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.
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.
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.
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.
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.