Monday, August 17, 2015

Sir, Sub: Submitting items for discussion in the 33rd Meeting of National Council –reg. M-94262 54999 M-94262 54999

1 STAFF SIDE OF THE NATIONAL COUNCIL, BSNL Dada Ghosh Bhawan, 2151/1, New Patel Nagar, New Delhi – 110008 Letter No: National Council/204 Date: 14.08.2015 To Shri Shameem Akthar Sr.GM (SR), BSNL C.O., Bharat Sanchar Bhawan, Janpath, New Delhi – 110 001
 Sir, Sub: Submitting items for discussion in the 33rd Meeting of National Council –reg.
I am submitting herewith items for discussion in the 33rd meeting of the National Council. I request you to kindly arrange to hold the meeting of the National Council at the earliest. Thanking you, Yours sincerely, (P.Abhimanyu) Secretary, Staff Side, National Council Encl: AA 2 Items for discussion in the 33rd National Council meeting 1) Revision of guidelines for giving Compassionate Ground Appointment. Corporate Office, vide letter no.273-18/2013/CGA/P-IV dated 01.10.2014 has issued guidelines for giving Compassionate Ground Appointment. The guidelines have been designed in such a way by the Corporate Office, that the son or daughter of the deceased employee does not get the appointment, but only the spouse of the deceased employee gets the Compassionate Ground Appointment. This results in denial of justice to the family of the deceased employee, in view of the fact that the spouse who is given appointment under Compassionate Ground will retire after some years. On many occasions the Management has been demanded to revise the guidelines in an appropriate manner. However, it has not been implemented. Hence, it is demanded that the guidelines for Compassionate Ground Appointments are modified appropriately, so that they do not result in denial of Compassionate Ground Appointment to the sons and daughters of the deceased employees. Further, some employees die in accidents while performing duty. For example, line staff die due to electrocution while attending to line faults. At present no additional weightage points are being given to the wards of such employees who die in accidents while on duty. It is demanded that CGA must be given to the ward of the staff who die in accident while on duty. Necessary changes should be made in this regard, in awarding weightage points. 2) Granting of one advance increment to the left out Non-Executives who are appointed between 1.01.2007 and 07.05.2010. Corporate Office, vide letter no.F.No.1-02/2012-PAT(BSNL) dated 13.06.2015, has granted one advance increment to the TTAs appointed between 1.01.2007 and 07.05.2010. This advance increment has been granted to make good the loss of wage being suffered by these employees after implementation of wage revision. In the similar manner, there are some Non-Executives belonging to the Sr.TOA, RM, etc., appointed under Compassionate Grounds and also some employees appointed under Sports Quota. These employees are also suffering from wage loss, but they are not granted with the ‘one advance increment’. It is needless to say that it is discriminatory to grant one compensation to one section of the employees and denying the same to another section of the similarly placed employees. Hence, it is demanded that the ‘one advance increment’ should be granted to the left out Non-Executives who are appointed between 1.01.2007 and 07.05.2010. 3) No outsourcing of works without consulting the Recognised Unions. Outsourcing of BSNL’s works to outside agencies will have far reaching impact on the existing BSNL staff. As such, it is incumbent on the part of the BSNL Management, in accordance with the provisions of the ‘Code of Discipline’, to take the Recognised Unions into confidence, before taking decisions on outsourcing works. Various works of BSNL are being outsourced without any requirement for the same. When the works can be done by the existing staff themselves, outsourcing them results in wasteful expenditure for the Company and also render the staff surplus. More importantly, it is very unfortunate that the Management does not feel it necessary to take the Recognised Unions into confidence before deciding the outsourcing. For example, the Management Committee has recently decided to outsource the provisioning and maintenance of wired line broadband in various circles. Practically, there is no necessity to outsource these works, since BSNL is having sufficient number of Telecom Mechanics and TTAs to carry out these works. If the decision of the Management Committee is implemented, a huge amount of the Company will go on into drain without bringing any result. Moreover, the Management of the Company is violating the ‘Code of Discipline’, since the Recognised Unions are not at all consulted. Hence, before deciding to outsource any work the Management should discuss the issue with the Recognised Unions. 4) Payment of arrears consequent to revision of wages based on 78.2% IDA merger. The Forum of BSNL Unions and Associations entered in to an agreement with the BSNL Management on 12.06.2012 in respect of revision of wages based on 78.2% IDA merger. As per this agreement, the Unions and Associations agreed to defer the payment of arrears, taking into consideration the financial position of the Company. It was also agreed by the BSNL Management that the arrears would be paid to 3 the employees as soon as the financial position of the Company improves. However, the DoT, vide it’s letter no.61-01/2012-SU dated 10th June, 2013 has stated that the revision of wages based on 78.2% IDA merger is done prospectively, and that the employees would not get the arrears. This clause of the said letter is in total violation of the agreement reached between the BSNL Management and the Unions and Associations. Payment of arrears on revision of wages based on 78.2% IDA merger is a matter which does not come under the domain of the DoT, but it is a matter to be decided only by the BSNL Management. When BSNL Management has agreed to pay arrears to the employees whenever the financial position of the Company improves, the above stated letter of the DoT hangs as a “Democles sword”. Hence, the BSNL Management is requested to take up the issue with the DoT for setting the record straight. 