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PREFACE
Dear Comrades,

During my interaction with many Divisional Secretaries, many felt that a detailed book on Trade
Union facilities will felicitate them for countering the problems. I too felt that such kind of reference
book is the need of the hour.

Since we have to publish the updated constitution of the union duly incorporating all the amendments
upto Guntur conference, we realised that it is the opt time to publish the update constitution
alongwith the compilation of Trade Union facilities.

Some of the orders seem to be old and irrelevant. But we have published them since those orders
were containing some instructions applicable to this date also. We have taken much pain to release
the same without any arrears or ommisisons.

The corrected constitution of the Union & the Trade Union facilities is being released to mark the
occassion 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 the
compilation a more perfect and purposeful in subsequent editions.

Comradely yours

(K. V. Sridharan)
General Secretary

14.07.2009
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COMPILATION OF INSTRUCTIONS ON MATTERS CONCERNING


SERVICE 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 system
which 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 recognition
granted to all eligible associations is also valid for two years, after which re-verification process
determines their future status. All Service Associations recognized or otherwise, have to apply
afresh for participation after every 2 years, for the purpose of seeking recognition. Each Service
Association 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 letter
No. 13-1/93-SR dated 10.08.94, O.M. 13-1/93- SR (Volume II) dated 29.11.95, No. 13-14/96-SR
dated 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 the
periodicity of reverification process for the purpose of Recognition has been increased from 2
to 5 years. Since the matter of verification process in the Department of Posts is subjudice the
above 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. All
India Bodies are recognized. The All India Associations so recognized may form branches at
Circle, Divisional and local levels subject to grant of permission by this Department and as
provided in their constitutions, which have to be duly approved by the Government. The branches
so 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 for
each 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 at
Annexure - II.

6. An up to date list of the recognised Service Associations is appended at Annexure - III. Another
list of Associations, affiliated to Bhartiya Postal Employees, Federation, though unrecognised but
are being extended limited trade union facilities is at Annexure - IV.

(i) ASSOCIATION OF GOVERNMENT SERVANTS FORMED ON THE BASIS OF


CASTE, TRIBE OR RELIGION - RECOGNITION OF.

The undersigned is directed to say that a growing tendency is being noticed among Government
servants to form service associations on the basis of caste, tribe or religion. The Government of India
consider that in the prevailing conditions it would be most undesirable and improper if service
associations of Government servants, stated being so organised. They further considered that such
tendency 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
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recognition for any purpose whatever, or granted any kind of facilities. It is requested that this position
may 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 Service
Associations) Rules, 1959, that a service association cannot be restricted to a group of Government
servants belonging to a particular caste, tribe or religion. In order to make the intention quite clear
however, these rules have been suitably amended, vide this Ministry's Notification of even No. dated
11th September, 1962. It is requested that the Ministries of Defence, Railways, etc. who have their own
rules for recognition of service associations and unions of the staff employed under them, may make a
similar 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-SR 1. While Government Servants are free to join any Association, subject to the
dated 16.3.68 conditions laid down in the CCS (Conduct) Rules - 1964, the Government
does not enter into correspondence with any Association unless it has been
granted Recognition by the Government for such purpose. Therefore, as a
rule no correspondence should be entered into with any unrecognized
service Associations nor copies of their letters etc. be forwarded to any
subordinate unit for action.

Note: - With the promulgation of CCS (RSA), Rules, 1993, the membership is
restricted to particular category to which the employee belongs, as
identified by the Department. (Annexure I).

No.STB/100-19 2. The All India Service Associations have their branches at Circle,
/52-STA dated Divisional and local levels. The Central Association and their branches
28.10.52 should correspond directly only with the authorities in charge of the Unit
they represent i.e. local level Service Associations should correspond
directly only with local authority and Divisional Association with
Divisional authority, the Circle-level Service Associations with the Head
of the Circle and the Central Unit of the Service Associations with the
Secretary (Posts) or the Government through the Secretary (Posts).
No. 31-3/81-SR 3. Representations from the Service Associations are limited to the matter
dated 17.8.81 & concerning the unit they represent i.e. a Divisional Service Associations is
to take up the matters concerning the Divisions as a whole, the Circle
Service Associations to take up matters concerning the circle as a whole
and the Central Associations to pursue matters of All India interest. If a
local unit of Service Associations is not satisfied with the decision or reply
given by its accredited authority, the next higher level of the Service
Associations may take up the such matters with its accredited authority
and while doing so, the Association should clearly state that the matter
was taken up initially with the lower authorities concerned but without any
satisfaction. If the Central level of the Association intends to take up the
matter concerning a particular circle, it may submit a representation to the
Secretary (Posts) but should clearly indicate in the representation the fact
that the circle level of the Association had taken up the matter with the
Head of the Circle, specifying the reference of the same and the reply
thereto received from him.
No. 10-3/84-SR No complaint/correspondence will be entertained by the Administration if
dated - 15.6.84 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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dated 03.08.66 Associations except when specifically ordered by Minister/Minister of


State/ Secretary (P) /Member of the Postal Services Board. On behalf of
Service Associations their General Secretaries or Presidents should address
the Administration. The Assistant General Secretaries or the Deputy
General Secretaries wherever specifically authorized by their General
Secretaries may also address communication to the Administration but the
reference made by them should contain a clear communication that the
same are being made under the authority of General Secretary concerned.
No. 31-3/66-SR 5. The Administration will address replies to communications from the
dated 24.11.66 Service Associations to the General Secretaries and to the Headquarters
address of the local Associations concerned with the only exception of DO
letters from the Presidents. Replies to such DO letters may be sent to the
Presidents but this will also be invariably addressed to the Headquarters
address of the Service Associations unless the sender of the reply is of the
opinion that there are special reasons of circumstances for sending a reply
direct to the address of the Presidents.

No. 16-2/77-SR 6. The Service Associations shall not espouse or support the cause of
dt.07.07.72 individual Government Servants relating to service matters. When such
references are received, the Service Associations may be informed that they
are precluded from taking up individual cases with the Administration and
as such, their references are being filed.
No. 16-6/65-SR 7. Creation and abolition of posts is purely an administration matter and it is
dated 31.3.65 not a subject which the Service Associations can discuss with the
Administration. It is for the Department to decide whether particular post is
justified or not and it is not the function of the Associations to determine
the justification or otherwise of the post. Views of the Service Associations
may, however, be considered when the question is examined on merit. No
correspondence will be entertained with the Service Associations regarding
creation of individual posts. The question of fixation of standards for
creation of posts is a different issue and does not fall in the above category.
No. IR No. 1591- 8. Wherever standard of creation of posts have to be examined, Service
SR/79- SR dated Associations can take these up for implementation even if these justify only
12.7.79 a solitary post in regard to any particular office. However, no
correspondence from Service Associations on the merit of
creations/abolition/conversion of individual posts, standards for which have
not been determined will be entertained, though their views may be taken
into account when the mater is considered in normal course.
No. 31-2/83-SR 9. The Service Associations are not authorized to form regional branches for
dated 5.6.84 & meetings (formal or informal) with regional head. The circle units of the
No. 31-2/85-SR Service Associations representing the Postal Accounts Employees are
dated 29.10.86 permitted to form branches (local units in the offices of Director of
Accounts (Postal).

CHANNEL OF COMMUNICATION OF CIRCLE UNIONS WITH THE REGIONAL/AREA


DIRECTORS

I am directed to invite your attention to this office letter No. 31-3/79-SR dt. 18.7.79 and No. 31-1/75-
SR dated 6-3/84 (addressed to General Manager Telephones, Calcutta, Bombay, Madras, Delhi) where
in, as a result of decentralisation of Postal and Telecom Circles a new channel of communication for
the Circles Unions with the Regional/Area Director, and Area/Managers was evolved according to
which formal bi-monthly meetings to the Circle Unions/Associations (except the Unions/Associations
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of Administrative Offices Employees) can be granted by the Area/Regional Director/Area Manager. It


was made clear in those orders that there shall be no separate branches of Unions at Regional/Area
level. Since the Circle unions were experiencing certain difficulties in going to the Regional/Area
Directors headquarters once in two months for holding the bi-monthly meetings, it was decided vide
this office letter No. 31-3/79-SR dt. 16.3.81 and 31-1/75-SR dt. 3.7.81 that any office bearer of Circle
Branch Unions who is located at the headquarter station of the Regional/Area Director and who is
authorised by the Circle Secretary shall be eligible to hold bi-monthly meetings and exchange
correspondence with the concerned Regional/Area Director. The Circle Secretaries are required to
furnish necessary particulars of the Circle Unions office bearer who shall represent the circle branch to
the Regional/Area Director.

It has come to the notice of the Directorate that some Unions have got Area Secretaries for their area
level branches and have also been insisting upon the Area/Regional Directors for grant of meeting etc
to the Area Secretaries. It is hereby clarified that formation of area branches by any union has not been
given cognisance by the Directorate nor any amendment to their constitution providing for formation
of branches at area level has been accepted by the Directorate. Therefore the question of grant of any
meeting or any other facility to such office bearers for the area branches as they call them, does not
arise. If any such office bearer also happens to be a Circle Union office bearer and happens to be
eligible for grant of bi-monthly meeting and exchange correspondence with the Regional/Area
Directors as per this office letter No. 31-3/79 SR dt. 16.3.81 and No. 31.01.75 SR dt. 03.07.81 he will
naturally be entitled for the meeting/correspondence as a Circle Union office bearer.

