Dear Comrades,
Source: NFPE
13TH & 14TH NOVEMBER
2011.
HISTORY
OF CASUAL LABOUR SYSTEM IN DEPARTMENT OF POSTS OUR TASK.
The system of engaging
casual labour is in existence in the dept since undivided P & T department.
Due to many struggles by the then NFPTE organizationally and legally in the
year 1987 Honorable Supreme Court intervened and gave a land mark judgment on
how wages are to be paid and regularization has to be made. Basing on that
department of personal & training issued orders. Even before the judgment
DOPT issued orders vide OM no 49014/18/84-esstt (C) dated 7-5-85 for one time
relaxation to absorb casual labour against regular group D vacancies even
though they were not recruited through employment exchange and also made it
clear that future engagement should be through employment exchange only. In
spite of this engagement of new casual labours is continued with out adhering
to the conditions laid down by the DOPT.
After
the supreme court verdict department of posts issued an order vide no 65-24/88-spb I dated 17-5-89 declaring all
mazdoors, casual labours, contingent paid staff daily wager, daily rated
mazdoor and outsiders are to be treated as casual labours. It was clarified
in the same order that those who work for not less than 8 hours a day are full
time casual labours and those who work less than 8 hours are part time casual
labours. These casual labours will have priority in absorption as group D after
the non test category group D and extra dept agents. The eligibility criterion
was fixed as 240 days engagement in a year for full time casual labours and 480
days engagement in 2 years for part time casual labours. In spite of this
orders the regularization of full time and part time casual labors was not done
in many divisions.
The issue of
regularization of full time casual labours as group D was a demand fought by
the P&T trade union movement i.e. NFPTE for a long time. The dept of posts
again issued an order called as ''grant
of temporary status and regularization scheme" in the year 2001. The
scope was further increased vide orders dated 1-11-95 extending the eligibility
date from 29-11-85 to 10-9-93. After granting temporary status and working for
3 years in that status they will be treated on par with temporary group D even
though group 'D' posts are not in existence.
The Para 1 of the dept of
posts orders dated 12-4-91 states that temporary status would be conferred on
those who have rendered continuous service of at least one year with 240 days
(206 days in administrative offices) is taken as one time measure by the
authorities to deny other casual labors who complete this conditions as and
when they could get 240 days of engagement in a year subsequent to issue of
these orders. This interpretation is arbitrary and unjustified. Because of this
interpretation thousands of full time /part time casual labors who have
completed this condition in subsequent years are not allowed to be conferred
the temporary status and the consequential benefits due to lack of vacancies
even though temporary status was conferred they could not be regularized. As
per the earlier orders of the dept of posts the part time casual labours who
have rendered 480 days in 2 years are to be converted into full time casual
labours. This benefit is taken away by the dept in the subsequent orders
there by they were denied of temporary status and consequent benefits. But dept
of telecommunications extended the scheme and implemented in 1997 but similar
extension is not allowed in the dept of posts so far even though both are under
the same ministry of communication and IT.
Subsequently Honorable
CAT Hyderabad in OA no 389 delivered judgment to grant temporary status to all
those FTCLs who completed 240 in a year and PTCLs who completed 480 days in 2
years. But dept approached Honorable Ap
High Court and the High Court upheld the decision of the honorable CAT in its
judgment on 8th September 2010 by dismissing their writ petition filed
by the dept. but till date the same is not been implemented resulting in
compulsion on the casual labors to file contempt of court suite. After filing
contempt of court suit hurriedly department approached hon'ble supreme court
and filed SLP WHICH WAS DISALLOWED by the apex court. After such hectic
continued process only department granted temporary status to those employees
who won the case. This clearly shows how department is adamant towards casual
labor working in the department and dealing the issue of casual labours.
Wages : As per the directions of the honorable
supreme court vide its verdict in 1987 the wages of part time/ full time casual
labour are to be revised from 1-1-2006 i.e. from the date of effect of
implementation of 6th pay commission report to regular employees.
But orders were issued for revision of wages of casual labours that were
conferred with temporary status but even though a long gap is there orders were
not issued in respect of full / part time casual labours. in some circles even
payment of DA to the contingent employees on pre revised wages which was paid
regularly was stopped in the name of clarification from directorate. Payment of
arrears file is tossing from one section to other on the plea of not receiving
the information from circles.
