Dear Comrades,
NATIONAL FEDERATION OF POSTAL
EMPLOYEES
1st Floor, North Avenue
Post Office, New Delhi – 110001
FEDERATION OF NATIONAL POSTAL
ORGANISATIONS
T-24, Atul Grove Road, New Delhi –
110001
No. PJCA/JCM(DC)/2015 Dated – 13.07.2015
To
Mrs. Kavery Banerjee
Secretary,
Department of Posts,
Dak Bhawan, New Delhi
– 110001
Sub: - Irregular and
arbitrary allotment of one seat in the JCM Departmental Council to BPEF –
regarding.
Madam,
Ref: - Your
letter No. 06/02/2002-SR (Vol.II) dated 24th June,2015 addressed to
Secretary General, BPEF, calling for nomination to JCM Departmental Council.
Your kind attention is
invited to the above referred letter sent by your office, addressed to
Secretary General, BPEF, calling for nomination to JCM Departmental Council,
Department of Posts. While expressing our strong protest against the unilateral
decision of the Department to allot one seat to a BPEF affiliated Association,
we would like to bring the following facts to your notice.
(a)JCM Scheme came into existence by a declaration of joint intent
which is signed by all participating organisation and the Government. It is an
agreement between the Government and Staff side. It is applicable to only those
organizations which are signatories to the joint intent. As such, allocation of
one seat to an organisation (BPEF) which is not a part of JCM scheme is highly
irregular, arbitrary and illegal.
(b)As per the JCM
Scheme – “When there has been a recognised
Federation or Federations representing broadly
and adequately all the categories of employees of a Department only
that Federation or Federations will be recognised for the purpose of JCM”. In
the last membership verification conducted by the Department the total
percentage of membership of BPEF was only 4%. Only two Associations affiliated
to BPEF, representing only two categories of employees are recognised. BPEF
affiliated Associations are not recognised in all other categories of postal
employees which constitute majority of the employees.
(c)Considering the above facts mentioned in
para (C), the Department has not granted recognition to the BPEF. Calling for
nomination to the JCM Departmental Council from an unrecognised
Federation amounts to violation of orders issued by
DOP&T on the JCM Scheme and also the rules under the CCS (RSA) Rules 1993.
An unrecognized Federation which is not a party of the joint intent of JCM
Scheme, cannot nominate any member to the JCM Departmental Council The decision
of the Department to allot the seat to BPEF is against the guiding principles and spirit of JCM Scheme.
(d)As per the Terms and
conditions under which service Associations are recognised under the CCS (RSA)
Rules 1993, a service Association shall cease to be affiliated to any
Federation, if such Federation is not recognised by Government. Hence there is
no question of BPEF which is an unrecognized Federation, nominating a member
from an affiliated Association. There cannot be an affiliated Association to an
unrecognized Federation.
(e)As per the JCM scheme
any alterations, modifications or amendment to the scheme including the allocation of seats can be made only by mutual
agreement of the Staff side and Government. In the joint intent signed by staff
side and government, the distribution of seats in the JCM are made as per
mutual agreement reached. It is clearly stated that – “Both the parties are agreed that any provision of this declaration
or of the scheme could be amended by mutual agreement only”. Hence the
present decision of the Department to include an unrecognized Federation under
the purview of JCM scheme violates the fundamental principles of the JCM
scheme.
(f)Distribution of seats in the JCM Departmental Council to the recognised Federations is
decided in consultation with the staff side. As such any change or increase in
the distribution of seats can be made in consultation with the existing staff
side members including Leader and Secretary of the staff side.
In view of the above, we request you
to review the entire case and withdraw the decision to grant one seat in the
JCM Departmental Council to BPEF.
Expecting
immediate action,
Yours faithfully,
(R. N.
PARASHAR)
(D. Theagarajan)
Secretary General, NFPE Secretary General, FNPO
& Leader, JCM Departmental &Member,
JCM Departmental
Council (Staff
Side)
Council (Staff Side)
( GIRIRAJ SINGH)
Secretary
JCM D
C (Staff Side)