DG Post No. 10-1/2004-SR Dated 25 Jun 2004
Sub: Compilation of instructions on trade union facilities admissible to unions/associations recognized by the department of Posts under CCS(RSA), Rules, 1993.
I am directed to invite your kind attention to the Department’s letter No. 10-9(A)/98-SR dated the 5th November, 99 vide which a Compilation of instructions relating to union matters was forwarded.
2. Some of the important instructions like treatment of the period of strike and bandh etc. Were not included in the said compilation and it was felt that inclusion of such like information in the compilation would make it more useful and convenient for the users. Besides, in the wake of CS (RSA) Rules, 1993, some developments took place in regard to recognition of Federations and in the matter of switching over of members from one union to another and it was considered essential to bring these instructions also in the compilation. Efforts have been made to correlate the instructions having a bearing on the same subject, which were earlier scattered.
3. It is hoped that this compilation would serve as a useful hand-book for dealing with Unions matters at different levels. Any error / omission noted in the compilation may please be brought to the notice of the undersigned for taking remedial course of action.
COMPILATION OFF INSTRUCTIONS ON MATTERS CONCERNING SERVICE SSOCIATIONS, DEPRTMENT OFF POSTS
1. Recognition to Service Associations representing Departmental Employees in the Department of posts is granted under the CCS (RSA) Rules, 1993.
2. The verification process for the purpose of recognition is conducted through a check-off system which is carried out in the Department once every two years in terms of Department of personnel & Training (DOP&T) OM No. 2-10/80-JCA dated 31stJanuary, 1994. Consequently recognition granted to all eligible associations is also valid for 2 years, after which re-verification process determines their future status. All Service Associations recognized or otherwise, have to apply afresh for participation after every 2 years, for the purpose of seeking recognition. Each Service Association in the Department has to operate under one of the 15 distinct categories of Departmental Employees enlisted at Annexure – I and as specified by the Department vide letter No. 13-1/93-SR dated 10.8.94, OM No. 13-1/93-SR (Volume II) dated 29.11.95, No. 13-14/96-SR dated 15.10.96, No. 13-22/98-SR dated 19.02.99, No. 13-30/98-SR dated 28.06.99.
Note: As per instructions issued vide DOP&T’s OM No. 2/13/98-JCA dated 11th February, 2002, the periodicity of re-verification process for the purpose of Recognition has been increased from 2 to 5 years. Since the matter of verification process in the Department of Posts is subjudice, the above instructions have not yet been brought into effect.
3. As a general rule, the Service Associations are granted Recognition on All India Basis i.e. All India bodies are recognized. The All India Associations so recognized may form branches at Circle, Divisional and local levels subject to grant off permission by this Department and as provided in their constitutions, which have to be duly approved by the Government. The branches so formed are entitled to get union facilities s per instructions on the subject from time to time. No separate orders extending union facilities are required to be issued from this Department for each newly opened branch at lower level.
4. The union facilities herein mentioned are admissible to the recognized Service Associations only, unless specifically relaxed in favour of the non-recognized Service Associations.
5. The terms and conditions under which the Service Associations re recognized are enumerated at Annexure-II.
6. A uptodate list of the recognized Service Associations is appended at Annexure-III. Another list of Associations, affiliated to Bhartiya Postal Employees Federation, though unrecognized but are being extended limited trade union facilities is at Annexure-IV.
II. CHANNEL OF COMMUNICATION
No. 13-2/68-SR dated 16.3.68
1. While Government Servants are free to join any Association, subject to the conditions laid down in the CS (Conduct) Rules – 1964, the Government does not enter into correspondence with any Association unless it has been granted Recognition by the Government for such purpose. Therefore, as a rule no correspondence should be entered into with any unrecognized Service Associations nor copies of their letters etc. be forwarded to any subordinate union for action.
Note: With the promulgation off CS (RSA), Rules, 1993, the membership is restricted to a particular category to which the employee belongs, as identified by the Department (Annexure I)
No. STB/100-19/52-STA dated 28.10.52
2. The All India Service Associations have their branches at Circle, Divisional and local levels. The Central Association and their branches should correspond directly only with the authorities in charge of the unit they represent i.e. local level Service Associations should correspond directly only with local authority, and Divisional Association with Divisional authority, the Circle-level Service Association with the head of the Circle and the Central unit of the Service Associations with the Secretary (Posts) or the Government through the Secretary (Posts).
No. 31-3/81-SR dated 17.8.81 & No. 10-3/84-SR dated 15.6.84
3. Representations from the Service Associations are limited to the matters concerning the unit they represent i.e. a Divisional Service Associations is to take up the matters concerning the Divisions as a whole, the Circle Service Associations to take up matters concerning the circle as a whole and the Central Associations to pursue matters of all India interest. If a local unit of Service Associations is not satisfied with the decision or reply given by its accredited authority, the next higher level of the Service Associations may take up such matters with its accredited authority and while doing so, the Association should clearly state that the matter was taken up initially with the lower authorities concerned by without any satisfaction. If the Central level of he Association intends to take up the matter concerning a particular circle, it may submit a representation to the Secretary (Posts), but should clearly indicate in the representation the fact that the circle level of the Association had taken up the matter with the head of the Circle, specifying the reference of the same and the reply thereto received from him. NO complaint/correspondence will be entertained by the Administration if these are not addressed to the accredited authority.
No. 16-2/65-SR dated 3.8.66
4. No action is to be taken on direct references from local Service Associations except when specifically ordered by minister / Minister of State / Secretary (P) / Members of the postal Services Board. On behalf of Service Associations their General Secretaries or President should address the Administration. The Assistant General Secretaries or The Deputy General Secretaries whenever specifically authorized by their General Secretaries may also address communication to the Administration but the reference made by them should contain a clear communication that the same are being made under the authority of General Secretary concerned.
No. 31-3/66-SR dated 24.11.66
5. The Administration will address replies to communications from the Service Associations to the General Secretaries and to the Headquarters address of the local Associations concerned with the only exception of DO letters from the President. Replies to such DO letters may be sent to the Presidents but this will also be invariably addressed to the Headquarters address of the Service Associations unless the sender of the reply is of the opinion that there re special reasons or circumstances for sending a reply direct to the address of the presidents.
6. The Service Associations hall not espouse or support the cause of individual Government Servants relating to service matters . When such references are received, the Service Associations may be informed that they are precluded from taking up individual cases with the administration and s such, their references are being filed.
No. 16-6/65-SR dated 31.3.65
7. Creation and abolition of posts is purely an administration matter and it is not a subject which the Service Associations can discuss with the Administration. It is for the Department to decide whether particular post is justified or not and it is not the function of the Associations to determine the justification or otherwise of the post. Views of the Service Associations may, however, be considered when will be entertained with the Service Associations regarding creation of individual posts. The questions of fixation of standards for creation of posts is a difference issue and does not fall in the above category.