This may kindly be brought to the notice of all concerned.


(No. 31-2/83-SR dt. 5.6.84)

CHANNEL OF COMMUNICATION OF CIRCLE UNION WITH REGIONAL DIRECTORS


IN POSTAL CIRCLES

I am directed to draw your attention to the instructions contained in this office letter No. 31-3/79-SR
dated 16.3.1981 on the above subject. As per this, any officer-bearers of Circle branch union, who is
located at the headquarters station of the Regional Directors and is authorised by the Circle Secretary;
shall be eligible to hold bi-monthly meetings and exchange correspondence with the concerned
Regional Director. The Circle Secretaries shall furnish necessary particulars of the office-bearers who
shall represent the Circle branch to the Regional Directors.

The staff side in the Departmental Council represented that while the aforesaid arrangement has
generally been working satisfactorily, at times the union is faced with a situation where it has no
office-bearer of the Circle Union located at the Regional headquarters or its office-bearer located at
the Regional Headquarters is not in a position to hold meetings with the RDPS. The staff side,
therefore, urged that in such a situation which is exceptional; and Circle office-bearer, though not
located at the Regional Headquarters but serving within the jurisdiction of that RDPS, should be
allowed to correspond and hold meetings with the RDPS on the authorisation of the Circle Secretary.
The Chairman of the Departmental council agreed to the suggestion of the Staff Side.

It has therefore been decided that in partial modification of the instructions contained in this office
letter No. 31-3/79-SR dated 16.3.1981, in an exceptional case if there is no office-bearer of the Circle
union at the headquarter of the RDPs or the office-bearer located at the Regional Headquarters is
unable to shoulder the responsibility of maintaining correspondence and holding meetings with the
RDPS, it shall be open to the Circle secretary to authorise a circle office-bearer who is not located at
the headquarters of the RDPs but it serving within the jurisdiction of the RDPs to correspond and hold
meetings with the RDPs concerned.
(No. 31-2/85-SR dt. 29.10.86)
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CORRESPONDENCE WITH UNRECOGNISED UNIONS/ASSOCIATIONS.

I am directed to state that it has been complained by the National Federation of P&T Employees that
some Units of the Department are entering into correspondence with unrecognised
Unions/Associations. While Govt. servants are free to join any Association subject to the conditions
laid down in Rule 6 of the C.C.S. (conduct) Rules, 1964 the Government is not supposed to enter into
correspondence with them on their service grievances unless they have been granted recognition by
the Government for this purpose. Therefore, as a rule no correspondence should be entered into with
any unrecognised Union/Association nor copies of their letters etc. should be forwarded to any
subordinate unit for action etc.
(No. 13/2/68-SR dt. 16.03.68)

CHANNEL OF COMMUNICATION FOR UNIONS

Under instructions of the instructions for the recognition of the Unions of Government Servants issued
by the late Home Department in their O.M. No. F. 16/1/37-Public, dated 25.8.37 (reproduced in the
Director General's Special General Circular No. 31 dated 29.11.37) Government are required to
specify the channel through which representation from recognised unions should be submitted. No
specific instructions have been issued by Government in this behalf but they have from time to time
confirmed the instructions contained in your letter No. AM. 73. dated 7.4.23. It has been brought to
the notice of Government that letter of 7.4.23 is not comprehensive and is liable to different
interpretations. After very careful consideration of this matter, the Government have decided to clarify
the position and to lay down the following instructions in supersession of all existing orders on this
subject: -

(i) The All India Unions recognised by Government have their Circle branches, divisional and local
branches. Central Unions and their branches should correspond directly only with the P & T
authorities in charge of the units they represent i.e. a local union should correspond only with the
local authority, a divisional union with the divisional officer, a circle union with the head of the
Circle and the Central Union with the Director General or Government through the Director
General.

(ii) The scope of representations of the unions should also be limited to the maters concerning the
units they represent i.e. a divisional union should take up matters concerning the division as a
whole; a circle union matters concerning the circle as a whole and the Central Union matters of all
-India interest. If, however, a branch union is not satisfied with the reply given by the appropriate
authority, the next higher branch union may take up such matter with the head of the unit
represented by it. In doing so, the union should clearly state in its representation the fact the matter
was taken up by the branch union concerned with the lower authority and should also clearly state
reply or communication received from that authority. For example, if a Central Union intends to
take up a matter concerning a particular circle, it may submit a representation to the DG but should
bring out in the representation the fact that the Circle Branch Union took up the matter with the
head of Circle and also state the result of the same.

2. I am to request that channel of communication prescribed above may be brought to the notice of
all the recognised P & T Unions. The Central Unions should be instructed that they must not send
representations direct to the Government, but should send such representations through you.
(No. STB - 150-19/ 52 (SPA) dated 29.10.52)
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REPRESENTATION MADE TO HIGHER AUTHORITIES AGAINST THE DECISIONS OF


LOWER AUTHORITIES

I am directed to invite your attention to the instructions contained in this office letter No. STB/150-
19/52-STA dated 28.10.52, according to which the Unions at different levels should correspond with
the accredited authorities concerned and if a branch union is not satisfied with the decision or reply
given by its accredited authority, the next higher branch union may take up such matter with its
accredited authority and while doing so, the union should clearly, state that the mater was taken up
initially with the lower authorities concerned and state the replies or decisions received from that
authority. Similarly, if a Central union intends to take up the matter concerning a particular circle, it
may submit a representation to the Director General but should bring about in the representation the
fact that the Circle union took up the matter with the Head of Circle and also state the reference of the
same. However, it has been noticed for sometime past that on many occasions the Central Unions,
while taking up matter relating to Circles or lower authorities do not supply such information. On
enquiry, the matters of representations or allegations were found to be without any basis or facts. Such
representations unnecessarily involve avoidable additional work and affect staff relations. Similar
position has been reported from the Heads of Circles also.

It has, therefore, been decided that in future the Unions/Federations should supply copies of these
references made by their lower formations and the replies thereto received from the lower authorities
while taking up cases with the higher authorities. The authorites concerned are expected to give replies
to union representations within a reasonable time and if no reply is received within the reasonable
time, the fact that no reply was received in respect of any case may be mentioned by the unions while
making references to higher authorities. In cases where copies of such references are not received, no
action on the representation etc. will be taken nor any reply given. These will be simply filed.
(No. 10-3/84-SR, dt. 15.6.1984)

COMMUNICATIONS FOR ASSOCIATIONS/UNIONS-SIGNING OF

I am directed to invite a reference to this office letter no. 31/1/64-SR dt. 05.04.66 on the above subject.
The intention of the instruction contained in this office letter dt. 05.04.66 was to ensure that the
functioning of a union in the matter of carrying on correspondence with the Administration is not
interrupted only because of non availability of the main functionary namely the General Secretary at
head Quarters. It is not the intention that on behalf of an association/union at any level all the
authorised persons viz., the President the General Secretary, Asst. General Secretary and the like may
address communications to the Administration simultaneously and even from different stations.

2. With a view to ensure that there is no confusion in this regard, you are requested kindly to bring the
contents of the letter to the notice of the office-bearers concerned at all the levels. The administration
on its part will send replies to communications from the unions/associations addressed to the General
Secretaries of the Associations/Unions and to the Headquarters Address of the Branch Union
concerned, with the only exception of D.O. letters from Presidents. Replies to such DO may be sent to
the President but these will also be invariably addressed to the Head quarters address of the
Union/Branch Union concerned unless the sender of the reply is of the opinion that there are special
reasons or circumstances for sending a reply direct to the address of the President.
(No. 31-3/66 Dated 26.11.66)

UNION COMMUNICATIONS TO ADMINISTRATION –EACH SHOULD DEAL WITH


ONLY ONE SUBJECT.

It is observed that the Unions/Associations at different levels often raise more than one issue in one
communication addressed to the Administrative authority concerned. As per the existing system, the
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entire work of an office is appropriately distributed among its different Sections for quick and proper
disposal of each case. As such, when a communication is received, which deals with more than one
subject, it not only creates administrative inconvenience and difficulty, necessitating preparation of
extracts, for action in appropriate files in the concerned Sections, but also delays the disposal of the
items referred to in the communication. Consequently, with a view to facilitating quick and straight
disposal of Union references, I am directed to request you kindly to ensure that, as far as possible,
each union communication addressed to the administrative authorities concerned at different levels,
deals with only one subject. This procedure is also followed in the matter of exchange of
correspondence between different offices of the Department.

All your branch Unions/Associations may kindly be instructed suitably in the matter.
(No. 16/7/73-SR Dated - 29-05-1973)

REPRESENTATIONS FROM UNION – QUICK DISPOSAL THEREOF.

I am directed to invite your kind attention to this office letter No. 3-6-/82-SR dated 13.09.1982
addressed to all Heads of Circles etc on the subject noted above whereby it was impressed upon all the
concerned officers that the letters received from the recognised Unions/Associations at all level should
be promptly acknowledged and the matter decided expeditiously. Some of the Unions recognised by
this Department have again complained that prompt replies are not being received by them to their
letters written to the officers at various levels.