5) Implementation of Payment of Gratuity Act for the Casual Labourers in BSNL. The Casual Labourers engaged in BSNL, and who are being paid by the Company, are covered under payment of Gratuity Act. However, BSNL is yet to implement this Act in respect of the Casual Labourers. As a result, the families of the Casual Labourers who have died, did not get any payment of gratuity. Similarly, a number of Casual Labourers have been disengaged from work on reaching 60 years of age. They are also not being paid any gratuity. Hence, it is demanded that Payment of Gratuity Act should be implemented in BSNL. 6) Night Free Calls on rent free connections provided to employees and retirees. Corporate Office, vide letter no.64-80/09-BB (S&M) dated 22.04.2015, has introduced ‘Night Free Calls Scheme’ which allows BSNL’s landline customers to make calls free of charge to any network. However, this facility has not been extended to the rent free landline connections provided to BSNL employees and pensioners. BSNL employees and pensioners are also landline customers of BSNL. It is unfair on the part of the BSNL Management to deny the facility of ‘Night Free Call’ to them, when it is extended to all the landline customers of BSNL. Hence, it is demanded that the ‘Night Free Call Scheme’ should be extended on the landlines of BSNL employees and pensioners. 7) Recruitment Rules of TTA Cadre. The Recruitment Rules of the Telecom Technical Assistant (TTA) cadre has been released by the Corporate Office, in 2014. Prior to finalization of the RR of TTA-2014, a draft RR was provided to union and the views of the union was called for. In that draft RR, there was no proposal to treat the TTA cadre as a circle cadre. However, thereafter, while releasing the final Recruitment Rule of TTA-2014, the Management has made a major change, on which the view of Union was not taken. In note 2 of the RR-2014 of TTA, it has been mentioned that “TTA will henceforth be a Circle cadre and the unit of recruitment shall be the respective Recruiting Circle. The Appointing Authority of TTA will henceforth be the DGM looking after HR issues in the concerned Circle. However, TTAs appointed earlier as per provision of old TTA Recruitment Rules of 2001 shall remain SSA cadre employees.” Thus, with the above mentioned provision, there will be two types of TTAs in the BSNL. One will be a Circle cadre and the other will be an SSA cadre. In our view, such an arrangement is unnecessary and will not serve any purpose. Moreover, it will create unnecessary confusion. It is also inappropriate on the part of the Management to incorporate such an important clause in an RR, without ascertaining the view of the Recognised Union. 8) Consolidation of SSAs into Business Areas and it’s impact on Non-Executives. The Management is in the process of consolidating SSAs into Business Areas. It is being told that this is being done to improve operational efficiency. It is our concern that this so called consolidation of SSAs into Business Areas should not affect the service conditions of the Non-Executives. This aspect has been discussed a number of times with the Management, who had assured that in no way the Non-Executives would be affected due to the consolidation of SSAs and creation of Business 4 Areas. Further we are told that the existing SSAs would continue to exist and that they would not be merged with bigger SSAs. However, in the Corporate Office letter no.4-2/2014-Restg.(Vol.III) dated 11th February, 2015, it is stated that the HR issues would be handled by the Business Areas. We feel that this statement is rather vague and needs elaboration. At present, the HR issues of the Non-Executives are being handled at the SSA level. We wish to know what are the HR issues that would be handled by the Business Area, and also the impact it will have on the Non-Executives. 9) Making MDF/Test Room landline number of Telephone Exchange free for service. At present SSA level CUG is given to all the Non-Executives working in the SSA and free talk value of Rs.200/- per month SIM has been provided. It is experienced that, if a line staff dials from CUG SIM to the MDF/Test Room landline number for testing any landline connections, the official is being charged for the duration of the call made and the amount will be deducted from the Rs.200/- per month if available, or else it will be deducted from the main account of the official. If the MDF/Test Room landline number of Telephone Exchange is made free for service, than the line staff can contact the number for testing from his CUG SIM without being charged. It is thereafter requested to make the landline number of MDF/Test Room be free for service. 10) Circulation of calendar for holding of departmental examinations. It is being experienced that the departmental examinations for promotion of candidates against departmental quota of vacancies are being delayed and not held at fixed date. In DoT period calendars for examinations for the concerned were being drawn and circulated to circle Heads. It is urged that calendar for holding departmental be drawn every year well in advance and circulated so that departmental examinations are held in time. 11) Revision in rates of uniform etc. The rates of uniforms and other supply items to staff have not been revised since formation of BSNL. The old rates fixed by DoT are in operation. Necessary steps be taken to revise the rates of the supply items. 12) Uniform criteria for grant of HQR allowance in Corporate Office. It is learnt that a section of staff and officers are being paid HQR allowance. However, the staff deputed from NTR etc. are being denied and discriminated. Thereafter, it is requested to end the discrimination. 13) Recoveries due to mistaken payments. The Apex Court is SLP11684 of 2012 (Civil appeal No.11527 of 2014) has held impermissible the recovery of mistaken payments in following cases. a) Recoveries from Non-Executive employees. b) Recovery from retired employees or due to retire within one year of order of recovery. c) Recovery in cases where an employee has wrong fully been required discharge duties of a higher post etc. It is stated that the BSNL staff are also facing recoveries due to mistaken payment due to wrong fixation of pay etc. Orders be issued to stop recoveries due to mistaken payments. Where concerned employees are not at fault. 14) Encashment of leave at the time of retirement. In ERP circle retiring employees are facing hardship in not getting the leave encashment on the next day of the retirement as per the existing guidelines. In some circles the encashment disbursement is done after one or two months. The circle administrations are citing the difficulties in this connection. Necessary steps at appropriate level may be initiated and ensured the payment on the next day of the retirement. ****** M-94262 54999

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