No. iR No. 1591-SR/79-SR dated 12.7.79
8. Wherever standards of creation of posts have to be examined, Service Associations can take these up for implementation even if these justify only a solitary post in regard to any particular office. However, no correspondence from Service Associations on the merit of creation/abolition/conversion of individual posts, standards for which have not been determined will be entertained, though their views may be taken into account when the matter is considered in normal course.
No. 31-2/83-SR dated 5.6.84 & No. 31-2/85-SR dated 29.10.86
9. The Service Associations are not authorized to form regional branches for meetings (formal or informal) with regional head. The circle units of the Service Associations representing the Postal Accounts Employees are permitted to form branches (local units in the offices of Director of Accounts (Postal).
III. OFFICE BEARERS
No. 15-4/90-SR dated 5.1.93
1. Government Employees who are in service shall be members and, therefore, office bearers of the Service Associations. The executives of the Service Associations are to be elected from among its members only.
2. Membership of he Service Associations has been restricted to a distinct category of Government Servants having common interest, all such Government Servants being eligible for membership to the Association.
3. prescribed facilities should not be extended to branches of Service Associations at circle or levels blow if any of the office bearers of such Associations are not serving employees belonging to that distinct category which the Service Associations is representing.
4. The number of office bearers at Circle/ Divisional level of each Association should not exceed 15 and it does not include the members of the Executive Committee.
1. membership of he Service Associations is restricted to a distinct category of Government Servants having common service interest, all such Government Servants being eligible for membership of the Service Associations and no person who is not a Government Servant belonging to that distinct category which the Service Associations is representing, is permitted to be connected with the affairs of the Service Associations. The membership of Government Servant shall be automatically discontinued on his ceasing to belong to such a category. For membership of canteen Employees, refer to Annexure V.
No. 32-3/78-SR dated 11.10.79
2. It is for the Government Servant to decide which Association to join and no directive be issued by the Administration in this regard. (to be red in conjunction with the provisions contained in Communication No. 15-4/90-SR dated 5.1.93 referred to above.
No. 32-1/64-SR dated 11.8.64
3. The right of the union to represent casual labour has not been conceded but if any grievances of casual labour covered by the recommendations of he Pay Commission be examined. However, no reply in respect of such grievances would be sent to the representing Associations.
No. 14-6/67-SR dated 5.1.67 & 21.7.67
4. The trainees, who have been recruited directly and re yet to be absorbed in the Department, will not join/form/organize any Service Association. The Departmental trainees may continue their membership of Service associations at places from where they have been deputed for training. Such Departmental trainees as may be office bearers of any branch of unions may continue to function as office bearers of any branch of unions my continue to function as office bearers of their branches but they will not be granted any special casual leave for attending to Association’s affairs. Here is, however, no objection to the grant of normal casual leave for such purpose if applied for. The regular staff of he training centers are at liberty to join Service Associations exactly in the same manner as the staff in the divisions and the circles. The grievances of trainees arising out of heir being trainees at a particular training center can be effectively looked into with the help of the channel of representation and redressed of grievances by way of system of class monitors.
V FOREIGN SERVICE
No. SPB-150/1/50 dated 31.10.50
1. The permanent postal employees my be permitted to accept employment as full time paid office bearers of recognized All India Service Associations and that they should be treated as on deputation on foreign service germ, during the period they serve the Association. The usual contribution towards leave, pension, etc, should be paid promptly and regularly to the Department of Posts by the Service Associations concerned. No Government official should remain a whole time office bearer of a Service Associations on foreign service term for a period exceeding three years t a time.
2. The Head of a Circle is competent as per FRSR to sanction the deputation subject to the conditions regarding fixation of pay as laid down there in. In issuing the sanction the principle outlined in the Government order reproduced in Annexure II of FRSR Vol. II should be followed. Contribution taken on account of cost of leave salary and pension of the official have to be borne by the Service Associations concerned if any. The amount of joining time admissible to the officials and their pay during joining time will have to be fixed in consultation with the foreign employer vide FR 114. Substitutes may be appointed temporarily in the vacancies created by the deputation of officials. The Service Associations should accept the full liability for pay and allowances of the official concerned and also agree to the regular payment of leave, salary and pension contributions s may be fixed and claimed by the audit authority concerned and disability leave and leave salary granted on account of disability incurred and through foreign service even though the disability manifests itself after the termination of foreign service, any compensatory allowance for period of leave in or at the end of the foreign service granted to the office and payment of T.A. journeys on transfer to the unions Headquarters and on reversion thereof to the official’s Headquarters.
No. SPN-86-6/57 dated 2.11.57 & 15.2.58
3. Permanent postal employees may be permitted to accept employment as full time paid office bearers of circle branches of recognized All India Service Associations also.
No. 54-7/69-SPB-II dated 30.12.69 & No. 86-6/75-SPB-II dated 6.8.76
4. The head of Circles and administrative offices would take prior approval of the Secretary (P) in extending the period of transfer on foreign service of non-gazetted employees under their control to the Service associations beyond the period of three years. The period between two spells of deputation of foreign service with Service Associations as office bearers should be at least three years, which can be relaxed only in consultation with Secretary (P).
No. 86-4/75-SPB-II dated 22.11.75
5. Pension contribution to be made by recognized Service Associations in respect of serving Government employees on foreign service with them may be waived. It may be noted, however, that the concession is limited to not more than two serving employees at a time. As regards leave salary contributions, there is no objection to waive it if the Service Associations agrees to bear the eve salary and if the employees concerned agree to forego their claim for a foreign service period.
(VI) MEMBERSHIP SUBSCRIPTION OF ALL ASSOCIATIONS RECOGNIZED OR OTHERWISE
No. 13-14/96-SR (Vol. III) dated 5.1.98
It shall be made on a monthly basis by the DDO.
Postal employees will be given the chance to change their options for membership once every April.
No. 13-10/96-SR dated 14.10.96
On transfer of an employee to another office involving the change off DDO, the DDO in the first office will forward the authorization of he official to the new DDO along with last pay certificate after making suitable entry in the register. The new DDO will on receipt of the authorization enter it in his register and make deductions from the salary of the official.
No. 10-44/95-SR dated 17.6.96
The total amount recovered from members of different Service Associations may be remitted to the central body of the Association for further distribution provided such a provision is available in the constitution of the Association to avoid compilations. Otherwise the total amount recovered shall be remitted to Divisional Secretary of the concerned Service Association who in turn will remit this amount to the circle/. All India, CHQ etc. as per the quota fixed in their respective constitution.
No. 13-1/2002-SR dated 24.03.2003
Some points of doubt were referred to the DOP&T for their clarification. The point of doubt referred to by the Department and clarification received from DOP&T thereon are reproduced below.
