Various forms of protest action on two days Nationwide General strike on 20th and 21st February, 2013.
GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL & TRAINING
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
NORTH BLOCK, NEW DELHI-110001
D.O. No. 33012/1(s)/2013-Estt-B
Dated the 15th February, 2013
Dear Sir/Madam,
The
Joint Platform of Action of Government and Associate Services
Employee’s Organizations — All India Committee has given a notice that
the affiliated organizations of JPA and the mass of employees working in
Government services throughout the country will boycott work and resort
to various forms of protest action on two days Nationwide General
strike on 20th & 21st February, 2013 in pursuance of their Charter
of Demands.
2. The instructions issued by the Department of
Personnel & Training prohibit the Government servants from
participating in any form of strike including mass casual leave, go-slow
etc. or any action that abet any form of strike in violation of Rule 7
of the CCS (Conduct) Rules, 1964. Besides, in accordance with the
proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is
not admissible to an employee for his absence from duty without any
authority. As to the concomitant rights of an Association after it is
formed, they cannot be different from the rights which can be claimed by
the individual members of which the Association is composed. It follows
that the right to form an Association does not include any guaranteed
right to strike. There is no statutory provision empowering the
employees to go on strike. The Supreme Court has also agreed in several
judgments that going on a strike is a grave misconduct under the Conduct
Rules and that misconduct by the Government employees is required to be
dealt with in accordance with the law. Any employee going on strike in
any form would face the consequences which, besides deduction of wages,
may also include appropriate disciplinary action. In this connection,
your kind attention is also drawn to this Department’s OM No.
33012/1(s)/2008-Estt (B) (pt) dated 12th September, 2008 (copy
enclosed).
3. A Joint Consultative Machinery for Central
Government employees is already functioning. This scheme has been
introduced with the object of promoting harmonious relations and of
securing the greatest measure of co-operation between the Government, in
its capacity as employer, and the general body of its employees in
matters of common concern, and with the object, further of increasing
the efficiency of the public service. The JCM at the different levels
have been discussing issues brought before it for consideration and
either reaching amicable settlement or referring the matter to the Board
of Arbitration in relation to pay and allowances, weekly hours of work
and leave, whenever no amicable settlement could be reached in relation
to these items.
4. The Central Government Employees under your
Ministry / Departments may, therefore, be suitably informed of the
aforesaid instructions under the Conduct Rules issued by this Department
and other regulations upheld by the Hon’ble Supreme Court and dissuaded
from resorting to strike in any form. You may also issue instructions
not to sanction Casual Leave or other kind of leave to employees if
applied for, during the period of the proposed strike and ensure that
the willing employees are allowed hindrance free entry into the office
premises. For this purpose, Joint secretary (Admn) may be entrusted with
the task of coordinating with security personnel. Suitable contingency
plan may also be worked out to carry out the various functions of the
Ministry/Department.
5. In case the employees go on strike, a
report indicating the number of employees who took part in the proposed
strike may be conveyed to this Department on the evening of the day.
With kind regards,
Yours sincerely,
sd/-
(Manoj Joshi)
Joint Secretary (AT and Admn.)
Participation
in any form of strike/mass casual leave / boycott of work etc., by
Government servants - CCS(Conduct)Rules - regarding.
File No.33012/1(S)/2008-Estt(B) (Pt)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Dated the 2nd September, 2008
OFFICE MEMORANDUM
Subject :- Participation
in any form of strike/mass casual leave / boycott of work etc., by
Government servants - CCS(Conduct)Rules - regarding.
The
undersigned is directed to say that the Instructions issued by the
Department of Personnel & Training prohibit the Government servants
from participating In any form of strike including mass casual leave,
go-slow etc. or In any way abet any form of strike which will be in
violation of Rule 7 of the CCS(Conduct) Rules, 1964. The Supreme Court
has also agreed in several that going on a strike is a grave misconduct
under the Conduct Rules and that misconduct by the Government employees
is required to be dealt with inaccordance with law. Any employee going
on strike in any form would face the consequences which, besides
deduction of wages, may also include appropriate disciplinary action.
2.
A Joint Consultative Machinery (JCM) for Central Government employees
is already functioning, this scheme has been introduced with the object
of promoting harmonious relations and of securing the greatest measure
of cooperation between the Government, In its capacity as employer, and
the general body of its employees In matters of common concern, and with
the object, further of increasing the efficiency of the public service.
3. Therefore, apart from the fact that any form of strike/mass
casual Leave / boycott of work would be in violation of the CCS(Conduct)
Rule, going on any form of strike will also not be in the Interest of
the employees. Accordingly,the undersigned is directed to convey that if
any employee or an association / group
of employees, under any
nomenclature, indulge in any form of strike/boycott of work in pursuance
of any alleged demands, or send any letter conveying of their intention
to organize any such event, in terms of the provisions mentioned in
para-I above, the salary of such employees for the day/days in question
shall not be paid and the details of such employees shall have to be
intimated by the concerned office where such an event took place to the
Administrative Ministry/Department concerned, within 15 days of such
incident for a decision on how to treat the unauthorized absence
occasioned by such an action by the employees. This will be without
prejudice to any disciplinary action that may be intimated against such
employees. All Ministries/Departments are requested to bring the
contents of this O.M. to the notice of all concerned offices under them.
sd/-
(Suneel K.Arora)
Secretary to the Government of India
Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Nationwide-General-15022013.pdf]