2. The whole matter has been considered once again and it is hereby reiterated that the letters
received from the recognised Unions/Associations at various levels should be acknowledged
promptly and the matter in question decided as expeditiously as possible. If the decision in the
matter is likely to get delayed for some time an interim reply should invariably be sent to the
concerned Union/Association. It should also be ensured that in case the officer or the dealing hand
concerned with the matter is on leave some alternative arrangements should be made to attend to
the letters received from the Unions/Associations urgently.

3. This may be brought to the notice of all concerned.


(DG (P) No. 10-3/87-SR Dated - 08.03.1988)

REPRESENTATIONS FROM UNIONS MUST RECEIVE PROMPT ATTENTION.

I am directed to say that some of the Unions of the Department have complained that prompt replies
are not given to their letters written by them to the officers at various levels and the decisions are not
taken at the official periodical meetings with the Unions. Even the matters of the meetings do not
reflect correctly the discussions which had taken place. Too much time is taken in furnishing the
reports on various unions matters taken up at a higher level when these reports are called by higher
offices from the lower units. Their letters are not even acknowledged. When the dealing hands or
officers dealing with union matters are on leave etc. on alternate arrangements are made to attend to
their cases and the cases remain un-disposed of till the return of the officials/officers on leave.

2. The matter has been considered carefully and it has been decided that the offices at all levels
should ensure that the Unions do not get a change to lodge a complaint of any of the types
mentioned above. The Union letters should be promptly acknowledged and the reports in the
matters referred to by the Unions should be made quickly to attend the union cases when any
dealing hand/officer dealing with union matters proceeds on leave. The minutes of the meetings
held at various levels should reflect the correct record of the discussions held and there should be
no lacking in taking follow-up action thereafter.
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This may kindly be brought to the notice of all concerned.


(No. 3-6/82-SR Dated - 10/13.09.1981)

FORMATION OF DIVISIONAL BRANCH UNIONS AT THE LEVEL OF POSTAL STAMP


DEPOTS-QUESTIONS REGARDING

I am directed to any that the question of providing channel of communication in the Postal Stamp
Depots between the unions and the administration had been engaging attention of this Department for
some time past. Some of the unions have also made representations in this regard. As the Postal Stamp
Depots are under the charge of a Group B Postal Officer and are functioning as separate units
independent of the Circle Office establishment under the direct control of the Heads of circles. It has
now been decided that in order to have a formal channel of communication in Postal Stamp Depots, P-
III and P-IV unions may be permitted to form Divisional levels branches in these offices.

2. This may be brought to the notice of all concerned.


(No. 10-14/86-SR Dated- 9.9.88)

CHANNEL OF COMMUNICATIONS IN GAZETTED HOS/POS

I am directed to say that the question of providing Channel of Communication in the Gazetted Head
Offices/Post Offices which are directly under the Control of Circle Office to the Branch Unions had
been engaging attention of this Department for sometime past. Some of the Unions have also
represented in this regard.
2. After careful consideration it has now been decided that meetings to Branch Unions formed in
Gazetted Head Offices/Post Offices which are directly under the control of Circle Office may be
granted by the Senior/Chief Postmasters once in a month.
3. This may be brought to the notice of all concerned.
(No. 10-14/68-SR Dated - 22.01.1991)

PROCEDURE FOR DEALING WITH THE REFERENCES RECEIVED FROM THE


RECOGNISED FEDERATIONS/UNIONS/ASSOCIATIONS IN THE DEPARTMENT OF
POSTS.
Kind attention is invited to the instructions contained in this Office order of even number dated
06.04.1990 regarding the procedure for dealing with the Communications/references received from the
recognised Federations / Unions / Associations in the Department of Posts.

The revised procedure adopted in this regard has been reviewed once again and it has been observed
that the communications received from the various Federations/Unions/Associations are still not being
given due attention by the Officers/Sections concerned. The representatives of many
Unions/Associations have also been complaining persistently regarding non-acknowledgement of their
communications. They have even brought this issue to the notice of Secretary(P) many a times. In
order to ensure prompt attention to the references from unions, it has been decided that henceforth all
the references/Communications from recognised Federations/Unions/Associations will now be
diarised and acknowledged in SR Section itself and sent to the concerned Officers/Sections for
necessary action.

It is further decided that all the Branches/Sections of the Department of Posts will hence forth prepare
and maintain a separate diary register for communications received from the recognised
Federations/Unions/Associations. The Section Officer/Assistant incharge will ensure that the entries
relating to such communications are made properly and a statement showing the position of disposal
of these references/communications is put up to the DDG concerned by the 7th of the next month
positively in the appended proforma (copy enclosed). The DDG in turn will review the statement in
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respect of the Sections under their control every month and will submit the same to their service
Members for information.

It is requested that the strict compliance of these orders/instructions may kindly be ensured.
(No. 10-3/87-SR Dated - 20.11.1991

CHANNEL OF COMMUNICATION OF CIRCLE UNION WITH REGIONAL HEADS

I am directed to refer to this office letter of even number dated 5-12-1990 on the above subject
wherein it was intimated that any office bearer of the circle branch union who is located at the Head
quarters station of the Region and authorised by the Circle Secretary, shall be eligible to hold Bi-
monthly meetings and exchange correspondence with the concerned Regional Head of an office. Some
clarification on these orders are being sought by various units. It is hereby clarified that :
(i) PMG Incharge of the Region will hold Bi-monthly meeting at Regional level.
(ii) Where there is no PMG in a Region, the meeting will be held by the Director Incharge of the
Region.
(iii) If there is an region directly under the control of CPMG, and there is no PMG for that Region,
these Bi-monthly meeting will be taken by the concerned Director Postal Services.
(iv) CPMG, as usual will chair the periodical meeting at circle level with the circle branches of the
Union/Association.
(No.31-1/85-SR Dated - 30.04.1992)

CHANNEL OF COMMUNICATION – REITERATION OF INSTRUCTIONS REGARDING

I am directed to invite your kind attention to the Compilation of Instructions on union facilities issued
vide the Department’s letter No. 10-9(A/98-SR) dated the 5th November, 1999.
2. The instructions on “Channel of Communication” as contained in the said compilation inter alia
provides that “the branches of service associations at Circle/Divisional and local levels should
correspond directly only with the authorities in charge of the Unit they represent i.e. a local level
service association should correspond only with local authority, a divisional association with
divisional authority and circle-level association with the Head of Circle”. Only, the central unit
of the service association should correspond with the Secretary (Posts) or the Government
through the Secretary (Posts).” (No. STB/100-19/52-STA dated 29.10.52). Further, as clarified
vide the Department’s letter No. 16-2/65-SR dated 03.08.66, no action is to be taken on direct
references from local service associations except when specifically ordered by Minister/Minister
of State/Secretary(P)/Members of the Postal Service Board.
3. It has been observed that the above instructions are not being followed scrupulously by the
branches of Service Associations, as a large number of references are being received in the
Department, addressed to Hon’ble Minister/Minister of State/Secretary, Members of the Postal
Services Board, direct from the Circle, Divisional and local unions/associations. These
references not only increase the amount of unnecessary paper work in the Department but also
cause delay in disposal of other genuine matters of the staff unions.
4. It is, therefore, requested to bring these instructions once again to the notice of the circle,
divisional and local level branches of the unions for strict compliance.
(No. 13-3/2002-SR Dated - 05.07.2002)

REPRESENTATION OF ELECTRICAL STAFF BY RECOGNISED UNIONS

The question of providing Union facilities to the Postal Electrical Staff who do not belong to Civil
Wing, has been under consideration of the Department. The matter was also considered in the Postal
Departmental Council (JCM)
11

It has been decided that such of the Postal Electrical Staff who do not belong to the Civil Wing may be
allowed to be enrolled as members of respective Class-III/Class-IV or Administrative Union at
Circle/Divisional level.
(No. 33-1/88-SR Dated - 17.12.92)

SUBJECTS WHICH CAN BE TAKEN UP WITH ADMINISTRATION


Allegations against individual officers/officials can be taken up through correspondence or through
informal discussion.
(DD P&T 33/2/68-SR dated 7.5.68)
III OFFICE BEARERS

No. 15-4/90 - SR 1. Government Employees who are in service shall be members and,
dated - 05.1.93 therefore, office bearers of the Service Associations. The executives of the
Service Associations are to be elected from among its members only
2. Membership of the Service Associations has been restricted to a distinct
category of Government Servants having common interest, all such
Government Servants being eligible for membership to the Association.
3. Prescribed facilities should not be extended to branches of Service
Associations at Circle or levels below if any of the office bearers of such
Associations are not servings employees belonging to that distinct category
which the Service Association is representing.
4. The number of office bearers at Circle/Divisional level of each
Associations should not exceed 15 and it does not include the members of
the Executive Committee.