Points of Doubt
When an employee gives a revised option for deduction off membership in the month off April, as per the existing instructions the revised option will become applicable only from 1st July of that yr. The doubt is as to what will be the status of the employee during the months from April to June, i.e whether he will continue to be member of the Association to which he was contributing prior to submitting his revised option and whether during these three months he will have to complete the membership fee to that association or whether with the revision of option, he servers all his connections (including contribution of membership fee) with the old association though his relationship with the new association will take effect only from 1st July.
With the revision of option in the month of April by an employee, deduction in favour of the old association would stop immediately.
In case of n employee becoming member of an association for the first time, the restrictions of April and July is not applicable and it can start from any date. Further his membership fee will also be deducted from the month he submits his option. This needs confirmation of the DOP&T
This supposition is not correct. An employee can exercise his option for the first time or revise his option in the month of April only.
As per Rule 5 (d) (ii) of CS(RSA) Rules, 1993, membership of the Government Servant shall be automatically discontinued on his ceasing to belong to such category. As such, on promotion to the higher grade, an employee will cease to belong to the earlier category and consequently he will be ineligible for membership of the union to which be belonged prior to his promotion . His membership subscription or that union will also stop immediately on promotion. This needs confirmation of the DOP&T. Further, in that case, whether deduction of his membership subscription of the union he joins after promotion will start instantly or from 1st July.
The supposition is confirmed. It is also clarified that an employee can give his option for the purpose of deduction of membership fees in favour of a new association in the month off April only.
In case a member is expelled from one union after the month of April and he joins the other union subsequently, whether his membership subscription will continue to be deducted in favour of the union to which he was a member before expulsion till the June of next year or his subscription will stop immediately on expulsion and will start for the union he joins after expulsion.
With the expulsion from a union, the membership subscription of the employees would stop immediately. He/She can exercise option in favour of another association with effect from the month of April.
VII IMMUNITY FROM TRANSFER
No. 69-18/70-SPB-I dated 7.12.70
1. Concession f immunity from transfer from the headquarters of recognized Service Association is applicable o their office bearers during 1st year of their elections to the office of Chief Executive or General Secretary, Asst. Secretary and Financial Secretary or treasurer of Group ‘C’ and Group ‘D’ Associations whether they are all India, Circle or Divisional units, if the constitution and bye-laws of the central Service Associations permit opening of such branches.
No. 71-14/82-SPB-I dated 22.5.82 & No. 7120/83-SPB-I dated 16.9.85
2. 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 for Treasurer) as may be nominated by the Service Associations. The concession ceases to be applicable to the above office bearers on promotion to higher posts as then their membership to the given Service Associations also ceases.
3. With the mutual goodwill between the Service Associations and the local office and subject to the Administrative convenience, the office bearers elected to the above said offices of the Service Associations may stay t the headquarters station even longer than one year.
No. 69-52/72-SPB-I dated 23.3.723 & dated 2.1.74
4. If the office bearers working at other stations are elected to these offices i.e. Chief Executive or General Secretary, Assistant Secretary, Financial Secretary, or treasurer they may be brought on temporary transfer to the headquarters of the Service Associations during 1st year of election and may be retained there even longer than one year but with the goodwill between the Service Association and the local office and subject to the overall exigencies of Administrative convenience. The above concessions will not be available below divisional level. Bringing the Chief Executive of the Service Association to their headquarters should be followed, if an appropriate post is available. Where it is not possible to observe the general principles laid down in the instructions on the concession of immunity on transfer, a report should be sent to the Department indicting the circumstances under which it is not possible to extend the facility even in the first year of the term of office with the Service Associations.
No. 69-45/73-SPB-I dated 8.2.74 & No. 69-7/77-SPB-I dated 20.4.77
5. in RMS, where the divisional, circle or all India secretaries cannot be posted at Headquarters, there is no objection to grant request for posting of divisional circle and All India secretaries in RMS sections to enable them to come to their Headquarters. This too is subject to Administrative convenience. Subject to Administrative exigencies, this concession of immunity from transfer may be granted for second year also to the office bearers of such Associations whose constitution provides conferences/elections in second year.
VIII. SPECIAL CASUAL LEAVE
No. 54-1/71-SPB-II dated 15.3.71
1. Special Casual Leave up to maximum f 20 days in a year may be granted for the following purposes.
a) When the delegates to All India Conferences and members of the executive committees are required to attend such conferences and meetings.
b) When members from outstation are required to attend periodical meetings with Heads of Circles.
c) When members from outstation wait on deputation on the Minster/MOS and Secretary (P).
2. Special Casual Leave may be allowed to members of Service Associations coming from outstations to attend their monthly meeting with Departmental Officers at divisional level on the following conditions:-
i) not more than two members are allowed this concession during a year
ii) Special Casual Leave is allowed only for a day/days of the meeting and the actual time taken in the journey.
iii) Maximum limit of Special Casual Leave allowed does not exceed 12 days in a year.
iv) The concession under this item will not bring an additional benefit to the staff who under para 1 above are allowed the concession of Special Casual leave to the extent of 20 days in a year. If any official is required to meet the divisional head, the Special Casual Leave granted to him for the purpose will be counted against those 20 days Special Casual leave in a year.
v) The total members may be given suitable off for the duration of the meetings.
3. Public holidays and weekly offs to the extent admissible to the category of the officials to which the office bearers of the Service Associations belong falling within the period of Special Casual Leave granted to them or immediately preceding or following should not be counted as part of Special Casual leave.
No. 54-19-SPB dated 31.8.59 & no. 54-13/71-SPB-II dated 31.1.74
4. Special Casual leave is no allowed to be combined with regular leave/E,L. or half pay leave etc. An understanding reached in the departmental council of JCM stipulates that as far as possible the Divisional executive committee meetings of the Service Associations will be held on holidays or outside office hours. As regards number of members attending the committee meetings the same will be in accordance with the constitution. Where there is reason to believe that more members are asking for Special Casual leave then 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 admissible under the rules.
No. 54-1/83-SPB-II dated 6.12.83
5. The office bearers of recognized Service Association may be granted Special Casual leave for attending trade union seminars subject to the condition that maximum limit of Special Casual leave does not exceed 20 days in a year.
6. Notices issued by the General Secretaries of the Service Associations for All India Conferences working committee or executive committee meeting of the Service Associations are not being circulated by the Department. Instead the Circle Secretary concerned should furnish an attested copy of the notice to the heads of circles and other administrative offices requesting them to issue necessary instructions to the concerned authorities for granting Special Casual leave to the eligible officials, subject to the overall limits. The competent authority will then sanction Special Casual leave to eligible officials provisionally on receipt of applications from them. On completion of the conferences/meetings the officials will be required to produce a certificated from the General Secretary to the effect that they had actually attended the conference/meeting for its full duration. Thereafter Special Casual leave granted provisionally will be regularized.
