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trade union rulings

trade union rulings

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Published by: K V Sridharan General Secretary P3 NFPE on Jan 16, 2010
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02/23/2013

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1
PREFACEPREFACEPREFACEPREFACE
 
Dear Comrades,During my interaction with many Divisional Secretaries, many felt that a detailed book on TradeUnion facilities will felicitate them for countering the problems. I too felt that such kind of referencebook is the need of the hour.Since we have to publish the updated constitution of the union duly incorporating all the amendmentsupto Guntur conference, we realised that it is the opt time to publish the update constitutionalongwith the compilation of Trade Union facilities.Some of the orders seem to be old and irrelevant. But we have published them since those orderswere containing some instructions applicable to this date also. We have taken much pain to releasethe same without any arrears or ommisisons.The corrected constitution of the Union & the Trade Union facilities is being released to mark theoccassion of the Central Working Committee Meeting held at Kurukshetra form 14.07.09 & 15.07.09.On this happy occasion. I fervently request to send suggestions from our comrades for making thecompilation a more perfect and purposeful in subsequent editions.Comradely yours(K. V. Sridharan)General Secretary 
14.07.2009
 
2
COMPILATION OF INSTRUCTIONS ON MATTERS CONCERNINGSERVICE ASSOCIATIONS IN DEPARTMENT OF POSTS
(D.G Posts No. 10-1/2004-SR dt. 25.06.2004)
I RECOGNITION
1.
 
Recognition to Service Associations representing Departmental employees in the Department of Posts is granted under the CCS (RSA) Rules, 1993.2.
 
The verification process for the purpose of recognition is conducted through a check -off systemwhich is carried out in the Department once every two years in terms of Department of Personnel& Training (DOP&T) O.M. No. 2-10/80-JCA dated 31
st
January, 1994. Consequently recognitiongranted to all eligible associations is also valid for two years, after which re-verification processdetermines their future status. All Service Associations recognized or otherwise, have to applyafresh for participation after every 2 years, for the purpose of seeking recognition. Each ServiceAssociation in the Department has to operate under one of the 15 distinct categories of Departmental Employees enlisted at Annexure - I and as specified by the Department vide letterNo. 13-1/93-SR dated 10.08.94, O.M. 13-1/93- SR (Volume II) dated 29.11.95, No. 13-14/96-SRdated 15.10.96, No. 13-22/98 -SR dated 19.02.99, No. 13-30/98-SR dated 28.06.99.Note: - As per instructions issued vide DOP&T OM. No. 2/13/98 JCA dated 11
th
February 2002 theperiodicity of reverification process for the purpose of Recognition has been increased from 2to 5 years. Since the matter of verification process in the Department of Posts is subjudice theabove instructions have not yet been brought in to effect.3.
 
As a general rule, the Service Associations are granted Recognition on All India Basis i.e. AllIndia Bodies are recognized. The All India Associations so recognized may form branches atCircle, Divisional and local levels subject to grant of permission by this Department and asprovided in their constitutions, which have to be duly approved by the Government. The branchesso formed are entitled to get union facilities as per instructions on the subject from time to time.No separate orders extending union facilities are required to be issued from this Department foreach newly opened branch at lower level.4.
 
The union facilities herein mentioned are admissible to the recognised Service Associations only,unless specifically relaxed in favour of the non-recognised Service Associations.5.
 
The terms and conditions under which the Service Associations are recognized are enumerated atAnnexure - II.6.
 
An up to date list of the recognised Service Associations is appended at Annexure - III. Anotherlist of Associations, affiliated to Bhartiya Postal Employees, Federation, though unrecognised butare being extended limited trade union facilities is at Annexure - IV.
(i)
 
ASSOCIATION OF GOVERNMENT SERVANTS FORMED ON THE BASIS OFCASTE, TRIBE OR RELIGION - RECOGNITION OF.
The undersigned is directed to say that a growing tendency is being noticed among Governmentservants to form service associations on the basis of caste, tribe or religion. The Government of Indiaconsider that in the prevailing conditions it would be most undesirable and improper if serviceassociations of Government servants, stated being so organised. They further considered that suchtendency should be firmly discouraged. It has accordingly been decided that no service association of Government servants which is formed on the basis of caste, tribe or religion, should be accorded
 
3recognition for any purpose whatever, or granted any kind of facilities. It is requested that this positionmay kindly be brought to the notice of all concerned for their information and guidance.In a way, it is implicit in clauses (b) and (c) of the Central Civil Services (Recognition of ServiceAssociations) Rules, 1959, that a service association cannot be restricted to a group of Governmentservants belonging to a particular caste, tribe or religion. In order to make the intention quite clearhowever, these rules have been suitably amended, vide this Ministry's Notification of even No. dated11
th
September, 1962. It is requested that the Ministries of Defence, Railways, etc. who have their ownrules for recognition of service associations and unions of the staff employed under them, may make asimilar provision in those rules.
(OM. No. 24/10/62/-EST (B) dt. 22.09.62 of Ministry of Home Affairs)
II CHANNEL OF COMMUNICATION
No. 13-2/68-SRdated 16.3.681.
 
While Government Servants are free to join any Association, subject to theconditions laid down in the CCS (Conduct) Rules - 1964, the Governmentdoes not enter into correspondence with any Association unless it has beengranted Recognition by the Government for such purpose. Therefore, as arule no correspondence should be entered into with any unrecognizedservice Associations nor copies of their letters etc. be forwarded to anysubordinate unit for action.Note: - With the promulgation of CCS (RSA), Rules, 1993, the membership isrestricted to particular category to which the employee belongs, asidentified by the Department. (Annexure I).No.STB/100-19 /52-STA dated28.10.522.
 
The All India Service Associations have their branches at Circle,Divisional and local levels. The Central Association and their branchesshould correspond directly only with the authorities in charge of the Unitthey represent i.e. local level Service Associations should corresponddirectly only with local authority and Divisional Association withDivisional authority, the Circle-level Service Associations with the Headof the Circle and the Central Unit of the Service Associations with theSecretary (Posts) or the Government through the Secretary (Posts).No. 31-3/81-SRdated 17.8.81 &No. 10-3/84-SRdated - 15.6.843.
 
Representations from the Service Associations are limited to the matterconcerning the unit they represent i.e. a Divisional Service Associations isto take up the matters concerning the Divisions as a whole, the CircleService Associations to take up matters concerning the circle as a wholeand the Central Associations to pursue matters of All India interest. If alocal unit of Service Associations is not satisfied with the decision or replygiven by its accredited authority, the next higher level of the ServiceAssociations may take up the such matters with its accredited authorityand while doing so, the Association should clearly state that the matterwas taken up initially with the lower authorities concerned but without anysatisfaction. If the Central level of the Association intends to take up thematter concerning a particular circle, it may submit a representation to theSecretary (Posts) but should clearly indicate in the representation the factthat the circle level of the Association had taken up the matter with theHead of the Circle, specifying the reference of the same and the replythereto received from him.No complaint/correspondence will be entertained by the Administration if these are not addressed to the accredited authority.No. 16-2/65-SR 4.
 
No action is to be taken on direct references from local Service

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