90TH
DEPARTMENTAL COUNCIL (JCM) STEERING COMMITTEE MEETING OF MINISTRY OF DEFENCE
HELD ON 27.09.2013 AT NEW DELHI UNER THE CHAIRMANSHIP OF SHRI SAMEER KUMAR
KHARE, JT. SECRETARY (E) M of D IN WHICH
JT.SECRETARY, P& C, DDP AND JS(O/N) WER ALSO PRESENT
In the meeting the following
were present from Indian National Defence Workers Federation.
1. Shri
R.SRINVASAN, Secretary Staff Side, JCM II
2. Shri
H.N.TEWARI, Member, JCM II
In
the meeting from Indian National Defence Workers Federation various issues were
raised in addition to the Agenda points and important decisions taken are
listed below for the information of all concerned.
1. Meetings
of the Departmental Council JCM, M of D to be held regularly atleast 3 meetings
in a year and 3 meetings of Steering Committees. Further regular interactions at the
Directorate levels are to be held.
For which, it is agreed that,
TWO meetings in a year both steering
committee and main meetings will be ensured.
Meetings will be ensured.
Meetings with Directorates also will be arranged on this a detailed
circular wil be issued to follow in future.
2. CADRE REVIEW PROPOSALS FOR ALL CATEGORIES OF
EMPLOYEES.
After 6th
CPC, many Cadre Review Proposals were prepared and sent by the Directorates to
M of D and DOP&T very few have been approved; most of them are pending at
various levels. Chairman informed and
directed to the official side that the cadre review is a regular and continuous
process and it is the right of every employee to improve the promotional
opportunities between the pay commissions.
It was assured that expedite action would be taken since 7th
CPC was appointed.
3. III MACP for MCM
Financial
upgradation under 3rd MACP in respect of MCM was granted to
Rs.4600/- w.e.f.01.01.2006. After
DOP&T letter Dt 14.07.2012 and M of D letter Dt 23.07.2012, action was
taken by Indian National Defence Workers Federation representing to line
Directorates, M of D and DOP&T that upgradation of pay to MCM to Rs.4200/-
w.e.f.01.01.2006 should not be treated as promotion and therefore, the III
MACP to be continued. M of D and DOP&T
considered our proposal and justified and favourable forwarded to Ministry of
Finance, Department of Expenditure to review their decision. In the meantime concerned Controller of
Finance and Accounts issued instructions to revert them to Rs.4200/- and
recover the excess payment paid t to them.
Against this, some employees/Unions have obtained STAY Order from
Chandigarh &Kolkatta CATs.
But the issue was raised to stop the
reduction and recovery for all the employees drawing Rs.4600 Grade Pay. This was agreed by M of D and assured to
issue instructions to maintain the STATUS QUO and not to make any reduction or
recovery till the matter is finalised by Ministry of Finance, Department of Expenditure.
4. NIGHT DUTY ALLOWNACE ON REVISED RATES
CAT, Jodhpur Bench
order dt 05.11.2009, CAT Chandigarh order Dt 16.06.2012 and CAT Madras order Dt
08.08.2012 were directed to revise the Night Duty Allowance rates on V and VI
CPC Pay. CAT, Jodhpur directed to pay
for all the employees including non-petitioners but whereas M of D paid only to
Petitioners. SLP filed in Supreme Court
is also dismissed. M of D had clarified
that the issue is under consideration in consultation with other concerned
Ministries/Departments i.e., DOP&T Legal (Defence) and M of D. Also M of D referred the issue to Ministry of
Finance on 06.06.2013.
Unions are advised to file CAT Cases on
this issue.
5. TRADE UNION RIGHTS FOR DEFENCE CIVILIAN
EMPLOYEES (INDWF)
Trade Union rights
for the employees working in the following establishments are denied:
·
Training
Establishments
·
Hospitals
(Army, Navy and Airforce)
·
Establishments
covered under SRO 17 E (Border Areas)
It was demanded to
consider to grant Trade Union Rights and Granting of recognition etc.,
This point was accepted
as an Agenda for the main meeting.
6. PROVIDING OFFICE ACCOMODATION TO THE
RECOGNISED FEDERATIONS AT DELHI
This point was placed
by Indian National Defence Workers Federation for the Steering Committee to
provide Office Accommodation for the recognised Federations at Delhi as provide
to Railway Federations and Postal Federations. This was agreed to place an
Agenda for the Main JCM Meeting.