No. 16-38/82-SR (Pt.) dated 28.8.87
7. The other facilities such as deputation of official observer to the conferences, permission to conduct conferences within the departmental premises outside working hours, grant of Special Casual leave to the delegates to the circle conferences, should continue to the extended at the time of the elections of the Service Associations from which facilities had been withdrawn for not conducting the prescribed elections in time. These facilities would not, however, be available to the office bearers of the concerned branch which failed to hold the elections in time.
No.16-19-SR dated 16.10.63
1. There is no objection to the Service Associations meeting the local officers informally but such meetings should not be held regularly or treated as formal meetings.
No. 16-3/63-SR dated 7.12.63 & No. 10-29/58-Unions dated 4.11.58 & 23.2.59
2. Regular formal meetings are not to be held below the Divisional level. The Minister and also he Secretary (P) may, at their discretion, received deputation of circle and branch associations during their tours. These meetings will be treated as informal and minutes will not be drawn up and supplied to the Association. Action will, however, be taken to ensure that any important decision taken or assurance given by the Minster or the Secretary (P) at such meetings is duly pursued and the Association concerned will be informed of the results as soon as practicable.
3. The instructions at 2 above Mutatis Mutandis apply to the meetings of the Heads of Circle during their tours with local branches of the Service Associations. Accordingly, any interview, granted by the heads of Circle during their tours to the Divisional branches will be treated as informal and no minutes shall be drawn up or supplied to the Service Associations.
4. At the above mentioned informal meetings , questions of local significance and not of All India or general importance will be discussed. Matters of All India and general nature will have to be taken up through the All India Service Associations as the case may be. Issues that are peculiar to the various circles will be taken up only by the circle Associations and not by the Divisional Associations.
No. 23-24/59-SR dated 31.12.59, No. 23-99/77-SR dated 29.12.97, No. 33-7/77-SR dated 26.12.77, no. 31-3/79-SR dated 18.7.79, 27.9.84 & 3.12.79
5. When branch Associations seek interview during the course of tour of minister or Secretary (P) they should confine the points for discussion to matters of local significance. Matters of All India and general nature, should be taken up only through the Central Associations.
6. At the All India level, meetings will be held once in four months, at the circle level once in four months (except with Administrative offices/ Associations where it will be held bi-monthly with the heads of Circles), at the Regional level once in two months and at the Divisional level monthly.
No. 31-3/79-SR dated 3.12.79
7. Director (Hqrs.) too shall grant formal bi-monthly meetings to the concerned circle Branch Associations in respect of the Postal/RMS units placed under their control.
No. 16-9/61-SR dated 22.3.63 & No. 13-1/69-SR dated 9.3.72, No. 31-3/79-SR dated 28.12.75, No. 18-11/69-SR dated 9.3.72
8. The duration of the periodical meetings at central level shall not exceed five hours. The duration of periodical meetings at circle level shall not exceed three hours. The duration of periodical meetings at Divisional level shall not exceed two hours.
No. 3-10/69-SR dated 23.2.70, No.16-9/61-SR dated 22.3.63
No. 31-3/79-SR dated 28.12.79
9. The number of items to be submitted by each Service Association at Central and Circle level shall be three. The number of items to be submitted by each Association t Regional level shall be three.
There shall be no limit as to the number of items that may be discussed at the Divisional level at the same time. However, the time limit of 2 hours shall be followed strictly.
31-3/79-SR dated 26.10.83
10. Any office bearer of the Circle branch off Administrative offices Employees Association who is located at the H.Q. Station of the Regional Director of postal Services and authorized by the Circle Secretary may be allowed to informally met the Regional Director bimonthly in addition to formal bimonthly meetings at the level of heads of Circle.
No. 3-18/72-SR dated 14.8.72
11. items for discussion in the agenda of the periodical meetings (at central level) should be submitted by the Association within two months of the date of the last meeting. The explanatory note should be sent in quadruplicate.
No. 3-17/72-SR dated 11.8.72
12. Associations should send items for discussion in the next bimonthly meetings within period of one month from the date of the last meeting. The explanatory notes of items should be sent in sufficient detail. The explanatory note should be furnished in quadruplicate.
No. 16-9/61-SR dated 22.3.63 & No. 341-3/79-SR dated 28.12.79 & No. 31-1/74-SR dated 23.7.75
13. The number of representatives who will attend the meeting at the central level is restricted to one per Association. The number of representatives at Circle level is restricted to two per Association. The number of representatives at Regional level is restricted to two per Association. The number of representatives at the Divisional level is restricted to three per Association.
No. 31-2/85-SR dated 29.10.86
14. in an exceptional case if there is no office bearer on the Circle Association at the headquarter of the RDPS or the office bearer located at the Regional headquarters is unable to should the responsibility of maintaining correspondence and holding meetings with the RSPS, it shall be open to the Circle Secretary to authorize a Circle office bearer, who is not locate at the headquarter of the RDPS, but is serving within the jurisdiction of the RDPS, to correspond and hold meetings with the RDPS concerned.
No. 31-2/83-SR dated 5.6.84
15. Formation of Regional branches by any Association has not been given cognizance by the Department nor any amendment to their constitution providing for formation of branches at Regional level has been accepted by the Department. Therefore, the question of grant of any meeting or any other facilities to such office bearers for the Regional branches as they call them, does not arise. If any such office bearer also happens to be a circle Association office bearer and happens to be eligible for grant of bimonthly meetings and exchange of correspondence with the Regional Directors as per letter no. 31-3-79-SR dated 16.3.1981 and no. 21-1/75-Sr dated 3.7.1981, he will naturally be entitled for the meetings and exchange of correspondence as a Circle Association office bearer.
No. 81-2/81-SR dated 5.6.81 & No. 33-4/67-SR dated 4.7.67 & No. 16-3/63-SR dated 6.7.63
16. Subordinate officers may also attend or participate in the interviews granted by a higher officer by way of assistance to the senior officer.
17. There is no objection to a non-office bearers being included within the permissible number of representatives of the Unions at periodical meetings provided the former is a Member of the Association and an employee of the Department.
No. 33-2/68-SR dated 7.5.68
18. The facility of holding periodical meetings at various levels has been afforded for resolving through discussions the grievances, problems etc., connected with the service interest of the member of the Associations and for offering suggestions for effecting improvement in the efficiency of service. Such meeting should not be used forum for discussion of he acts of omission or commission of an individual officer. Critical discussion against any individual whether he is non-gazetted employee or gazetted employee is not permitted in formal meetings. If the Associations have any complaint against any individual, it can be brought to the notice of the administrative authorities through correspondence or through informal discussions with the appropriate officers for necessary action.
No. 13-11/69-SR dated 9.9.70
19. Separate interview may be granted to the Unions affiliated to National Federation of Postal Employees and Federation of national Postal Organizations. The Head of the Circle should not only preside over Association meetings at circle level, but also participate fully in discussions.
No. 33-10/71-SR dated 23.7.71
20. Items from administrative side may also be included in the agenda for discussion in formal meetings with Associations at all levels.