Instead of issuing orders
for revision of wages all of a sudden one order were issued to all cpm'sg to out source these cadres. This
is nothing but violation of fundamental rights given by the constitution of
India and naked violation of honorable apex court full bench judgment. Against
this immediately NFPE responded and gave a programme of call attention day on
10-2-2011 and chelo cpmg office
on 03-03-2011. Directorate issued modification order restricting this to only
administrative offices. On the immediate intervention of NFPE only this was
stopped.
Daily rated mazdoors:
a new section of casual employment called as daily rated mazdoors came into
existence in the department of posts. They are employed in mail business
centers i.e. almost in every mail offices and for clearing the arrears of data
entry. They are attending to the duties of Pas
and SAs i.e. sorting of letters, booking of speed post articles and data entry.
No uniform procedure is being followed through out the country in respect of
their wages. A uniform rate has to be fixed through out the country.
Keeping in view the above
situation the FOLLOWING DEMANDS are to be highlighted for early settlement
along with the issue of implementation of revised wages from 1-1-2006
DEMANDS
1] REGULARISE ALL PART TIME,FULL TIME CASUAL LABOURERS
AND GRANT ALL benefits INCLUDING PENSION AND ENSURE JOB SECURITY TO ALL
EXISTING CASUAL, CONTINGENT & CONTRACT WORKERS.
2] Revision
of wages of all full time / part time casual labours and payment of arrears
from 1-1-2006.
3] The condition of 1-9-93 in respect of FTCL /
PTCL for absorption against the vacancies of MTS has to be removed keeping in
view the AP HIGH COURT judgment which stated clearly that all PART TIME CASUAL
LABOURS WHO WORKED FOR 480 DAYS IN TWO YEARS SHOULD BE TREATED AS TEMPORARY
STATUS CASUAL LABOUR FOR THE PURPOSE OF ABSORPTION WITH OUT ANY CONDITIONS
THOSE WORKING UPTO 2010.
4] Fixing
of uniform rates to daily rated mazdoors who are attending to the duties of PA
/SA on the minimum of their pay.
5] Ftcl/ptcls are to be given priority
against gds vacancies before
giving open notification honoring the assurance given by the department at the
time of discussions on strike charter.
6] All
the posts of PT CONTINGENT be converted as GDS and the present employees
working in those posts may be absorbed as one time measure to settle the issue
permanently.
7] No new casual labor be engaged further and no
out sourcing in the department.
8] ISSUE OF IDENTITY CORDS TO ALL THE CASUAL
LABOURS
9] REVISION OF HOURLY RATE OF SHORT DUTY STAFF
ON PAR WITH 6TH PAY COMMISSION WAGES
The number of casual workers is increasing
day by day due to the policy of privatization in every sector including central
govt organizations. It is the duty of the organized working class to organize
these sections and bring them into the working class movement. Confederation of
central govt employees and NFPE took
a decision to form casual labours union. Still many circles are lagging behind
in forming state level organizations. Till now in west Bengal Andhra Pradesh
Kerala and UTTARANCHAL circles state level units were formed. In some circles
like Tamilnadu efforts are going on. Nfpe
federal executive decided to conduct ALL INDIA CONVENTION at TIRUPATHY
to form ALL INDIA UNION. Accordingly all India union was formed today in this
convention with the name as "ALL INDIA POSTAL CASUAL, PART TIME,
CONTINGENT & CONTRACT WORKERS FEDERATION" so that the process of
forming state level committees will be speeded up and the most down trodden
will be brought under the banner of NFPE. Unless circle unions of nfpe took steps effectively the task
will not be completed. Hence all the circle co ordination committees of the
circles are requested to take it as a serous task and circle unions may be
formed and brought under the banner of THIS FEDERATION to strngthen the working class movement in DEPARTMENT OF POSTS.
Without fulfilling this task we cannot
achieve the objective of united strength in postal wing which is the only way
for settlement of demands of entire postal workers.
Casual Labor Union Zindabad
Nfpe
Zindabad
Workers Unity Zindabad
Source: NFPE