IV MEMBERSHIP

1. Membership of the Service Associations is restricted to a distinct category of


Government Servants having common service interests, all such Government
Servants being eligible for membership of the Service Associations and no
person who is not a Government Servant belonging to that distinct category
which the Service Associations is representing, is permitted to be connected
with the affairs of the Service Associations. The Membership of Government
Servant shall be automatically discontinued on his ceasing to belong to such a
category. For membership of Canteen Employees, refer to Annexure V.
No. 32-3/78-SR 2. It is for the Government Servants to decide which association to join and no
dated 11.10.79 directive be issued by the Administration in this regard. (To be read in
conjunction with the provisions contained in Communication No. 15-4/90-SR
dated 5.1.93 referred to above)
No. 32-1/64-SR 3. The right of the union to represent causal labour has not been conceded but if
dated 11.8.64 any grievances of casual labour covered by the recommendations of the Pay
Commission are brought to notice by the Service Association, this will be
examined. However, no reply in respect of such grievances would be sent to the
representing Associations.
No. 14-6/67-SR 4. The trainees, who have been recruited directly and are yet to be absorbed in
dated 5.1.67 the Department, will not join/form/organize any Service Association. The
Departmental trainees may continue their membership of Service Associations
at places from where they have been deputed for training. Such Departmental
trainees as may be office bearers of any branch of unions may continue to
function as office bearers of their branches but they will not be granted any
special casual leave for attending to Association's affairs. There is, however, no
12

objection to the grant of normal casual leave for such purpose if applied for.
The regular staff of the training centres are at liberty to join Service
Associations exactly in the same manner as the staff in the divisions and the
circles.

No. 14-6/67-SR The grievances of trainees arising out of their being trainees at a particular
dt. 21.07.67 training centre can be effectively looked into with the help of the channel of
representation and redressal of grievances by way of system of class monitors.

RECOGNITION OF SERVICE ASSOCIATION UNDER CCS (RSA) RULES, 1993 –


ADMISSION OF NEW MEMBERS UNDER THE CHECK –OFF-SYSTEM IN PAY-ROLLS

The matter of enrolment of new members by the service Associations was under consideration of the
DOP&T.

It has now been decided in consultation with the DOP&T that Service Associations can enrol new
members any time. However fresh declaration from the members for deduction of membership under
the check off system can be accepted by the DDOs only in the month of April every year.

Kindly ensure wide circulation of the above instructions.


(D.G. (P) Letter No. 13-14/96-Sr (Vol.III) dated 05.01.98)

DEDUCTION OF MEMBERSHIP SUBSCRIPTION UNDER THE CCS (RSA) RULES, 1993-


CLARIFICATION REGARDING
I am directed to draw your kind attention to the Department’s letter No. 13-14/96-SR (Vol. III) dated
18.12.97 inter alia stating that deduction of membership subscription in respect of associations which
prima-facia fulfil all other conditions but were not recognized in the initial round of verification may
continue to be deducted till further orders based on the written declaration unless the option is
withdrawn by the individual employee. The instructions issued vide letter dated 18.12.1997 ibid still
remain unchanged.
2. However, complaints are being received from number of unrecognized unions alleging stoppage
of recovery of subscriptions by circles from salary of members of unrecognized
unions/associations. Some of the recognized unions have also written for stoppage of such
subscriptions based on which certain circle offices have sought clarification in this regard. It is,
therefore, clarified that the instructions as referred to in para 1 of the letter may be followed
scrupulously so as to avoid unnecessary correspondence in this regard.
(No. 13-4/2006-SR Dated - 14.02.07)

RECOVERY OF SUBSCRIPTION FROM PAY BILLS AND DISBURSEMENT THEREON


TO THE SERVICE ASSOCIATIONS

It is being repeatedly brought to our notice by various Associations that recovery of subscriptions for
the recognised service Associations is not being done properly in the circles. The reasons cited are as
under: -
(a) Most of the disbursing officer are not aware of the rules, or

(b) The disbursing officers recover the subscription from members but fail to send it to the
drawing officers; or

(c) The amount so recovered when sent to the drawing officers in a separate cover is not properly
acknowledged by the intermediate functionaries.
13

Hence it is reiterated that Drawing & Disbursing officers will note down the details of the consent of
the members on the basis of letters of authorisation, in a register, extracts of which in duplicate, will
be handed over to the cashier for making necessary entries in the admittance roll of the month
concerned to record the deduction. The amount collected by Sub/Branch Offices at the time of
disbursement of pay and allowances shall be sent to the Head Post office in a separate cover.

Please ensure that the above instructions are recirculated to the concerned functionaries so that there is
awareness of the regulations and recovery of subscriptions is effected regularly.
(No. 13-14/96-SR (vol.III) dated – 17.11.97)

V. FOREIGN SERVICE

No. SPB - 1. The permanent postal employees may be permitted to accept employment as
150/1/50 dated full time paid office bearers of recognised All India Service Associations
31.10.50 and that they should be treated as on deputation on foreign service term,
during the period they serve the Association. The usual contribution towards
leave, pension, etc, should be paid promptly and regularly to the Department
of Posts by the Service Associations concerned. No Government official
should remain a whole time office bearer of a Service Associations on
foreign service term for a period exceeding three years at a time.
No. SPB-48-3/54 2. The Head of a Circle is competent as per, FRSR to sanction the deputation
dt. 21.01.55 subject to the conditions regarding fixation of pay as laid down therein, in
issuing the sanction the principle outlined in the Government order
reproduced in Annexure of FRSR Vol. II should be followed. Contribution
taken on account of cost of leave salary and pension of the official have to
be borne by the Service Associations concerned if any. The amount of
joining time admissible to the officials and their pay during joining time
will have to be fixed in consultation with the foreign employer vide FR 114.
Substitutes may be appointed temporarily in the vacancies created by the
deputation of officials. The Service Associations should accept the full
liability for pay and allowances of the official concerned and also agree to
the regular payment of leave salary and pension contributions as may be
fixed and claimed by the audit authority concerned and disability leave and
leave salary granted on account of disability incurred and through foreign
service even though the disability manifests itself after the termination of
foreign service, any compensatory allowance for period of leave in or at the
end of the foreign service granted to the office and payment of T.A.
journeys on transfer to the Union Headquarters and on reversion thereof to
the officials Headquarters.
No. SPB-86-6/57 3. Permanent postal employees may be permitted to accept employment as full
dated 2.11.57 & time paid office bearers of circle branches of recognised All India Service
dated 15.2.58 Associations also.
No. 54-7/69-SPB 4. The Heads of Circles and administrative offices would take prior approval
II dated 31.12.69 of the Secretary (P) in extending the period of transfer on Foreign Service of
& non-gazetted employees under their control to the Service Associations
beyond the period of three years.

No. 86-6/75-SPB The period between two spell of deputation of foreign service with Service
II dated 6.8.76 Associations as office bearers should be at least three years, which can be
relaxed only in consultation with Secretary (P).
No. 86-4/75-SPB 5. Pension contribution to be made by reorganised Service Associations in
II dated 22.11.75 respect of serving Government employees on foreign service with them may
14

be waived. It may be noted, however, that the concession is limited to not


more than two serving employees at a time. As regards leave salary
contributions, there is no objection to waive it if the Service Associations
agrees to bear the leave salary and if the employees concerned agreed to
forego their claim for a foreign service period.

1. FOREIGN SERVICE CONCESSION PENSION CONTRIBUTION TO BE WAIVED

Leave salary may be waived if the leave earned in foreign service is not debited to the employee's
leave account.

As a measure of Assistance to recognised Unions/Associations/Federations of Central Government


employees, Government have allowed them the services of serving Government employees on foreign
service terms to work with the concerned Associations/Unions/Federations. In such cases, leave salary
and pension contributions are required to be paid by the Unions etc. in terms of the provisions of F.R.
115 read with F.R. 120. The staff side of the National Council (JCM) made a request that the
recognised Associations/Unions etc. did not have adequate resources of their own to meet the
expenditure on the salary etc. of the serving employees on foreign service with them and also meet the
expenditure on the foreign service contributions required to be paid to Govt. by the Associations etc.
in this regard. As a result of discussions at the National Council meeting, the matter has been
examined. The undersigned is directed to say that in the interest of promotion of better understanding
with the Unions, Associations etc. of employees and improving staff relations, the President has been
pleased to decide the pension contributions to be made by the recognised
Associations/Unions/Federations in respect of serving Govt. employees on foreign service with them
may be waived. This concession will, however, be limited to recognised All-India
Associations/Unions/Federations of Central Government employees and in respect of not more than
two serving employees at a time on foreign service with each such Associations/unions/Federations.

As regards leave salary contributions to be paid by the Associations/Unions/Federations, there will be


no objection to waiving them if the Associations/Unions/Federations agree to bear the leave salary of
the concerned employees in respect of the leave earned during the period of the service with the
Unions etc. and if the employees concerned agree to forego their claim for leave from Government in
respect of their period of foreign service with the Unions/Associations/Federations. In other words,
leave of these officers during period of foreign service will be regulated under the rules of the
Unions/Associations/Federations concerned. The leave salary in respect of leave granted by union
Associations Federations will also be paid by them and the leave will not be debited against the
officer's leave account. Further unspent balance of leave if any earned during the period of foreign
service will lapse on the reversion of the officials from foreign service. The period of foreign service
will not count for any kind of leave under the Government of India.

These orders take effect from the date of issue.