No. 33-2/12-SR dated 18.7.73
21. The Circle branches of the Association of Gazetted officers may also seek interviews with the head of the Circle and in cases of formal meetings, the minutes of the meetings may also be issued.
No. 33-4/73-SR dated 15.1.74
22. The Associations any meet officers/other than Chairman, postal Services board and Minister. Such interviews unless otherwise ordered by the Chairman are to be treated as purely informal and no formal minutes therefore should be drawn up and circulated. For official purposes and for follow up action, a note of the discussions is kept and a copy of the note sent to SR Section. No officer below the rank off DDG should grant any interview, if specifically authorized by the Chairman, any such officer may meet the representatives of the Associations in his behalf and such meetings will be treated as formal meetings and minutes will be drawn up and circulated.
No. 38-2/75-SRT dated 3.5.75
23. The minutes of the Services Associations meetings at circle level will not be circulated to all Divisions but only the relevant extracts will be furnished to the Divisions concerned.
No. 3-13/71-SR (Pt.) dated 11.8.81
24. The matter discussed during a periodical meeting will not be placed on the agenda of such meetings during the following 12 months unless for any special reason, the Chairman direct otherwise.
No. 3-3/81-SR(pt.) dated 11.8.81
25. The General Secretaries of the recognize Associations seeking a special interview with Chairman postal Services Board for discussion on any urgent special problems should seek an interview with the concerned Member of postal Services Board. The interview would be granted by the members of Postal Services board if an appointment for the same is got fixed up in advance.
No. 33-2/78-SR(Pt.) dated 30.10.78
26. Whenever, the Federations/Associations etc hold meetings with senior officers (Member/DDG) concerned on issues arising out of the discussions in their meetings with the Chairman, Postal Services board, the formal minutes of such meetings should be duly drawn up by the concerned officers and issued to all concerned.
No. 16-2/61-SR dated 31.8.61
1. The Association may, on obtaining prior permission of the local head of office and after knowing the agenda of the meeting, hold meeting in office premises. The grant of permission will in all cases be subject to the conditions that the security of the office premises is not interfered with, that the sanctity of the office premises is maintained and that there is no disturbance to office work. The recreation rooms, canteen open compounds etc., attached to the departmental buildings are included in the terms in the office premises. The office premises re not to be used as a platform for any political party meetings. Requests for holding meeting from two or more recognized Associations in the office premises shall be considered by the head of the office concerned on their merits taking into consideration the space available, the number of people likely to attend, matter to be discussed, possibility of feelings to be roused among the participating Associations and need for safeguarding the departmental property and installations.
No. 33-8/84-SR dated 22.8.83
2. in addition to the above, he grant of permission will in all cases be subject to the following conditions:
i) Meetings should be attended only by those members of he Associations who are postal employees or are office bearers;
ii) loud Speakers are not to be used, since they cause disturbance to office work.
Further in case any damage is caused to office property, or breakages caused to chairs, tables, etc. The Association concerned will be liable to bear the costs of repairs or replacement of such items of furniture or any other Government property.
In case of any violation by any Association of any of the conditions under which the permission had been granted, no permission should normally be granted for a minimum period of six months. After the expiry of this period, the head of the concerned office will use his judgment for granting permission for holding meetings. If any Association comes with a request for holding meetings before the expiry of the stipulated period of six months and with sufficient justifications, the head of the office will send his recommendations to his next superior having regard to all relevant considerations for decision. If, owing to commission of any act of violence, permission has been refused for holding meetings in the office premises, permission to hold meeting on subsequent dates should be granted with the approval of the Department of Posts.
It is clarified that the term “Office Premises” includes the recreation rooms, canteens, open compounds etc. attached to he departmental buildings.
No. 33-7/77-SR dated 26.12.77
3. permission to hold meetings may also be given in such offices which work round the clock subject to administrative convenience and other prescribed conditions and the official on duty not leaving their work to attend such meetings.
No. 16-1/59-SR dated 17.9.59
4. Requests for holding joint meetings of two or more recognized Associations should be considered on their merits in the light of space available, number of people likely to attend, issues to be discussed, the possibility of feelings being roused among the participating Associations and need for safeguarding the departmental property and installations. The heads of offices may exercise their discretion in granting permission and holding joint meetings in office premises having regard to these considerations.
XI. SUPPLY OFF COPIES OF ORDERS
1.(a) The Government cannot undertake invariably to supply copies of all orders or orders of any specified category relating to conditions of service of employees. Copies of orders containing decisions of general interest relating to service matters which re not marked “Top Secret’, “Secret”, “Confidential” or ‘For official use only” may be supplied to the recognized Associations who are likely to be interested in such orders. Copies of general letters, orders, circulars, circle orders, correction lists, etc. come within this category of document which can be supplied.
1(b) As regards DG’s Circulars, general letters and orders, etc., issued from the Department which are not ‘Secret” or “Confidential” are supplied to the Central office of All India Associations direct from the Department and copies of circulars, etc., issued by the heads of Circles as well as those issued buy DG”s office are to be supplied by the circle office concerned to the central office of the relevant recognized All India Associations irrespective of the fact that their headquarters are not located in the circle and that supplies are to be made as soon as circulars re issued or received from DG’s office. General circulars both from the Department / Circle re to be supplied to the Associations of all arms in the Department and all the other circulars are supplied to the Services Associations of the appropriate arm only.
1(c ) As regards supply of statistical information on various subjects such as departmental examinations, building programmes, etc. statistical information as is readily available: or can be conveniently collected and may be really useful for the Association and which is not meant for administrative purposes only, may be supplied to them provided its collection does not involve extra labour, time or special efforts. The discretion in the matter of supplying such information, however, rests with heads of the Circle concerned who may refuse to meet such requests if not found to be acceptable. Information of the following kind is considered to be of an administrative nature and is not meant to the supplied to the Association.
i) The actual number of candidates who appear in a particular departmental examinations and the number of those who qualify or any other statistics relating to such examination which is meant for office use only.
(ii) The number of vacancies in a circle office, etc., since a particular year or during a particular period and number of officials taken against them.
(iii) information in form Establishment-II.
(iv) Standards evolved by the Administration as their rough guide for creation of posts, Standards of the nature which have been approved by Government may, however, be furnished.
1(d) information collected by the employees in the course of their official duty and that obtained by the Associations from Government should not be furnished tonon-government bodies.
XII. USE OF NOTICE BOARD
DG’s Special General Circular no. 23 dated 19.11.59 & 16-12/71-SR dated 15.10.71
1. Associations may be allowed to display notices relating to the following:-
i) The date, time , the place and purpose of a meeting.
(ii) Statement of Accounts of Income and Expenditure of the Associations
(iii) Announcements regarding holding of elections excluding canvassing thereof and result thereof.
(iv) Reminders to the members of the Associations in a general way about the dues outstanding against them.