7. RECOGNITION OF TRADE UNIONS BY M of D (INDWF
POINT)
It was demanded that
the present Recognition rules was framed during 1995 certain clauses are
required to be changed. For this or
separate meeting will be convened by M of D to discuss with the Federations.
8. GRANTING OF EXGRATIA PAYMENTS Rs.10 Lakhs TO
THE DECEASED EMPLOYEES FAMILIES WHILE PERFORMING BONAFIDE DUTIES.
From Ordnance
Factories there are 32 cases pending.
From E-in-C’s Branch about 6 cases are pending for
payment of Rs.10 Lakhs for the employees Families expired while on duty due to
accidents. OFB cases have been cleared
and sanction is under issue. For the
cases from E-in-C’s Branch, D(Works) will expedite to clear the payments.
9. Granting of Fixed
Medical Allowance Rs.100/- and revision by enhancing to Rs.300/- for the
employees and families who are not having any Medical facilities nearer to
them.
This was agreed to
clear the payment of FMA @ Rs.100/-. For
MES employees the grant will be made in the appropriate head to pay monthly.
For others instructions will be issued.
For enhancement of Rs.300/-, A case will be taken up with Ministry of
Health and Family Welfare.
10. PAYMENT OF RISK ALLOWANCE TO THE DEFENCE
CIVILIAN EMPLOYEES
The following were
agreed by M of D
i. Order for payment of
Risk Allowance beyond 31.12.2012
ii. Payment of Risk
Allowance enhancing 25% after crossing DA beyond 50%
iii. Payment of Risk Allowance
to left out categories were agreed to take up with DOP&T.
11. EXTENDING CSD FACILITIES TO RETIRED CIVILIAN
EMPLOYEES OF DEFENCE
The issue of granting
CSD facilities to the retired Defence Civilian Employees was agreed by Defence
Secretary in the JCM Main meeting. But
the same was decided by DDG, CS, QMG that due to various constraints such as
shortage of manpower, Infrastructure and lack of budgetary support etc., it was
decided to maintain ‘STATUS QUO’. After
raising the issue to re-consider the decision, the issue was agreed to discuss
an Agenda point in the main meeting before the Secretary, Defence.
12. CONSULTAITON WITH FEDERATIONS ON DRAFT
RECRUITMENT RULES
M of D agreed
to issue necessary instructions to all the Directorates to consult all the recognised
Federation/Associations before finalising the Recruitment Rules.
13. CONDUCTING ADALATS FOR PENSIONERS
The forum for Pension Adalat for Redressal
of grievances of Pensioners including Defence Civilian Pensioners and their
families has been conducted every year six times. Necessary intimation will be given to
Federations about holding Adalat.
14. REVISION OF PRODUCTIVITY LINKED BONUS POLICY
This was agreed since the policy was framed
long back. Though the productivity is
increasing, but restricted to only 40 days in Defence.
ORDNANCE FACTORIES ISSUES:
a)
Stenographers
Cadre Review was just accepted and Gazette Notification was released. It was demanded one time relaxation should be
given to them in respect of residency period as it has been now enhanced in the
revised one to fill the vacancies by promotion.
This will be considered.
b) i) Payment of time
wages to Piece workers of Ordnance Factories for the period between 44 ¾ and 48
Hours.
ii)
Incremental difference (Minimum of the individuals Pay Scale – Actual Basic
Pay) + DA/200. This element was stopped
for Piece workers w.e.f. 01.04.2006. The
both issues are to be considered for Piece workers.
The
matter is under consideration of M of D.
c) GRANT OF 30 DAYS EL TO PIECE WORKERS
On the Agreement reached between
Government of India and with Federations on 09.09.1997, after the
recommendations of V CPC, Industrial Employees are made eligible to avail 30 days
Earned leave in a Calendar year at par with Non-Industrial Employees and
Non-Gazetted Officers.
There
are TWO sets of Leave Rules in M of D
i.
Departmental
Leave Rules
ii.
Leave
under Factories Act.
Piece Workers under opted for Leave
under Factories Act have been denied Earned Leave for 30 days and are granted
only 18 days as per Factories Act, since 2007.
