistant Secretary and Financial Secretary or Treasurer of Group C and Group D Association whether they are All India, Circle or Divisional units, if the constitution and bye laws of the Central Service Association permit opening of such branches. If there are several office bearers with same designation, the concession applies during the first year of the office to only one of each category i.e. Chief Executive or General Secretary, Assistant Secretary and Financial Secretary (or Treasurer) as may be nominated by the Service Associations. In view of the change in periodicity of the election, it has now been decided that with mutual good will between the Service Association and the local office and subject to administrative e requirement, the office bearers elected to the above said offices of the Service Association may stay at the headquarters station for two years.

3.         In so far as the item No. 6(b) relating to grant of special casual leave is concerned, the instructions issued in letter No. 54-13/71-SPB-II dated 31-1-74 are relevant. As indicated therein, as for as possible the Divisional Executive Committee meetings of the Service Association will be held on holidays or outside office hours. The number of Members attending to the Committee meetings is to be in accordance with the Constitution. These instructions further envisage where there is reason to believe that more members are asking for special casual leave than is justified, the Constitution and the records of the Service Associations may be checked up to find out whether facilities have been asked for more Members than is admissible under the rules. In the DC meeting held on 18-11-03, the Staff Side stated that the provisions in these orders are being misinterpreted to the extent tht in certain Circles, the Unions are being asked to hold meetings only on holidays or outside office hours. The Staff Side also stated that the number of officials to be granted special casual leave is also being decided arbitrarily. It was explained by the Official Side that the existence of the Department depended upon better customer service and in pursuance thereof the Staff Side must extend its cooperation and try to hold meeting on holidays or outside office hours. In view of this position, it is reiterated that while considering the question for grant of special casual leave to the office bearers of the Service Associations, the spirit of the instructions contained in the letter dated 31-1-74 is to be kept in mind.

Sd/-
(R Srinivasan)
Assistant Director General (SPN)

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