(v) Announcements relating to matters of general interest to the members of the Associations provided:-
a) They are not in the nature of criticism:
b) They are not subversive of discipline:
c) They do not contain objectionable offensive language: and
d) They do not contain attacks on individuals directly or indirectly. Notices relating to strike cannot be displayed on notice board installed in office premises.
No. 167-7/60-SR dated 8.7.60 & No. 16-17/81-SR dated 26.12.81
2. The recognized Associations should ensure that their branch unions follow strictly the orders in the matter of displaying their notices./ Circulars etc. on notice boards placed in office premises and avoid the irregular practice of displaying their posters etc. on the walls/doors etc., of the Government buildings/offices.
XIII. ELECTION AND DISPUTES.
No.69-60/71-SPB-II/SR dated 31.1.72
1. The Service Associations should invariably endorse copy of the notice regarding convening of he general body meeting of the Service Associations at different levels along with a copy of the agenda for the meeting to the Head of administration concerned at different levels. The list of newly elected office bearers re also invariably to be furnished immediately after the meeting to the credited authority concerned. The newly elected office bearers will not be afforded the prescribed facilities and concession unless these formalities re complied with.
No. 19-1/73-SR dated 19.2.74 & No. 39-38/81-SR dated 13.1.82 &16-38/82-Sr dated 18.12.82
2. The Recognition of the office-bearers and the facilities granted to them would be withdrawn after the lapse of three months from the dates fresh elections fall due as per constitutions of the respective Associations
No. 16-12/73-SR dated 27.7.73
3. An elected Divisional Secretary may be permitted to represent both the Divisions when a division is bifurcated upto a period of here months from the date of bifurcations which is considered adequate for establishing a new branch o electing new office bearers. Similarly, n elected circle secretary may be permitted to represent the bifurcated circles for a period of three months.
No. 17-8/74-SR dated 8.7.75
4. When a new branch is formed, it may not be possible for a variety of reasons to send notices, etc., in advance to the administration or to publish any notice about the meeting. In such cases even if a formal notice is not issued for convening a meeting of the prospective members for forming a new branch and elections of office bearers, the intention to hold such a meeting, should be communicated confidentially, if necessary, to the head of he Circle/Division as the case may be. This should be done by the circle secretary in the case of formation of Divisional branch and by the General Secretary of the All India union in case of Circle branch.
5(A) As soon as list of office bearers is received, it should be verified by the accredited authority whether the new office bearers have been elected after due notice in accordance with the provisions contained in he constitution of the Union.
(B) if any Service Association requests that n independent observe from the official side my be sent to watch the elections, such an observer may be sent. It should be ensured that he belongs to a Branch of the Department different from the Branch f which the members f the Union concerned belong to.
(C ) Normally, after an election, the outgoing president or the outgoing Secretary of the Branch concerned (or convener in the case of new branch should communicate to Administration the names of the new office bearers and such communications should normally be accepted. In case, however, a parallel list is received from any person or persons claiming to have been duly elected at the same meeting, a dispute should be deemed to have arisen.
(D) once a dispute arises, he normal facilities should be denied to both he groups.
(E) In case of dispute, a report should be obtained from the observer, if any, and the matter decided accordingly.
No. 41-4/87-SR dated 17.2.87
6. in addition to thee election disputes below Circle level, the disputes in the election of office bearers of the Unions at circle level may also be decided by the heads of Circles on the basis of the material furnished by the unions and provisions contained in he constitution of Association. If considered necessary, a reference may be made to the General Secretary of the All India union concerned for obtaining his views in the matter. If the circle Associations are not satisfied with the decision of the head of the Circle, the matter can be take up with the Department through their respective All India Association in accordance with the prescribed channel of communications. (Also read the following instructions).
No. 16-25/2002-Sr dated 8th July, 2002
7. While issuing revised instructions regarding settlement of election disputes t circle level (vide No. 41-4/87-SR dated 17.2.87, stated above), it was inter-alia made clear that “if considered necessary, a reference may be made to the General Secretary of the All India union concerned for obtaining his views in the matter”. The matter has been reconsidered and it has been decided that in case of election dispute at circle level” a reference should be made to the General Secretary of he All India union concerned for obtaining his views in the matter. To this extent, the instructions issued vide letter No. 41-4/87-SR dated 17th February, 1987 stand modified. It may be further clarified that all other instructions contained in the above referred letter of 17th February, 1987 remain unchanged.
No. 19-1/73-SR dated 23.4.75
8. in the case of postal circle, an observer from RMS Branch should be sent where the Associations concerned belongs to the postal branch or vice versa. In the case of Circle union, the observer should invariably he a Gazetted Officer.
No. 38-1/74-SR dated 28.9.74
9. There is no necessity for All India Association to send list of office bearers of their branches to the Department for onward transmission to the heads of circles etc., for necessary action excepting in cases where extraordinary situation has risen requiring consideration of the lists in he Department. The Department when addressed in special cases, it should be indicated why the Department is being addressed.
No. 19-1/89-SR dated 20.1.89
10. he ad hoc committees formed by Service Association at different levels will not be approved in a normal course as the same are against the basic tenets of democracy. However, if it becomes necessary for any Associations to appoint ad hoc committee of any level in unavoidable circumstances, the same will be approved subject to the following conditions:-
i) The constitution of the concerned unions/associations contains a specific provision in this regard.
ii) No ad hoc committee will be approved at any level for formation of a new branch.
iii) Ad hoc committed in circle office / administrative offices will be approved by the Department of Posts for a maximum period of three months on receipt, of a request from General Secretary of the Union / Association explaining the necessity thereof in detail along with a copy of the resolution passed by CWC etc., depending upon the merits of each case.
iv) Ad hoc Committee for Divisions will be approved by the heads of Circles for a maximum period of 3 months on a receipt of request from the circle secretary of the concerned union / association explaining the necessity thereof in detail along with a copy of the resolution passed by the circle working committee etc., depending upon the merits of each case.
v) Ad hoc Committees proposed to be appointed at any level will not consist off more than 4 months out of whom one member will be designated as Convener subject to condition that they are otherwise also eligible to be elected as office bearers and no case is pending in any court in this regard.
vi) in case of a dispute when two parallel lists are received, whose name appears in either of the lists, will be nominated as member in he proposed Ad hoc Committee to settle the dispute.
vii) If the Ad hoc Committee fails to hold the fresh elections within a period of 3 months, the union facilities granted to its members would automatically stand withdrawn on expiry of the stipulated period.
1.(a) The Union/Association should get prior approval of the Government before publishing a journal or any periodical.
1(b) While sending application for permission to publish a journal /periodical, the following information may be furnished:-
i) name of he Journal/periodical
ii) Name of the Union/Association publishing journal /periodical, including the name of the circle/divisional/local branch, ( if a branch is publishing the same),
iii) Name of the editor
iv) Whether the editor is a Government servant or an outsider.
v) Station from which the journal /periodical will be published.
