: BHARAT SANCHAR NIGAM LIMITED (A GOVERNMENT OF INDIA ENTERPRISE) SR_ CELL, Corporate Office - 8th Floor, Bharat Sanchar Nigam, ‘OHARA SANCHAR NIGAM LTD. Harish Chander Mathur Lane, Janpatt, ‘New Deihi-110 00 No. BSNLI7-14/SRI2013 Dated, the 2. “October, 201% To 1 AILCGMs, BSNL 2 GM(Pers.)/. GM (Admn.), BSNL C.0. Sub: Notice for agitational program by various Association in support of their demands ~ maintenance of services and office Sir Of late, growing tendency has been noticed among the Associations to give notice for agitation frequently and at a very short notice. They have been advised time and again not to resort to agitation informing them of various provisions of BSNL REA Rules, 2014 and CDA Rules prohibiting such activities. Despite such advices, again notices have been received from various Associations to go on Mass Casual Leave. Needless to say that mass casual leave of the employees seriously would affect the health and functioning of the company. 2 it is mentioned that Mass Casual Leave implies mass absentation from work without permission. Controlling Officers may note that Mass Casual Leave cannot be sanctioned, as it amounts to recognise their unlawful activity. It is also reiterated that Leave cannot be claimed as a matter of right when the exigencies of the public service so require. Discretion to refuse or to revoke leave of any description is reserved to the controlling authority. 3. It is asserted that the executives play a vital role in the functioning of the company. Their contribution is highly important in the overall growth of the company. ‘They run the business and operation of different verticals and theiractive participation at every level is required to meet the challenges BSNL is facing Hence, it is not expected of them to resort to such types of activities which are detrimental to the growth of the company. Moreover the ist membership verification process for recognition of executive association is in a very advanced stage. Such activities are highly undesirable and would seriously affect the Preparations. 4. In this regard following provisions of BSNL REA Rules, 2014 are brought to the notice of all concerned: “the association eschews completely the agitational approach such as resorting to strikes or practices or conduct, which aré likely to result in or result in cessation or substantial retardation of work and also to coercion or physical duress. [para 11(3)]” 5. The instructions of Govt. of India clearly state that the periods during which employees participate in strike or demonstration or any other form of agitation, have to be treated only as unauthorised absence and they will not be entitled to pay and allowances for such unauthorised absence on the basis of the principle "No Work, No Pay”. These instructions are reiterated in view of the frequent attempts for such activities and growing indiscipline. As per the extant instructions, the period of unauthorised absence is regulated on the principle of "no work no pay” hence, and hence no show cause notice is required 6. The provisions of BSNL CDA Rules as below are also brought to the information of all concerned Rule 5. MISCONDUCT Without prejudice to the generality of the term ‘misconduct’ the following acts of omission and commission shall be treated as misconduct: Subrule(23): Participation and/or inciting others to participate in strikes, gherao, go slow and similar other agitational activities, or abetting, inciting, instigating or acting in furtherance thereof. Rule 8, DEMONSTRATIONS AND STRIKES No employee shall- (1) engage himself or participate in any demonstration which is prejudicial to the interest of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public ordér, decency or morality, or which involves contempt of court, defamation or incite mentto an offence, or(2) resort to or in any way abets any form of strike or coercion or physical duress in connection with any matter pertaining to his service or the service of any other employee of the Company. 7, Tam, therefore, directed to request the Head of Circles to keep a close watch ‘on the employees participating in strike, agitation etc. and initiate suitable action against them without awaiting further instructions from Corporate Office. They are also requested to take all actions necessary to ensure maintenance of services and office discipline. The action may be taken accordingly, please. Yours faithfully, (A.M. Gupta) GM (SR), BSNLC.O. Copy for information to 1. PS to CMD, BSNL 2. PS to Director (HR), BSNL.