Since PC of A Fys denied, Federations have given in writing to implement
one set of Leave Rules i.e. Departmental Leave Rules and was sent ot M of
D. Now this has been agreed by
DOP&T and orders are under issue.
d) PIECE WORK CO-RELATION ON VI CPC
Federations and Ordnance Factory Board
proposed to Co-relate the Piece work on Rs.5200 + Rs.1900/- Grade Pay = Rs.7100
for skilled to MCM on revised pay w.e.f. 01.01.2006. The proposal was sent to M of D and now the
same was forwarded to Def(Fin). It was
demanded to get approval from Government at the earliest since 7th
CPC is likely to be appointed. It was
agreed to expedite.
e) PAYMENT OF 5TH CPC HOURLY RATE TO
THE PIECE WORKERS OF ORDNANCE FACTORIES ON MACP SCALE.
While granting promotions, the hourly
rate of Piece workers is being paid on the Minimum of the Pre-revised (5th
CPC) pay scale, whereas for the Piece Workers, while getting financial
upgradation under MACP the same is denied.
Demanded this should be paid.
Agreed to decide the issue in consultation with the Finance.
f) GRANTING OF OVERTIME ALLOWANCE ON DOUBLE RATE
UNDER FACTORIES ACT TO THE HOSPITAL STAFF
Erstwhile Group ‘D’ hospital staff are
now classified as Group ‘C’ and made MTS.
Since they are covered under the Factories Act. It was agreed to consider granting Overtime
under Factories Act in consultation with Defence (Fin).
g) Granting of Additional increment @ 3%
On grant of financialupgradation
under MACP II to Senior Nursing Staff.
Pay Band of nursing
Staff was changed after VI CPC
Sr.Nurse - II
- 5000 – 8000 Rs.7450-11500 - PB2
4600
Sr.Nurse - I/Staff Nurse
Rs.5500 – 9000 Rs.7500 –
12000 PB2 - 4800
Matron -
Rs.6500 -10500
Rs.8000 – 13500 PB 3 - Rs. 5400
Due to this upgradation of Pay
scales/Grade Pay and introduction of MACP.
Sr. Nursing staff granted I ACP prior to 01.01.2006 is drawing less pay
than their Juniors when both are granted 2nd MACP.
One Additional
increment is to be granted to Seniors which was agreed to consider.
h) GRANTING OF HRA WHEN QUARTER NOT
PROVIDED/VACATED
Court Judgements cannot be universalised
only Petitioners were granted HRA, CGDA clarified that Ministry of Finance OM
No.F.2(37)-E-II(B)/64 dt 27.11.2965 para 7 of OM issued by M of F stipulates
regulation of HRA in respect of Government
Servant owning house.
“Even in the case of organisation/stations in case of
General Pool Accommodation, where Government Servants owning house and even
those who shift to own house after acquiring the property as per procedure
stipulated in Rule 18 CCS (Conduct) Rules may also be eligible to draw HRA as
per the provisions prescribed by M of F.
i) REVISION OF SPECIAL PAY TO STAFF BURSE
WORKING IN OPERATION THEATRE.
IV CPC granted Rs.60/- per month for
Staff Nurse working in Operation Theater.
It was doubled to Rs.120/- w.e.f. 01.08.1997 after V CPC. In Railways vide Railway Board’s letter
No.E(P&A)1-88/SP-1/MH-s dt 18.01.1990 and 25.1.1990.
Whereas the same has not being
extended to the staff nurse working in Ordnance Factories/Ordnance Equipment’s
Factories Hospitals which may be revised as under.
w.e.f. 01.08.1997 Rs.120/- per month
w.e.f. 01.09.2008 Rs.240/- per month
w.e.f 01.01.2011 Rs.300/- (By adding 25% DA on increase
beyond 50%)
This was agreed and
would be considered by M of D in consultation with Def (Finance).
j) PROMOTION TO THE POST OF SUPERVISOR(NT) FROM
LEADING HAND FIREMAN
Leading Hand fire has to pass the
Supervisor Fire Course from the recognised from the recognised Fire
Institutions. Since, limited seats are allotted to LHF and they are crossing 45
years of age they could not get the chance to go for training. Ordnance Factories should arrange the course
at OFIL, Ambajhari which is identified as Nodal Training Institute, for this
training necessary infrastructure to be created for providing this training in
the organisation.
This was agreed to consider so that departmental
candidates more in number can avail this training.
NAVAL DIRECTORATE POINTS
a) GRANTING 4 GRADE STRUCTURE TO AMMUNITION
MECHANICS IN NHQ
4 Grade Structure was denied during
re-structuring of Artisans w.e.f.20.05.2003 and from 01.01.2006 they are
qualified Artisans. It was represented
by INDWF and was considered to take up.
No action/decision till date.
