1

Ministry of Labour and Employment (Central), 8/08/2017

Ajmer-305004.

Kind attention:- Dy CLC, ALC

Re: - Cognizance of Unfair Labour Practices

V/s The General Insurers Public Sector Association (GIPSA) &

The New India Assurance Co. Ltd (NIACL)

Rules abbreviations used against the workman in between 2008 to 2011

1. NIAC CDA Rules New India Assurance (a)Never published as

2003 Company Conduct printed book from 2003 to
Discipline and Appeal calendar year of 2009
Rules (b) Never placed on public
domain
2. NIACL CDA Rules Limited is playfully .as above
2003 added to above
3. GICDA Rules General Insurance Published in a booklet by
1975 Conduct ,discipline NIACL during 2008
and Appeal Rules Supplied to workman as a
citizen of India in terms of
Right to Information Act
3 different CDA Rules:-

a. Gyapan(s) of So called domestic CDA rules No.3 above

February 2008 and inquiry/investigations
May 2008 took place between
2008-2009
b. Two penalty orders of November 2009 CDA rules No.1 above
c. Two rejection of of May 2010 CDA rules No.2 above
appeal(s)
d. chairmans order of June 2011 CDA rules No.2 above
The workman , a stickler for Rules, seeks personal presence of CVO NIACL and
GIPSA chairman,for conciliation because of :-

Are there ethics applicable to Yes,there is (a) Book of Dos and

decision makers of NIACL/GIPSA
Relevant ethics from book:-
DO NOT
Is there a direction not to harass
the workman
Donts
-be arbitrary and capricious in your
decisions
-delay decisions and retain the
files for long
Yes, April 2008 directions issued by
Central vigilance commission (CVC)
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1. Facts:- (a). Every NIACL

The workman is appointed with employee is issued an
effect from 24/2/1988 at Ajmer order of being
NIACL ,his designation is Hindi relieved from
Translator. Status continues workplace. No such
,there is neither a consent nor communication is ever
any order for change in his issued to workman.
NIACL Ajmer argues designation.
the workman is not
their employee The workman is issued a transfer (b) inspite of two
order 5/6/2007 transfer orders there
The high court directs status quo. is no communication
The workman was issued an from either office of
order dated November 2009 of NIACL to workman to
dismissal upon presumption that join duties.
he is an assistant.
The only grave charge alleged
against the workman is:-
Transfer Policy (TMP)
as approved by GIPSA
stipulates no transfer
without need.

2.
NIACL argues the CGIT-labour court, order dated Ministry of Labour
matter is sub- 12/4/2016 that applicant publishes the award
judice (workman) has applied to dated 13/6/2016
withdraw the reference and the
employer vide communication of
15/10/2015 has no objection.
3. GIPSA has not 3. That the recruitment to the post of As submitted to the
Hindi Translator was made by the
appeared before New India Assurance Co. Ltd. Rajasthan High court,
you,however,its According to its service rules and Jaipur in respect of
further the post was categorized as S.B.CIVIL WRIT PETITION
fallacy is:- assistant vide order dated 24.03.2006. NO. 14838/2010

GIPSA tactics to evade NIACL admits that there is

injustice to Hindi Translators
its responsibilty the mandatory qualification
of an assistant is 12th std.
while a Hindi Translator (e.g.
the workman) is recruited
with ii class graduate, it has
referred the matter to GIPSA

The issues in the present circumstances, are:-

1. Whether the The service conditions Printed booklet

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punitive rules of of workman mention published as per NIACL

NIACL are General Insurance Head Office RTI reply***
manipulated to Conduct Discipline and of CPI Cell/2008/56
harass, intimidate Appeal (GICDA )Rules of dated 3.06.2008 by
and destroy the 1975*** as per Inderjeet Singh, Manager
career of an appointment letter.
honest hindi
translator
(a) February 2008 {Ex-parte}* Domestic
(c) May 2008 gyaapan* investigations held under
the GICDA Rules-1975
(b)Suspension orders Power from
dated 10.4.2008 GICDA Rules-1975

The Penalty orders of Domestic investigations

(a) and (c) swap rules of a branch manager
shockingly as NIAC CDA held under GICDA Rules-
Rules 2003 1975
.
Penalties awarded or February 2009:- CDA
ratified in terms of (a) ( CDA Rules named Rules of 2003 placed on
NIAC CDA Rules 2003 either NIAC CDA Rules, intranet (not public
(b) NIACL CDA Rules or NIACL CDA Rules domain) however ,
2003 during November remain secret from 2003 enforced from back date
2009 to June 2011 upto February 2009) of 2003)
As per news published Rajasthan High Court
in Dainik Bhaskar 6 says service rules cannot
August 2008 be altered by circulars

2. Whether the
NIACLs RTI reply to applicant
swapping of There is no circular workman dated 06.07.2017:-
punitive rules informing the GICDA We state the the New India
were ever Rules 1975 are Assurance Company Ltd.
(Conduct, Discipline and Appeal)
notified? swapped/altered Rules 2003 were in force from
2003 till 21.03.2014

3. Abuse of office of Vide reply dated 19 Existence of hindi

NIACLs chief Janauary 2009 the then translator is denied by
vigilance officer CVO, NIACL stressed 3 Head office of NIACLs
;did CVO wrote a times to Central Corp. Human Resource
wilful fraudulent Vigilance Commission
statement? that Mr. Soni is a Hindi
Translator
On August 22,2009 the workman informs The definition of employee is not applicable
the decision makers of NIACL:- to applicant with reference to # Rules 1975
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4. Is the designation of During entire Chief Regional Manager

workman swapped in disciplinary of NIACL Jaipur Regional
a vicious manner by proceedings from so Office issues non-
NIACL decision called gyapan to farce speaking transfer letter
makers? of enquiry@ to dt. 22.06.2011
penalties,its Mr. Shri Gopal Soni
ratification to Hindi Translator
chairmans order from C-231, Panchsheel
February 2008 to first Nagar,
half of June 2011 the Ajmer-305004
workman is addressed
as assistant.
@please see issue
no.6
5.
Is the Personnel Only the authority of NIACL chairmans no
manual of the NIACL chairman is specific order how the
being followed by empowered to create post of the workman is
NIACL decision post of an employee in abolished or re-created
makers? the NIACL
6.
Jaipur NIACL informs to
Are the manipulative comply with Supreme Courts
decision makers of transfer of RTI on 22/ 12 the English version of charge
/2009 in reply of workmans sheet was never supplied to
NIACL taking you
RTI 14 /11/2009
advantage of a
working class? The central information appellant is an employee
commission records 12 of the ..(respondents) at
Was domestic June 2008 reply of Jaipur and was placed
enquiry/investigation Manager(s) of NIACL Head under suspension for
an empty formality? office:- insubordination and
misconduct.
7. The workman,despite
Is NIACL or its Less than 7% of the keeping best insurance
association GIPSA an alleged corrupt (in qualifications ,of no
honest/equal terms of Prevention of vigilance or audit
opportunity Corruptionn Act) in the remark during career of
employer NIACL are put to two decades {February
suspension. 1988-2008} is never
promoted.

SHRIGOPAL SONI, (Workman-Hindi Translator)

C231,Panchsheel Nagar, Ajmer-305004. 91-9414982395 revribhav@gmail.com