BMS, which withdrew from the September 2,2015 General strike at the last moment has again joined the mainstream of the working class in the country, as the government presses for labour reforms. The NDA government’s pursuit of contentious labour law reforms such as easier norms for hiring and firing workers has compelled all the central trade unions, including the RSS- affiliated Bharatiya Mazdoor Sangh (BMS) to join hands again to discuss a collective course of action.

Shri. B. N. Rai, President, BMS said that all Central Trade Union leaders would meet on 27th January, 2016 to take on the legislative changes proposed by the government and review the progress on their larger charter of demands presented to the government.

(courtesy: The Hindu)

Preparations are in full swing at Tirupati to host the 2nd triennial All India Conference on 2-3, February, 2016. The reception committee is working over time to see that the conference become a grand success. They are trying their level best to arrange suitable accommodation to the delegates/ observers and also to receive them at the railway stations.

However the reception committee has intimated that a few circles are yet to give proper informations about the number of delegates/ observers. arrival/departure details and number of lady comrades etc. It will be difficult for the reception committee to arrange accommodation for those delegates coming without giving prior intimation. So it is once again requested that all the circles should ensure that the above details are given to the reception committee without fail. KINDLY TREAT IT AS IMPORTANT AND URGENT.

Alappuzha area committee organised a well attended convention at BSNLEU hall, Alappuzha on 23-01-2016. A good number of lady comrades also participated.  Com.K.Bhargavan, Area President presided. Com.T.Sobhanan, Area Secretary welcomed the gathering. Addressing the convention Com.K.G.Jayaraj, General Secretary explained the retrograde recommendations of the 7th Pay Commission, pending issues of the pensioners, particularly,present position of 78.2% IDA merger and the ensuing 2nd triennial All India Conference at Tirupati. Com.N.Guruprasad, Circle Secretary and Com. P. Surendran, District Secretary also addressed.

Ravi Shankar Prasad, Communications Minister, has stated that the fast growing telecom sector will require 4.16 million workers by 2022. If the 15% growth continues, this may be true.
But as Minister of Communications, he has to ensure that additional jobs are created in BSNL & MTNL also. Young blood should be inducted.

New Delhi: 19th January, 2016 – On the clarion call of the National Joint Council of Action(NJCA), three day (19th to 21st Jan, 2016) sit-in programme in all the state capital and industrial centers started today, wherein affiliates of All India Railwaymen’s Federation, National Federation of Indian Railwaymen, All India Defence Employees Federation, National Defence Workers Federation, National Federation of Postal Employees, Federation of National Postal Organisation, Confedration of Central Government Employees & Workers participated en mass.

At Jantar-Mantar, New Delhi, thousands of Central Government Employees, including the Railwaymen started peaceful sustained struggle, demanding redressal of long pending genuine demands of the Central Government employees, removal of retrograde recommendation of the 7th CPC, scrap Natioal Pension System(NPS) and restore Guaranteed Old Pension Scheme, payment of arrear of Productivity Linked Bonus, filling-up of vacancies, stop indiscriminate outsourcing, stop amendment in Labour Laws in favour of corporate, non-creation of new posts for new assets,

On this occasion, a mammoth peaceful rally of thousands of Central Government Employees, including the Railwaymen, was organized at Jantar-Mantar, New Delhi, which was addressed by Shri Shiva Gopal Mishra, Convener, NJCA and General Secretary, AIRF-NRMU, Shri S.K. Tyagi, President/NRMU, Shri B.C. Sharma, General Secretary URMU, Shri R.N. Parashar, General Secretary NFPE, Shri A.K. Kanojia, ITEF, Shri V. Bhattacharjee, Civil Accounts, Shri Giriraj Singh, President NFPE, Shri Devendra Kumar, FNPO, Shri R.K. Singh, General Secretary, Diploma Engineers’ Federation.

Giving stern warning to Government of India, all the speakers said, if their aforementioned demands are not resolved by the end of February 2016, all the Central Government Employees will be compelled to go on “Indefinite Strike” in the month of March 2016.