(Ministry of Finance O.M. No. F-1 (10) -E III (B)/ 75 dated 20.10.75)

2. DEPUTATION OF OFFICIALS AS OFFICE BEARERS OF UNIONS ON FOREIGN


SERVICE

I am directed to say that a number of references requesting approval of this Department for continued
deputation of officials of the Department on foreign service to recognised unions/Associations are
being received. One such case was referred to Department of Personnel and Training for approval of
that Department as the official concerned was on foreign Service for more than five years. That
Department clarified that their OM Dated 05.01.94 will apply in the cases of transfer on
deputation/foreign service of Central Government employees who are regularly appointed on
15

deputation/foreign service in accordance with Recruitment Rules of the ex-cadre posts under the
Central Government/State Governments/PSUs/Autonomous Bodies/universities/UT Admn., Local
Bodies etc. and vice-versa. The cases of deputation of officials to unions do not fall in that category. In
view of this clarification given by the Department of Personnel and Training, the requests received
from the Unions for extension of the period of foreign service with the unions should be decided by
the Circles concerned keeping in view the administrative convenience and public interest.
No. 86-5/2000-SPB-II dt. 05.03.2002

DEPUTATION OF OFFICIALS AS OFFICE BEARERS OF UNIONS ON FOREIGN


SERVICE

I am directed to say that a number of references requesting approval of this Department for continued
deputation of officials of the Department of foreign service to recognised Unions/Associations are
being received. One such case was referred to Department of Personnel and Training for approval of
that Department as the official concerned was on foreign Service for more than five years. That
Department clarified that their OM dated 05.01.94 will apply in the cases of transfer on
deputation/foreign service of Central Government employees who are regularly appointed on
deputation/foreign service in accordance with Recruitment Rules of the ex-cadre posts under the
Central Government/State Governments/PSUs/Autonomous Bodies/Universities/UT Admn., Local
Bodies etc. and vice-versa. The cases of deputation of officials to Unions do not fall in that category.
In view of this clarification given by the Department of Personnel and Training, the requests received
from the Unions for extension of the period of foreign service with the Unions should be decided by
the Circles concerned keeping in view the administrative convenience and public interest.
(No.86-5/2000-SPB-II, Dated - 5.3.2002)

VI MEMBERSHIP SUBSCRIPTION OF ALL ASSOCIATIONS


RECOGNISED OR OTHERWISE

No. 13-14/96-SR It shall be made on a monthly basis by the DDO.


(Vol. III) dated
5.1.98 Postal employees will be given the chance to change the option for membership
once every April.
No. 13-10/96-SR On transfer of an emplo9yee to another office involving the change of DDO, the
dated 14.10.96 DDO in the first office will forward the authorization of the official to the new
DDO along with last pay certificate after making suitable entry in the register.
The new DDO will on receipt of the authorization enter it in his register and
make deductions from the salary of the official.
No. 10-44/95-SR The total amount recovered from members of different Service Associations
dated 17.6.96 may be remitted to the central body of the Association for further distribution
provided such a provision is available in the constitution of the Association to
avoid complications. Otherwise the total amount recovered shall be remitted to
Divisional Secretary of the concerned Service Association who in turn will
remit this amount to the Circle/All India, CHQ, etc. as per the quota fixed in
their respective constitution.
No. 13-1/2002-SR dated 24.03.03

Some points of doubt were referred to the DOP P&T for their clarification. The point of doubt referred
to by the Department and clarification received from DOP&T thereon are reproduced below.

Sl Point of Doubt Clarification


16

No.
1 When an employee gives a revised option for deduction of With the revision of
membership in the month of April, as per the existing option in the month of
instructions the revised option will become applicable only April by an employee,
from 1st July of that year. The doubt is as to what will be the deduction in favour of the
status of the employee during the months from April to June, old association would stop
i.e. whether he will continue to be member of the association to immediately.
which he was contributing prior to submitting his revised
option and whether during these three months he will have to
complete the membership fee to that association or whether
with the revision of option, he severes all his connections
(including contribution of membership fee) with the old
association though his relationship with the new association
will take effect only from 1 st July.
2. In case of an employee becoming member of an association for This supposition is not
the first time, the restrictions of April and July is not applicable correct. An employee can
and it can start from any date. Further his membership fee will exercise his option for the
also deducted from the month he submits his option. This needs first time or revise his
confirmation of the DOP&T. option in the month of
April only.
3 As per Rule 5 (d) (ii) of CCS (RSA), Rules, 1993, membership This supposition is
of the Government Servant shall be automatically discontinued confirmed. It is also
on his ceasing to belong to such category. As such, on clarified that an employee
promotion to the higher grade, an employee will cease to can give his option for the
belong to the earlier category and consequently he will be purpose of deduction of
ineligible for membership of the union to which he belonged membership fees in favour
prior to his promotion. His membership subscription for that of a new association in the
union will also stop immediately on promotion. This needs month of April only.
confirmation of the DOP&T. Further, in that case, whether
deduction of his membership subscription for the union he joins
after promotion will start instantly or from 1st July.
4. In case a member is expelled from one Union after the month With the expulsion from a
of April and he joins the other Union subsequently, whether his
Union, the membership
membership subscription will continue to be deducted in favour
subscription of the
of the Union to which he was a member before expulsion till employees would stop
the June of next year or his subscription will stop immediately
immediately. He/She can
on expulsion and will start for the Union he joins after exercise option in favour
expulsion. of another association
with effect from the
month of April.
2. It is requested to take note of the above clarifications while dealing with deduction of
membership subscription in such cases.
(No. 13-1/2002-SR Dated: 17-03-2003)

VII. IMMUNITY FROM TRANSFER

No. 69-18/70- 1. Concession of immunity from transfer from the headquarters of recognised
SPB-1 dated service Association is applicable to their office bearers during 1st year of the
7.12.70 election to the office of Chief Executive or General Secretary, Asst. Secretary
and Financial Secretary or Treasurer of Group 'C' and Group 'D' Associations
whether they are All India, Circle or Divisional units if, the constitution and
bye-laws of the Central Service Associations permit opening of such branches.
17

No. 71-14/82- 2. If there are several office bearers with same designation, the concession
SPB-I dated applies during the first year of the office to only one of each category i.e. Chief
22.5.82 & Executive or General Secretary, Assistant Secretary, and Financial Secretary (or
Treasurer) as may be nominated by the Service Associations. The concession
ceases to be applicable to the above office bearers on promotion to higher posts
as then their membership to the given Service Association also ceases.

No.71-20/83- 3. With the mutual goodwill between the Service Association and the local
SPB-1 dated office and subject to the Administrative convenience, the office bearers elected
16.9.85 to the above said offices of the Service Association may stay at the headquarters
station even longer than one year.
No. 69-52/72- 4. If the office bearers working at other stations are elected to these offices i.e.
SPB-I dated Chief Executive or General Secretary, Assistant Secretary, Financial Secretary,
23.3.73 or treasurer they may be brought on temporary transfer to the head quarters of
the Service Association during the 1 st year of election and may be retained there
& even longer than one year but with the goodwill between the Service
Association and the local office and subject to the overall exigencies of
Administrative convenience. The above concessions will not be available below
divisional level. Bringing the Chief Executive of the Service Association to
their headquarters should be followed, if an appropriate post is available.

dated 2.1.74 Where it is not possible to observe the general principles laid down in the
instructions on the concession of immunity on transfer, a report should be sent
to the Department indicating the circumstances under which it is not possible to
extend the facility even in the first year of the term of office with the Service
Associations.
No. 69-45/73- 5. In RMS, where the divisional, circle or all India secretaries cannot be posted
SPB-I dated at headquarters, there is no objection to grant request for posting of divisional
8.2.74 Circle and All India Secretaries in RMS sections to enable them to come to their
Headquarters. This too is subject to Administrative convenience.

No. 69-7/77- Subject to Administrative exigencies, this concession of immunity from transfer
SPB-I dated may be granted for the second year also to the office bearers of such
20.4.77 Associations whose constitution provides conferences/elections in second year.

CONCESSION OF IMMUNITY FROM TRANSFER TO OFFICE BEARERS OF


RECOGNISED UNIONS/ASSOCIATIONS OF P&T DEPARTMENT

I am directed to invite your attention to this office letter No. 69-18/70-SPB I dated the 7th December
1970 wherein detailed instructions were issued on the subject noted above. Extracts from paragraphs 2
and 3 of these instructions are reproduced below: -

"It is, therefore, once again made clear that:

(1) The concession of immunity from transfer from the HQ of recognised Unions/Associations is
applicable to their office bearers, during the first year of their selection to the office of the Chief
Executive or General Secretary, Secretary, Assistant Secretary and Finance Secretary (or
Treasurer) of class III or class IV unions, whether they are All India, Circle, Divisional or branch
Unions (if the constitutions and by laws of the Central unions permit opening of such branches)

(2) If there are several office bearers with the same designation, the concession applies during the first
year of the office to only one of such category, namely Chief Executive or General Secretary,
18

Secretary, Asstt. Secretary and Financial Secretary (or Treasurer) as may be nominated by the
Unions.

(3) The Concessions to be applied to the above Union office bearers on promotion to higher posts.

(4) With the mutual goodwill between the unions and the local officers and subject to administrative
convenience, the office bearer elected to above said offices of the union may stay at the HQ station
even longer than one year.