It was informed by NHQ official that
the case was sent by NHQ to M of D and was re-submitted on 06.08.2013 to M of
D(Fin) which will be expedited and granted.
b) PAYMENT OF OVERTIME ALLOWNACE TO TECHNICAL
SUPERVISORY STAFF UNDER SECTION 59 OF FACTORIES ACT.
Supervisory staffs in Ordnance
Factories are paid Overtime Allowance under Section 59 of Factories Act but in
Navy they are paid under 64 of Factories Act since many decades. Parity was demanded. This would be considered in consultation with
DOP&T.
EME DIRECTORATE
a) ENHANCEMENT OF DIRECT RECRUITMENT AGE FROM 25
TO 27
2 YEARS AT the level of Direct
Recruitment needs to be enhanced in EME as the retirement age is increased to
60. Also the Technical Qualification
period studied should be included for enhancement.
b)
MCM
should not be treated as feeder grade, only HS I should be made as feeder
grade. From MCM it should be optional
and willing employees may be considered and not necessary to go to MCM and
Chargeman. It was directed by JC (O/N)
that the demands pertaining to DG EME may be sent to him directly for
consideration.
c)
MCM
Promotions are not granted for the last more thatn 4 – 5 years due to
discrepancies in Seniority. Mof D
refused to consider the mistakes committed by EME. It was demanded to finalise the issue to
operate promotions.
AIRFORCE
a) GRANTING OF ONE INCREMENT FOR EARSTWHILE
CHARGEMAN GRADE I PROMOTED BETWEEN 01.01.2006 AND 30.08.2008
After 6th CPC Chargeman
II and Chargeman I were merged w.e.f. 01.01.2006. But before issue of notification, the promotion
granted from Chargeman II to ChargemanI were given one increment and after
merger in AF, the increment was withdrawn, whereas in Ordnance Factories, the
increment was allowed. It was demanded
to allow the increment in Air Force Directorate also.
b)
Entry
level qualification for Storekeeping Staff has been raised from Matric to +2
and proposed in the Recruitment Rules in Air Force.
c) Enhancing the Pay Scales of Civilian
Mechanical Transport Drivers (CMTD) in Ariforce.
The job contents are totally
different for CMTDs and having more skill and responsibilities comparing to
CMDs. AirforcePersonnel Sgt. MTD are awarded higher Pay Scale and whereas
it was not granted to civilians.
Therefore job contents and job specifications are to be studied and
accordingly they should be awarded higher pay.
This was agreed to
refer to VII CPC for consideration.
d)
Cooks
Cadre Review proposals were submitted.
It was demanded that the cooks Cadre Review should be done in all other
Directorates also.
ARMY DIRECTORATES
a) INDUSTRIAL RELATION PROBLEM IN OD (FORT),
ALLAHABAD
About the recent
attack on the employees of OD Fort, Allahabad by the Commandant, Security
Officer, Admin Officer using the Army personnel and Fire Equipment’s to and
disturbed the Union meeting held at a Civil area 2 Kms away from the Depot ordering
lathicharge and using water cannons against them was said in the meeting that
this kind of arrogance and atrocities never happened in the past in AOC. Due to this many employees gathered there got
fractures and injuries and hospitalised resulting in lodging complaints in civil
police station and framing of FIRs on both sides. This kind of action was condemned and
requested M of D to order for an inquiry and til pending inquiry, the officers
including Commandant should be shifted for the Depot for conducting a fair
inquiry. Jt.Secretary (O/N) who is
directly controlling the Army establishments including AOC noted the complaint
and asked us to given representation.
b)
Reducing
PEs, Shifting of Civilians, closure of Military Farms should not be done
without consultation with Federations,
Many Military Farm
are getting closed, under AOC Field Depots are declared as war Establishments,
surplus postings etc were never consulted with Federations in AOC vehicle Depot
Panagar, employees were transferred on Temporary basis to Assam without
following any norms, converting the Field Depots into war establishments
resulted in denial of Trade Union rights, Works Committee, JCM etc., Before
taking any decision Federation should be consulted as per the directives of
Defence Secretary.
c)
Strongly
objected for not conducting JCM III/Army Council since November 2011. Regular meetings should be conducted
henceforth as per the constitution.
d)
Providing
central pool accommodation to Defence Civilian Personnel in Chennai. Defence Civilian personnel working in Army
units Military Transit camps, OTA etc., at Chennai are not able to get the
Central Pool accommodation since the units are not registered with Directorate
of Estates. Necessary approval to be
issued to register with the Director of Estate not less than the rank of Joint
Secretary for getting Central pool accommodation.
e) GRANTING OF FINANCIAL UPGRADATIONS UNDER ACP
TO TAILORS OF ORDNANCE DEPOT, TELEGAON DHABADE.
