PROTEST LETTER ADDRESSED TO THE SECRETARY (POSTS) AGAINST IRREGULAR ALLOTMENT OF ONE SEAT TO BPEF IN JCM (DC)
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
Mrs. Kavery Banerjee
Department of Posts,
Dak Bhawan, New Delhi – 110001
Sub: - Irregular and arbitrary allotment of one seat in the JCM Departmental Council to BPEF – regarding.
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 representingbroadly 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 Federationamounts 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,
(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)
JCM D C (Staff Side)