(5) If the Office bearers working at other stations are elected to these offices, namely, Chief Executive
or General Secretary, Assistant Secretary and Financial Secretary (or Treasurer) they may be
brought on temporary transfer to the headquarters of the Unions during the first year of the
election and may be retained there even for longer than one year but with the goodwill between the
Unions and the local officers and subject to Administrative convenience only.

(6) The above concessions are not guaranteed and cannot to be claimed as a right. They are always
ubject to administrative exigencies.

It is stressed that the above instructions as now further clarified in para 2 above should be
implemented by you as far as possible subject to the administrative exigencies so as to avoid
chances of complaints about their non-implementation or wrong interpretation from any quarters.
These instructions may be circulated amongst the Divisional Heads etc., for guidance.

In pursuance of the suggestion contained in recommendation No. 428 of the Committee on


Telecommunications, which has since been accepted by Government, it has been decided that
immunity from transfer to office bearers of the recognised Unions as indicated above will henceforth
not be available below the Divisional level. This is in partial modification of the instructions issued on
7.12.70 referred to above.
(DG P&T No69-18/70-SPBI)

CONCESSION OF IMMUNITY FROM TRANSFER TO OFFICE-BEARERS OF


RECOGNISED UNIONS/ASSOCIATIONS OF CENTRAL GOVERNMENT EMPLOYEES

I am directed to say that Trade Union facilities and association of Trade Union movement in the
management of P&T Services were discussed in the P&T Departmental Council (JCM) meeting held
on 28 th and 29th December, 1972. It has been decided that: -

(i) The existing orders contained in this office letters no. 69/18/70 SPB I dated 7.12.70, regarding
grant of immunity from transfer to union office bearers should continue to be followed strictly
except on administrative grounds.

(ii) The order of the Department of Personnal circulated in this office letter No. 54/7/69-SPB II dated
30.12.69 regarding bringing the Chief Executive of Union to their headquarters should also be
followed if an appropriate post in which the Chief Executive could be posted is available.
(No. 69/52/72-SPB.I dt. 23.3.1973)

IMMUNITY FROM TRANSFER TO OFFICE BEARERS

I am directed to invite a reference to this office letter No. 69/52/72-SPB.I dated the 23 rd March, 1973
read with letter No. 69/52/72-SPB.I dated the 6th June, 1973 on the above subject and to state that it
has been alleged that in several Union Office bearers had been transferred away or had not been
brought to the headquarters of the Union even during the first year of office. The retention of Union
19

office bearers, at the Headquarters is no doubt subject to administrative convenience and at the
discretion of Heads of Circles etc. It has however, been decided that where it is not possible to observe
the general principles laid down in the instructions issued from time on the subject, a report should be
sent to the Directorate indicating the circumstances under which it has not been possible to extend the
facility of retention of office bearers at the headquarters of the Unions even in the first year of their
term of office with the Union.
(DG P&T No. 69/52/72-SPB.I dated 2.1.74)

CONCESSION OF IMMUNITY FROM TRANSFER TO OFFICE BEARERS OF


RECOGNISED UNIONS/ASSOCIATION OF CENTRAL GOVT. EMPLOYEES

(1) ESB-150-3/36 dt. 09.2.37 (2) SPB - 69/19/50-dt. 28.5.50 (3) SPB 69-43/51 dt. 03.08.51 (4) SPB-
69-32/54 dt. 03.08.54 (5) SPB-69/5/58 dt. 21.1.59 (6) SPBI-69-24/64 dt. 11.6.64 (7) SPB II 54-7/69
dt. 30.12.69 (8) SPBI 69-18/70 dt. 27.7.70

I am directed to say that instructions were issued by this office from time to time in regard to the
concession of immunity from transfer to office bearers of the recognised unions/associations of
Central Government employees. The instructions were issued in the marginally noted orders which
briefly were that concession of immunity from transfer might be granted to the Secretary and the
Assistant Secretary of union in the first year of election but that was not guaranteed and was subject to
administrative exigencies. In 1950 the concession was extended to Treasurer of recognised union. In
1951 it was clarified that the concession applied during the first year of election as General Secretary,
Asstt. Secretary and Financial Secretary (or Treasurer) of a recognised All India, Provincial and
District union. In 1954 the concession was extended to the office bearers of those branch unions also,
opening of which was permitted by the constitution and bye laws of the Central union. The above
orders were reiterated in 1959 when it was decided also that the concession of immunity which was to
be allowed to the above union office bearers during the first year only of their election to those offices,
might be allowed even for longer than one year but by mutual goodwill between the union and the
local officers only. Also it was decided vide para 3 of the same orders that the Federation's request for
a temporary transfer of the office bearers to the headquarters of the unions could be dealt with on the
lines of above instructions. In 1964, it was decided that concession would cease to be applied to the
office bearers on their promotion to higher posts as it is to be applied only with regard to their position
at the time of election. In Para (3) of MHA's OM No. 27/3/69-Estt dated 8.4.69 forwarded with our
circular letter dated 30.12.69, it was intimated that the Chief Executive as defined in the constitution
of the Association/Union/Federation or the General Secretary might be brought on transfer to the
headquarters of the appropriate head of administration as far as possible. It was also decided that in
such of the Government Department/Offices where a different practice was being followed then, the
existing practice if not less favourable, might continue. It has been clarified in our circular letter above
mentioned No. 54/7/69-SPB II dated 31.12.69 that as the provision of our previous circular NO.
69/5/58-SPB dated 21.1.59 are more favourable to the unions they can continue to be in force as
indicated vide para 3 of our circular dated 31.12.69.

2. The above orders were further clarified in this office letter of even number 27.7.70. Also separate
clarifications were issued to some circles recently. In spite of all these instructions complaints
from the unions against wrong interpretation or non implementation of these instructions by
various circles still coming in. It is therefore once again made clear that: -

(i) The concession of immunity from transfer from the headquarters of recognised
unions/associations is applicable to their office bearers, during the first year of their election to
the office of Chief Executive or General Secretary, Secretary, Asstt. Secretary and Financial
Secretary (or Treasurer) of Class III or Class IV unions, whether they are all India, Circle,
20

Divisional or Branch Union (if the constitution and bye laws of the Central Unions permit
opening of such branches).

(ii) If there are several office bearers with the same designation, the concession applied during first
year to only one of each category, namely Chief Executive or General Secretary, Secretary, Asstt.
Secretary and Financial Secretary (or Treasurer) as may be nominated by the unions.

(iii) The concessions cease to be applied to the above union office bearers on promotions to higher
posts.

(iv) With the mutual goodwill between the unions and local officer and subject to administrative
convenience, the office bearers elected to above said offices of the union may stay at the
headquarter station even higher than one year.

(v) If the office bearers working at other stations are elected to those offices, namely Chief Executive
or General Secretary, Secretary, Asstt. Secretary and Financial Secretary (or Treasurer) they may
be brought on temporary transfer to the headquarters of the unions during the first year of
election and may be retained there even for longer than one year with the goodwill between the
unions and the local officers and subject to Administrative convenience only.

(vi) The above concessions are not guaranteed and cannot be claimed as right. They are always
subject to administrative exigencies. It is stressed that the above instructions as now further
clarified in para 2 above should be implemented by you as far as possible subject to the
administrative exigencies so as to avoid chances of complaints about their non-implementation or
wrong interpretation from any quarters. These instructions may be circulated amongst the
Divisional Heads etc. for guidance.
(DGP &T Circular No. 69/18/70.SPBI dated 7.12.70)
TRADE UNION FACILITIES-IMMUNITY FROM TRANSFER AND GRANT OF SPECIAL
CASUAL LEAVE

In the first ordinary meeting of the Departmental Council (JCM), Department of Posts held on
18.11.2003, the Secretary, Staff Side, Departmental Council (JCM) had taken up two items relating to
Trade Union Facilities viz., Immunity from transfer and Grant of Special Casual Leave as item Nos.
6(a) and 6(b) respectively.