The issue of granting
financial upgradation under ACP to Tailors working in OD, Telegaon, Dhabade was
discussed in the JCM III level Army council.
The issue was referred by MGO/OS(pers) to m of D, D (O-II) two years
back and not reply/sanction is received.
JC(E) mentioned a note may be sent to him for
taking necessary action on the matter.
E-in-C’s Branch
issues
f)
It
was mentioned by INDWF to JS(E) that the
following matters referred by
E-in-C’s office are pending at M of D D(Works) which may be cleared
i. Regularisation of
absence period in respect of MES employees, 18 cases since 2011.
ii.
Regularisation
of services beyond the Age of superannuation. 9 cases referred since 2006.
iii. Payment of
Ex-gratia/Workmen compensation – 4 cases.
iv. Sanction of Medical
re-imbursement of the expenses 6 cases involving lakhs of Rupees sanction.
v. Extending the benefit
of Court Cases in respect of Volveman, Lift operators, Cane men and individual
cases.
The
above issues referred to M of D may please be cleared on time bound manner.
g)
AMENTMENT OR RR IN GROUP ‘C’ INDUSTRIAL
PERSONNEL.
Draft RR in respect
of Mate(SSK) has been discussed by DG(Pers) with representatives of Three
Federations on 14.03.2013 in which it was agreed that the entry qualification
for Mate(SSK) will be Matric or ITI but whn the Recruitment Rules was approved
it was made a sMatric with ITI which is totally against the discussion and
approval of Federations.
This needs to be
reviewed.
h) CONTINUEPROMOTION / REDESINGATION OF
SAFAIWALAS/CHOWKIDARS TO MATE IN MES
While framing Cadre Review
for MTs, Chowkidars and Safaiwalas were made a separate category of MTS and
proposed to create 4 grade structure for them.
The proposal has not yet been approved and pending. In the meantime, the existing system of
allowing re-designation to Mate has been withdrawn hoping that they will be
getting promotions on Cadre Review. Till
Cadre Review proposal is approved the benefit of re-designation to Mate should
be allowed to continue.
i) RATIONALISATION OF AOC INDUSTRIAL TRADES
The proposal
submitted by AOC for Rationalisation for Industrial Trades in consultation with
Federations was pending with M of D which needs to be cleared at the earliest.
j) CADRE REVIEW OF ADMIN CADRE OF MES
Draft proposal on
Cadre Review for Admin Staff was sent on 03.08.2013 to M of D and now submitted
to M of D (Fin) for further consideration.
k) REVIEW OF PLB FORMULA
Since the Productivity
Linked Bonus formula for Ordnance Factories, AOC, NAVY, Airforce, EME etc., has
been decided long back which restricts to 40 days only and is outdated. It was demanded to review the PLB Formula.
l) EXTENDING THE COURTS JUDGEMENTS TO THE
EMPLOYEES PLACED SIMILIARLY.
All the Court
Judgements in respect of payments, promotions, Service matters such as
Seniority, regularisation of causal services etc are implemented only in
respect of applicants and denied the benefits to the employees similarly
placed. It amounts that non-applicants
are forced to go to seek legal remedy by approaching courts further on this
matter demanded that it should be extended to non-petitioners also. It was replied that DOP&T and Ministry of
Finance and denying and not allowing to extend to non-petitioners.
We have told that
while filing the court cases, we will involve DOP&T and Ministry of Finance
as the defendants so that they will have to agree and implement the court
judgements to all.
m) DELEGATION OF POWERS TO CWEs FOR MAKING
MEDICAL RE-IMBURSEMENT EXPENSES.
E-IN-C’s Branch is
proposing and submitting their proposal to make Chief Engineers as Head of
Departments (HODs) and CWEs an Head of the Office by delegating powers to them
to decide at their levels instead of referring to HQrs.
DRDO
n) PAYMENT OF OVERTIME ARREARS ON REVISED PAY
It was agreed to pay
25% of arrears by this month, remaining will be paid after 3 months.
o) DEPLOYMENT OF FIREMAN ON CONTRACT AT ITR
BALASORE
At present in ITR,
Balasore (DRDO) Fireman deployed on Contract which will be reduced by
sanctioning the regular posts.
(R.SRINIVASAN)
General Secretary.
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