No. 70-8/58-SPA dated 22.9.58
The Service Associations should send copies of journal invariably to the heads of Circles, etc, so that they may also be aware of the general grievances of the employees.
No. 70-62/58-SPA dated 30.10.58
If wild allegations are published in journals, publication of the unions or intemperate and offensive language is used, the attention of the union should be drawn to it and they should be asked to make amends. If this is not done, the question of withdrawal of the permission given to the unions for publishing these journals would be considered .
No. 16-15/59-SR dated 20.8.59
No person, who is not a member of the union/association, is eligible to become an Editor of the journal/periodical issued by the unions /Associations.
No. 24-2/64-SR dated 23.9.66
Unions/Associations and their duly constituted branches may publish souvenirs on the eve of the annual conferences, etc., without obtaining prior permission of the Government subject to the condition that the contents of such publication do not in any way violate the provisions of the Conduct Rules. Such publications should relate only to the legitimate activities of the union/Associations and should not contain any objectionable material or offensive language.
No. 24-4/87-SR dated 15.12.87
There is no objection, if the union/Associations at different levels accept advertisement for he publication of souvenirs to be brought out at the time of their annual conference etc, subject to the following conditions:-
i) Procurement of advertisements from private parties for publication in souvenirs /or similar publications brought out by the Service Associations etc., will not henceforth be allowed: and
ii) Procurement of advertisement from Government Departments and public or Corporate bodies would, however, continue to be permitted.
No. 24-4/76-SR dated 29.5.76 & No. 25-3/82-SR dated 30.3.83
The journals of the recognized unions / associations would deal with service matters only and would not publish news or comments not directly related to such matters. In addition, use off intemperate language should also not be resorted to. Moreover, the permission to publish journals is always subject to the following conditions:-
i) The journal deals with the service matters and does not publish news or comments not directly related to such matters.
ii) No material is published in the journal in violation of the Central Civil Services (Conduct) Rules, 1964 as amended from time to time. In case, any objectionable material is published by the unions/associations in their periodical journal, the question of withdrawal of permission for publication of such journal and all other appropriate disciplinary action can be taken against the author.
iii) The unions should not use intemperate language in the journal.
No. 26-1/98-SR dated 17.11.98 and No. 5-10/2001-SR dated 1.12.2001
(I) Heads of Circles were delegated with the powers in the matter of grant of permission unions/associations to publish journals/periodicals subject to the following conditions:-
(i) The circulation of the journal/periodical is restricted to members of the branch union only.
(ii) The journal deals with the service matters and does not publish news or comments not directly related to such matters.
(iii) No material is published in the journal/periodical in violation of then provisions of the Central Civil Services (conduct) Rules, 1964 as amended from time to time.
(iv) The Union should not use intemperate language in the journal.
(2) While considering the request, it would be ensured that applications are accompanied by a copy of the letter from Registrar of newspaper accepting the title of the magazine and clearance from local/district or State Authorities.
XV. GUIDELINES FOR RECOGNITION OF FEDERATION
No. 2/14/98-JCA dated 3rd July, 02 circulated vide No. 6-2/2002-SR dated the 19th July, 2002
(I) The Administrative ministries/Departments may consider granting Recognition to the Federation with the approval of minister in charge subject to the condition that affiliated unions/associations are recognized under CCS(RSA), Rules, 1993. For this purpose following documents are required to be submitted by the Federation Seeking Recognition.
(a) Constitution and bye-laws
(b) Authorization letters of the unions/associations affiliated to the proposed Federation.
(c ) Membership of the individual affiliated recognized unions / associations based on the verification of membership under the check off system along with list of the office bearers and the categories represented by them.
(d) Names of the office bearers of the Federation
2. it will be open to the Government to withdraw Recognition at any time after giving an opportunity to the Federation to present its case, if they fail to comply with any of the conditions prescribed under Rule 6 of CCS(RSA0, Rules 1993 or any other conditions as may be prescribed in this regard.
3. It is also clarified that the continued existence of a Federation depends on he status of its affiliated unions/associations. The Recognition of the Federation shall stand withdrawn at any time its affiliated associations/unions are either derecognized for any reasons or its affiliated associations/unions withdraw their affiliation to the said Federation.
4. If any a Ministry/Department had granted recognition to any Federation the same may be withdrawn immediately, if the above guidelines are not satisfied. The concerned Federation, if they so desire, may submit a fresh application seeking Recognition in accordance with these guidelines.
5. Before the proposal for grant of Recognition to the Federation is processed, the ministries/Department may refer one sample case to DOP&T for vetting the draft constitution or any other relevant document submitted by the Federation.
No. SPA-78/54 dated 12.2.54 & No. SPA-70-69 dated 19.2.58
1. The unions should not use intemperate and objectionable language against officers in their correspondence as well as journals.
No. 70-62/58-SPA dated 20.12.58
2. If a letter received from a union by an officer contains intemperate and offensive language, no notice would be taken until the defect is rectified.
No. 21-4/70-SR dated 27.6.70 reiterated vide letter No. 21-3/92-SR dated 22.6.92
3. The Departmental officers should not encourage any joint conference of two or more unions at circle or divisional levels. Joint Conference means, the practice of holding Joint Conferences at the circle/divisional level of more than two unions/associations for the purpose of elections etc., at this level. It is, therefore, reiterated that wherever such instances of holding joint conferences come to the knowledge of the Department, the same may not be encouraged.
No. 16-4/83-SR dated 23.7.63 & no. 3-4/84-SR dated 15.10.84
4. The suggestions received from the Unions with a view to improving the efficiency of the services may be discussed with the Unions at circle and central levels. If any suggestions are received for discussion, they may be included in the agenda for discussion in the prescribed periodical meetings at all levels including the Postal Departmental Council and the Regional Councils of JCM.
No. 10-17/77-SR dated 1.12.77
5. one of the conditions of the Recognition rules requires that a list of members, an up to date copy of the constitution and an audited statement of accounts shall be furnished to the Government annually through proper channel after the general annual meeting is held. The union should ensure that (1) a list of membership (2) an audited statement of accounts (3) an up to date copy of the constitution are invariably furnished to the Director General annually in compliance with the conditions of the Recognition rules.
No. 38-4/74-NB dated 25.1.75
6. Subject to availability, minimum Government office accommodation may be allotted for office purpose to recognized unions and Associations. The rent shall be charged on the basis of standard rent under FR-45-A or pooled standard rent under FR-45-A where rents have been pooled. In addition, service charges etc., shall also be recovered from the unions and Associations.
No. 23-21/66-SR dated 3.12.66
7. It is not necessary for all India unions to forward to the Directorate resolution passed by their Branch unions at various annual conferences. The All India unions, if they like, may send to the Administration, the resolutions passed at their All India Conferences for information.