2. With regard to Item 6(a), in the Departmental Council Meeting, the Official Side stated that
this would be examined. According to the existing instructions, concession of immunity from
transfer from the headquarters of recognized Service Association is applicable to their office
bearers during 1 st year of their elections to the office of Chief Executive or General Secretary,
Assistant Secretary and Financial Secretary or Treasurer of Group ‘C’ and Group ‘D’
Associations whether they are All India, Circle or Divisional units, if the constitution and bye
laws of the Central Service Association permit opening of such branches. If there are several
office bearers with same designation, the concession applies during the first year of the office
to only one of each category i.e. Chief Executive or General Secretary, Assistant Secretary and
Financial Secretary (or Treasurer) as may be nominated by the Service Associations. In view
of the change in periodicity of the election, it has now been decided that with mutual good will
between the Service Association and the local office and subject to administrative requirement,
the office bearers elected to the above said offices of the Service Association may stay at the
headquarters station for two years.
3. In so far as the item No. 6(b) relating to grant of special casual leave is concerned, the
instructions issued in letter No. 54-13/71-SPB-II dated 31.1.74 are relevant. As indicated
therein, as far as possible the Divisional Executive Committee meetings of the Service
21

Association will be held on holidays or outside office hours. The number of Members
attending to the Committee meetings is to be in accordance with the Constitution. These
instructions further envisage where there is reason to believe that more members are asking for
special casual leave than is justified, the Constitution and the records of the Service
Associations may be checked up to find out whether facilities have been asked for more
Members than is admissible under the rules. In the DC meeting held on 18.11.03, the Staff
Side stated that the provisions in these orders are being misinterpreted to the extent that in
certain Circles, the Unions are being asked to hold meetings only on holidays or outside office
hours. The Staff Side also stated that the number of officials to be granted special casual leave
is also being decided arbitrarily. It was explained by the Official Side that the existence of the
Department depended upon better customer service and in pursuance thereof the Staff Side
must extend its cooperation and try to hold meetings on holidays or outside office hours. In
view of this position, it is reiterated that while considering the question for grant of special
casual leave to the office bearers of the Service Associations, the spirit of the instructions
contained in the letter dated 31.1.74 is to be kept in mind.
(No.137-41/2003-SPB-II Dated - 8-7-2004)

VIII. SPECIAL CASUAL LEAVE

No. 54-1/71-SPB- 1. Special Casual Leave up to maximum of 20 days in a year may be granted
II dated - 15.3.71 for the following purposes: -
(a) When the delegates to All India Conferences and members of the
executive committees are required to attend such conference and meetings.
(b) When members from outstation are required to attend periodical meetings
with Heads of Circles.
(c) When members from outstation wait on deputation the Minister/MOS and
Secretary (P).

2. Special Casual Leave may be allowed to members of Service Associations


coming from outstations to attend their monthly meeting with
Departmental Officers at divisional level on the following conditions: -
(i) Not more than two members are allowed the concession during a year.
(ii) Special Casual Leave is allowed only for a day/days of the meeting and the
actual time taken in the journey.
(iii) Maximum limit of Special Casual Leave allowed does not exceed 12 days
in a year.
(iv) The concession under this item will not bring an additional benefit to the
staff who under para 1 above are allowed the concession for Special
Causal Leave to the extent of 20 days in a year. If any official is required
to meet the divisional head, the Special Casual Leave granted to him for
the purpose will be counted against those 20 days Special Casual Leave in
a year.
(v) The local members may be given suitable off for the duration of the
meetings.
No. 54-9/66-SPB
II dt. 13.07.66 3. Public holidays and weekly offs to the extend admissible to the category of
the officials to which the office bearers of the Service Associations belong
falling within the period of Special Casual Leave granted to them or
immediately proceeding or following should not be counted as part of
Special Casual Leave.
No. 54-19/59-SPB 4. Special Casual Leave is not allowed to be combined with regular leave/E.L.
dated 31.8.59 or half pay leave etc.
22

&

No. 54-13/71- An understanding reached in the departmental council of JCM stipulates that
SPB-II dated as far as possible the Divisional executive committee meetings of the Service
31.1.74 Associations will be held on holidays or outside office hours. As regards
number of members attending the committee meetings the same will be in
accordance with the constitution. Where there is reason to believe that more
members are asking for Special Casual leave than justified, the constitution
and the records of the Service Associations may be checked up to find out
whether facilities have been asked for more members than admissible under
the rules.
No. 54-1/83-SPB- 5. The office bearers of recognised Service Association may be granted
II dated 6.12.83 Special Casual Leave for attending trade union seminars subject to the
condition that maximum limit of Special Casual Leave does not exceed 20
days in a year.

No. 16-30/83-SR 6. Notices issued by the General Secretaries of the Service Associations for
dt. 30.01.84 & All India Conferences Working committee or Executive committee meeting
09.01.85 of the Service Associations are not being circulated by the Department.
Instead the Circle Secretary concerned should furnish an attested copy of
the notice to the Heads of circles and other administrative offices requesting
them to issue necessary instructions to the concerned authorities for granting
Special Casual leave to the eligible officials subject to the overall limits.
The competent authority will then sanction Special Casual leave to eligible
officials provisionally on receipt of applications from them. On completion
of the conferences/meetings the officials will be required to produce a
certificate from the General Secretary to the effect that they had actually
attended the conference/meeting for its full duration. Thereafter, Special
Casual Leave granted provisionally will be regularized.
No. 16-38/82-SR 7. The other facilities such as deputation of official observer to the
(Pt.) dated 28.8.87 conferences, permission to conduct conferences within the departmental
premises, outside working hours, grant of Special Casual Leave to the
delegates to the circle conferences, should continue to be extended at the
time of the elections of the Service Associations from which facilities had
been withdrawn for not conducting the prescribed elections in time. These
facilities would not, however, be available to the office bearers of the
concerned branch which failed to hold the elections in time.

FACILITIES FOR RECOGNISED UNIONS/ASSOCIATIONS OF CENTRAL


GOVERNMENT EMPLOYEES

In modification of the orders contained in para I of this office letter No. 54-7-69-SPB-II dated
30.12.1969, I am directed to say that it has been decided that special casual leave upto a maximum of
20 days in a year may be granted for the following purposes:

1 (a) Where delegates to the All India Conferences and Circle conferences and meetings
and members of the executive councils and Circle and Divisional Executive
Committee are required to attend such conferences and meetings,

(b) When members from outstation are required to attend monthly meeting with Heads
of Circles.
23

(c) When members from outstations wait on deputation on the Minister, Minister of
State/Deputy Minister, and Director General.

2 Special Casual Leave may be allowed to members of the Unions coming from outstations to attend
their monthly meetings with Departmental officers at Divisional level on the following conditions:

(a) That not more than two members of the Divisional Union are allowed this concession during a
year.

(b) That Special casual leave is allowed only for the day/days of the meetings and the actual time
taken in the journey.
(c) That the maximum limit of Special casual leave allowed does not exceed 12 days in year.

(d) That the concession under this item will not bring an additional benefit to staff who under para
1 above are allowed the concession of special casual leave to the extent of 20 days in a year. If
any official is required to meet the Divisional Head, the special casual leave granted to him for
the purpose will be counted against those 20 days special casual leave in a year.

(e) The local members may be given suitable off for the duration of the meeting.

3. All the above mentioned concessions are to be allowed subject to the condition of exigencies of
service.
(No.54-1/71-SPB-II dt. 15.03.71)

GRANT OF SPECIAL LEAVE TO DELEGATES FOR ATTENDING ALL INDIA AND


CIRCLE CONFERENCE HELD BY UNIONS/ASSOCIATIONS AFTER WITHDRAWAL OF
UNION FACILITIES

I am directed to invite your attention to this office letter of even number dated 4th July 1986 on the
above subject and to say that the question of revision of the existing instructions has been considered.
It has been decided that the Union facilities such as deputation of official observer to the conferences,
permission to conduct conferences with in the departmental premises outside office working hours,
grant of special casual leave to the delegates to the Circle Conferences should continue to be extended
at the time of the elections of the Union from whom facilities had been withdrawn for not conducting
the prescribed elections in time. These facilities would not, however, be available to the office bearers
of the concerned 1 branch which failed to hold the elections in time.

These instructions may be given wide publicity.


(DG (P) No. 16-30/82-SR (Pt) dt. 28.08.1987)

SPECIAL CASUAL LEAVE FOR SEMINARS - PROPOSAL FROM FEDERATION OF


NATIONAL P&T ORGANIZATION FOR GRANT OF SPECIAL CASUAL LEAVE FOR
ATTENDING TRADE UNION SEMINARS

Federation of National P&T Organisation, had started conducting a series of Trade Union Seminars,
from July, 1980 with the object of building up healthy trade unionism, The seminars are held at two or
three stations in each Circle.

The Federation had requested that the period of seminars and transit time to and from the venue of the
seminar in respect of outstation trainees be treated either as duty or on special casual leave.
24

The proposal has been examined in consultation with Department of personnel and Administrative
Reforms. It has been decided that office bearers of recognised Unions/Associations may be granted
special casual leave for attending Trade Union Seminars according to the instructions contained in this
office circular letter No. 54/1/71-SPB II dated the 5th of March, 1981 subject to the condition that
maximum limit of special casual leave allowed does not exceed 20 days in a year.

The above concession will be subject to exigencies of service.


(No. 54-1/83-SPB-II dated 06.12.83)

GRANT OF SPECIAL CASUAL LEAVE TO DELEGATES FOR ATTENDING ALL INDIA


AND CIRCLE CONFERENCE HELD BY UNIONS/ASSOCIATIONS AFTER
WITHDRAWAL OF UNION FACILITIES

I am directed to invite your attention to this office letter of even number dated 4th July 1986 on the
above subject and to say that the question of revision of the existing instructions, has been considered.
It has been decided that the Union facilities such as deputation of official observer to the conferences,
permission to conduct conferences within the departmental premises outside office working hours,
grant of special casual leave to the delegates to the Circle Conferences should continue to be extended
at the time of the elections of the Union from whom facilities had been withdrawn for not conducting
the prescribed elections in time. These facilities would not, however, be available to the office bearers
of the concerned branch which failed to hold the elections in time.