Inaugurating Gadag District Branch biennial conference, Com.G.G.Patil, CHQ Organising Secretary exhorted to make the ensuing triennial All India Conference at Tirupati a grand success. The conference,held at old telephone exchange premises on 21-01-2016 was presided over by Com.S.S.Naregal, District President. Com.S.A.Bilagi also addressed the conference and explained the pending issues including 78.2% IDA merger and the efforts being taken by CHQ for its settlement. Office bearers were elected unanimously with Com.S.S.Naregal (President),Com.P.Y.Kathare (District Secretary) and Com.S.S.Kulkarni (Treasurer).

Details of arguments in CAT Delhi on 13-1-2016

Our Review Application to cover full pension after 10 years on superannuation or absorption in PSUs/Autonomous Bodies was taken up by the CAT Bench on 13th afternoon.

The GOI Advocate made the following points which were duly countered by our Advocate:

(i) Since the verdict dated 21-4-2015 was based on OA 1165/2011 as the lead case, which did not seek pro-rata pension after 10 years on superannuation or absorption in PSUs/Autonomous Bodies, this issue cannot be raised now. Also, as per Apex court verdicts, if a verdict is silent on any particular prayer, it is relevant rulings for which the Bench said that this should be done within 2 days beyond which they would not wait.
Our Advocate effectively countered this contention by pointing out that:

* Although OA 1165 initially did not cover this plea of full pension after 10 years on superannuation/absorption in PSUs, the other two OAs filed subsequently, specifically covered this aspect. And since all the 3 OAs were clubbed together in the verdict dated 21-4-2015 for a common verdict, this prayer cannot be ignored;

* Notwithstanding this, it was brought to the notice of the Bench that as early as in 2013 (much before the verdict dated 21-4-2015) while filing our Rejoinder, it was specifically sought to amend our prayer in OA 1165/2011 to include this aspect also. Since GOI did not object to it at that time, the same is deemed to have been amended and this issue cannot be raised now.

* In any case, since all 3 OAs were clubbed together in a common verdict and this aspect was missed, it is well within the right of the Applicants to seek a Review of the order.

(ii) GOI Advocate mentioned that since this aspect was not raised in OA 655/2010 as mentioned in the verdict dated 1-11-2011, while seeking modified parity, this aspect cannot be raised now.

Our Advocate countered this by pointing out that:

* While considering the Writ of S 30 Pensioners Association seeking full parity with post 1-1-2006 pensioners, Delhi High Court remanded the case back to CAT with the direction to ignore paras 1-11 of verdict dated 1-11-2011 in our case (which formed the basis of adverse verdict in S 30 case also) and consider the matter afresh. As a result, the Full Bench allowed their plea of full parity in pension between pre and post 2006 pensioners, subject to the condition that the pension of a pre 2006 retiree from the higher grade cannot get a lower pension than the maximum pension of lower grade post 2005 retiree. He placed on record a copy of this verdict. Hence the reference of GOI to CAT verdict dated1-11-2011 was no longer relevant.

* The fact remains that the issue of denial of full pension after 20 years on VR and 10 years on superannuation/absorption in PSUs etc is covered by the same common instructions which have been quashed by Full Bench of the Tribunal and which decision has been upheld upto the highest level of Supreme Court while dismissing Curative Petition against CAT verdict dated 1-11-2011 in OA 655/2010. Consequently, discrimination between VR pensioners getting the benefit but not pensioners after superannuation/absorption on par with post 2005 retirees cannot be justified.

(iii) GOI Advocate again mentioned that they are going to file a Writ against earlier verdict dated 21-4-2015, to which the Bench reiterated that unless a stay is granted it does not matter. (Incidentally, as indicated in my mail of 6-1-2016, we have already filed a Caveat in Delhi High Court on 8-1-2016 to forestall any ex-parte stay in the matter).

The Bench has since reserved the verdict which we hope to be out very soon.

The file sent to the Law  Ministry on 78.2% IDA merger to BSNL pensioners has been received back in DoT and is put up to the internal finance.After vetting it will go to Secretary, Do T and the to the cabinet for approval.