No. 10-31/71-SR dated 30.8.71 & No. 10-3/0-SR dated 23.10.86
8. The representatives of recognized unions / Associations should be invited to attend all formal functions of the Department as matter of courtesy and gesture of goodwill and the following procedure may be adopted:
1) in respect of the functions, where members of the public are not invited, only the presidents and the Secretaries General of the Federations and General Secretary of the concerned unions/associations are to be invited to attend such functions.
2) For functions like laying of foundations, inauguration, opening ceremonies etc., of postal buildings and installations, where members of the public are invited, the invitation is to be extended to the Presidents and the Secretaries General of all the recognized unions/associations.
3) on occasions like inauguration of postal week celebrations etc. where public cooperation is enlisted, the invitation shall be extended to the unions/associations representatives as in (2) above.
No. 31-1/81-GA/SR dated 29.12.81
9. The Federations have been informed that they have not been granted facilities for erecting flag mast and flying unions / associations flags in office premises used either in Departmental or rental buildings.
No. 10-3/87-SR dated 21.7.87
10. As per the prescribed channel of communication, the all India unions/Associations can address DG (Posts) on various subjects. They can correspond directly with the concerned Deputy Director General also on any subject which they want to take up with the DG (Posts). (A list of Dy. Directors Generals and the Sections working under them along with the list off items of work dealt with by various sections has already been forwarded tall recognized unions/associations).
XVII. INSTRUCTIONS REGARDING NO WORK – NO PAY
Department of personnel & Training
F. No. 41016(S)/90/Estt.B Dated 1st may, 1991
Subject: Treatment of period of strike by Central Government Employees
Attention of the Ministry of Finance, etc., is invited to the Department of personnel & Administrative Reforms OM No. 33011/1/77-Estt.B dated the 25th April, 1978 in which the ministries/Departments were requested to ensure compliance of the following directions of the Cabinet, namely:-
i) all ministries/Departments must observe the principle of “no work-no pay” and this should not be circumvented in any way including by grant of leave for the period of a strike: and
ii) on all important service matters which re likely to have repercussions on other services (e.g. action taken against Government employees participating in strikes, all ministries/Departments, including the Ministry off Railways, should, with a view to ensuring the maximum possible uniformity in the general approach, consult the Department of personnel & A.R. ( now Department of personnel & Training) before taking/announcing any decision so that embarrassment to the Government in dealing with the generality of civil services is avoided.
2. notwithstanding he above directions, the Department of personnel & Training has been receiving several references from Central Government offices that in the case of employees who had participated in a strike, the period of absence may be treated as duty or leave instead of applying the principle of “no work-no pay”. It has also come to notice that in some cases, the Ministries/Departments and taken decisions on important service matters likely to have repercussions on the services without consulting this Department and in contravention of the said directions.
3. The principle of “no work-no pay”, is laid down in proviso to Fundamental Rule 17 (I) which provides that any officer who is absent without any authority shall not be entitled to any pay and allowances during the period of such absence. The principle was examined in depth by the Supreme Court and upheld in the Civil Appeal No. 2581 of 1986 – bank of India Vs T.S. kelawala & others (1990 (3) SLJ). Though the issue did not pertain directly to applicability of the principle to Government servants, the Court has analyzed the principle in all its facets and its observations are relevant. Some relevant extracts of the Supreme Court judgment delivered on 4th May, 1990 are as under:-
Where the contract, Standing Orders or the service rules /regulations are silent on the subject, the management has the power to deduct wages for he absence from duty when the absence is a concerted action on the part of the employees and the absence is not disputed. Whether the deduction from wages will be pro rata for the period of absence only or will be for a longer period will depend upon the facts of each case such as whether there was any work to be done in the said period, whether the work was in fact done and whether it was accepted and acquiesced in, etc.
It is not enough that the employees attend the place of work. They must put in the work allotted to them. It is for the work and not for the mere attendance that the wages/salaries are paid.
It is clear that wages are payable only if the contract of employment is fulfilled and not otherwise. Hence, when the workers do not put in the allotted work or refuse to do it, they would not be entitled to the wages proportionately.
Whether the strike is legal or illegal, the workers are liable to lose wages for the period of strike. The liability to lose wages does not either make the strike illegal as a weapon or deprive the workers of it. When workers resort to it, they do so knowing fully well its consequences. During the period of strike, the workers withhold their labour. Consequently, they cannot expect to be paid.
4. in the light of the above, the Cabinet has now reviewed the general policy in this regard and directed that all ministries/Departments must observe the instructions contained in Department off personnel & Administrative Reforms O.M. of 25th April, 1978 (reproduced in para 1 of this OM) scrupulously.
5. ministry of Finance etc., re accordingly requested to bring the directions f the Cabinet to the notice of all concerned for strict compliance in future.
Dy. Secretary to the GOI
XVIII. INSTRUCTIONS REGARDING BANDH
DOP&T’s OM No. 27/6/71-Estt.(B) Cabinet Sectt. Dated 1st Nov, 1971
The absence of Central Government employees on a day or days of bandh may fall under one of the following categories.
i) Where a Government servant had applied or applies for leave for the day or days of the Bandh for genuine reasons, e.g. medial grounds, of which the competent authority is satisfied:
ii) Where the competent authority is satisfied that the absence of individual concerned was entirely due to reasons beyond his control i.e. due to failure of transport or disturbances or picketing or imposition of curfew, etc.,
iii) Unauthorized absence, i.e. where conditions mentioned in (i) or (ii) above are not satisfied.
2. As regards the first category, leave of the kind due and admissible, including casual leave, may be granted to the Government servants concerned. As regards the second category, if the competent authority is satisfied that the absence was due to failure of transport facilities, special casual leave may be granted to such Government servants who had to come from a distance of more than three miles to their place of duty. If the absence was due to picketing or disturbances or curfew, then too special casual levee could be granted to regularize the absence, without insisting on the condition that the distance between their place of duty and their residence should be more than three miles. Special casual leave in either of the cases mentioned above may be granted with the concurrence of the Ministry/department concerned.
3. As regards the third category mentioned above, under the proviso to Fundamental Rule 17(I), an officer who is absent from duty without any authority, shall not be entitled to any pay and allowances during the period of such absence. Unauthorized absence of this kind, apart from resulting in loss of pay and allowances for the period of such absence, would also constitute break in service, entailing forfeiture of past service for all purposes, unless the break itself is condoned and treated as dies-non. If the break is condoned and treated as dies-non by the competent authority, the service rendered prior to the break will be counted for all purpose, but the period f the break itself will not count for any purpose.
4. There might, however be a case in which a number off Government employee acting in combination or in a concerted manner may absent themselves from duty for a part of a day only. The provisions of ministry of home Affairs OM No. 60/17/64-Estt.(A0 dated the 4th August, 1965 shall not apply to such a case. Their absence even for a part of a day in the above circumstances shall be deemed to be unauthorized absence for a whole day, and action may be taken in regard to the unauthorized absence as outlined in paragraph 2 and 3 above.