2. These instructions may be given wide publicity.


(No. 16-30/82-SR (Pt.) Dated - 28.08.1987)
25

IX. INTERVIEW

No.16-19/63-SR 1. There is no objection to the Service Associations meeting the local


dated 16.10.63 officers informally, but such meetings should not be held regularly or treated
as formal meetings.
No. 16-3/63-SR dated 2. Regular formal meetings are not to be held below the Divisional level.
7.12.63 & No.
10.29/58- Unions The Minister and also the Secretary (P) may, at their discretion, receive
dated 04.11.58 & deputation of circle and branch associations during their tours. These
23.2.59 meetings will be treated as informal and minutes will not be drawn up
and supplied to the Association. Action will, however, be taken to
ensure that any important decision taken or assurance given by the
Minister or the Secretary (P) at such meetings is duly pursued and the
Associations concerned will be informed of the results as soon as
practicable.
3. The instructions at 2 above Mutatis Mutandis apply to the meetings of
the Heads of Circle during their tours with local branches of the Service
Associations. Accordingly, any interview, granted by the Heads of circle
during their tours to the Divisional branches will be treated as informal
and no minutes shall be drawn up or supplied to the Service
Associations.
4. At the above mentioned informal meetings, questions of local
significance and not of All India or general importance will be discussed.
Matters of All India and general nature will have to be taken up through
the All India Service Association as the case may be. Issues that are
peculiar to the various circles will be taken up only by the circle
Associations and not by the Divisional Associations.
No. 23-24/59- SR 5. When Branch Associations seek interview during the course of tour of
dated 31.12.59 Minister or Secretary (P), they should confine the points for discussions
No.23-99/77-SR to matter of local significance. Matters of All India and general nature,
dated 29.12.97 should be taken up only through the Central Associations.
No. 33-7/77-SR dated 6. At the All India level, meetings will be held once in four months, at the
26.12.77 circle level once in four months (except with Administrative
No. 31-3/79-SR dated offices/Associations where it will be held bi-monthly with the Heads of
18.7.79, 27.9.84, & Circles), at the Regional level once in two months and at the Divisional
3.12.79 level monthly.
No. 31-3/79-SR dated 7. Director (Hqrs.) too shall grant formal bi-monthly meetings to the
3.12.79 concerned Circle Branch Associations in respect of the Postal/RMS units
placed under their control.
No. 16-9/61-SR dated 8. The duration of the periodical meetings at central level shall not exceed
22.3.63 & No. 31- five hours.
3/79 SR dt. 28.12.79
& The duration of periodical meetings at circle level shall not exceed three
No. 13-11/69-SR hours.
dated 9.3.72 The duration of periodical meetings at Divisional level shall not exceed
No. 18-11/69-SR two hours.
dated 9.3.72
No.3-10/69-SR dated 9. The number of items to be submitted by each Service Association at
23.2.70, Central and Circle level shall be three.
No. 16-9/61-SR dated The number of items to be submitted by each Association at Regional
22.3.63 level shall be three.
No. 31-3/79 -SR There shall be no limit as to the number of items that may be discussed at
dated 28.12.79 the Divisional level at the same time.
No.18-11/69-SR dt. However, the time limit of 2 hours shall be followed strictly.
09.03.72
26

31-3/79-SR dated 10. Any office bearer of the Circle Branch of Administrative offices
26.10.83 Employees Association who is located at the H.Q. Station of the Regional
Director of Postal Services and authorized by the Circle Secretary may be
allowed to informally meet the Regional Director bimonthly in addition to
formal bimonthly meetings at the level of Heads of Circle.
No. 3-18/72-SR dated 11. Items for discussion in the agenda of the periodical meetings (at central
14.8.72 level) should be submitted by the Association within two months of the
date of the last meeting. The explanatory note should be sent in
quadruplicate.
No.3-17/72-SR dated- 12. Association should send items for discussion in the next bimonthly
11.8.72 meetings within period of one month from the date of the last meeting. The
explanatory notes of items should be sent in sufficient detail. The
explanatory note should be furnished in quadruplicate.
No. 16-9/61-SR dated 13. The number of representatives who will attend the meeting at the
22.3.63 & central level is restricted to one per Association.
No. 31-3/79-SR dated The number of representatives at Circle level is restricted to two per
28.12.79 & Association.
No. 31-1/74-SR dated The number of representatives at Regional level is restricted to two per
23.7.75 Association. The number of representatives at the Divisional level is
restricted to three per Association.
No. 31-2/85-SR dated 14. In an exceptional case if there is no office bearer of the Circle
29.10.86 Association at the headquarter of the RDPS or the office bearer located at
the Regional Headquarters is unable to shoulder the responsibility of
maintaining correspondence and holding meetings with the RDPS, it shall
be open to the Circle Secretary to authorize a Circle office bearer, who is
not located at the headquarter of the RDPS, but is serving within the
jurisdiction of the RDPS, to correspond and hold meetings with the RDPS
concerned.
No. 31-2/83-SR dated 15. Formation of Regional branches by any Association has not been given
05.06.84 cognisance by the Department nor any amendment to their constitution
providing for formation of branches at Regional level has been accepted by
the Department. Therefore, the question of grant of any meeting or any
other facilities to such office bearers for the Regional branches as they call
them, does not arise. If any such office bearer also happens to be a Circle
Association office bearer and happens to be eligible for grant of bimonthly
meetings and exchange of correspondence with the Regional Directors as
per letters dated 31-3/79-SR dated 16.3.1981 and No. 21-1/75-SR dated
3.7.1981, he will naturally be entitled for the meetings and exchange of
correspondence as a Circle Association office bearer.
No. 81-2/81-SR dated 16. Subordinate officers may also attend or participate in the interviews
05.06.68 & No. 33- granted by a higher officer by way of assistance to the senior officer.
4/67-SR dated 4.7.67
&
No.16-3/63-SR dated 17. There is no objection to a non-office bearers being included within the
6.7.63 permissible number of representative of the Unions at periodical meetings
provided the former is a Member of the Association and an employee of
the Department.
No. 33-2/68 - SR 18. The facility of holding periodical meetings at various levels has been
dated 7.5.68 afforded for resolving through discussions the grievances, problems etc.,
connected with the service interest of the member of the Associations and
for offering suggestions for effecting improvement in the efficiency of
service. Such meetings should not be used a forum for discussion of the
27

acts of omission or commission of an individual officer. Critical discussion


against any individual whether he is non gazetted employee or gazetted
employee is not permitted in formal meetings. If the Associations have any
complaint against any individual, it can be brought to the notice of the
administrative authorities through correspondence or through informal
discussions with the appropriate officers for necessary action.
No. 13-11/69-SR 19. Separate interviews may be granted to the Unions affiliated to National
dated 9.9.70 Federation of Postal Employees and Federation of National Postal
Organisations. The Head of the Circles should, not only preside over
Association meetings at Circle level, but also participate fully in
discussions.
No. 33-10/71-SR 20. Items from administrative side may also be included in the agenda for
Dated 23.07.71 discussion in formal meetings with Associations at all levels.
No. 33-2/12-SR dated 21. The Circle branches of the Association of Gazetted officers may also
18.7.73 seek interviews with the Head of the Circle and in cases of formal
meetings, the minutes of the meetings may also be issued.
No. 33-4/73-SR dated 22. The Associations may meet officers/other than Chairman, Postal
15.1.74 Services Board and Minister. Such interviews unless otherwise ordered by
the Chairman are to be treated as purely informal and no formal minutes
thereof should be drawn up and circulated. For official purposes and for
follow up action, a note of the discussions is kept and a copy of the note
sent to SR Section. No officer below the rank of DDG should grant any
interview, if specifically authorized by the Chairman, any such officer may
meet the representatives of the Associations in his behalf and such
meetings will be treated as formal meetings and minutes will be drawn up
and circulated.
No. 38-2/75-SR dated 23. The minutes of the Services Associations meetings at circle level will
3.5.75 not be circulated to all Divisions but only the relevant extracts will be
furnished to the Divisions concerned.
No. 3-13/71-SR (Pt.) 24. The matter discussed during a periodical meeting will not be placed on
dated 7.12.71 the agenda of such meetings during the following 12 months unless for any
special reason, the Chairman direct otherwise.
No. 3-3/81-SR (Pt.) 25. The General Secretaries of the recognized Associations seeking a
dated 11.8.81 special interview with Chairman, Postal Services Board for discussion on
any urgent special problems should seek an interview with the concerned
Member of Postal Services Board. The interview would be granted by the
Members of Postal Services board if an appointment for the same is got
fixed up in advance.
No. 33-2/78-SR (Pt.) 26. Whenever, the Federations/Associations etc hold meetings with senior
dated 30.10.78 officers (Member/DDG) concerned on issues arising out of the discussions
in their meetings with the Chairman, Postal Services Board, the formal
minutes of such meetings should be duly drawn up by the concerned
officers and issues to all concerned.

POINTS RAISED BY BRANCH UNIONS WITH THE MINISTER AND THE DIRECTOR-
GENERAL

I am directed to invite a reference to para 4 of this office letter No. 10-29-58. Union dt. 23.2.59
wherein it was specifically mentioned that when Branch Unions seek interviews during the course of
the tours of the Minister or the D.G, the should confine the points for discussion to the matters of local
significance. It was particularly stressed that matters of all India and General nature should be taken
up through the Central Unions and Federations, as the case may be. It has been noticed, however, that
28

these instructions are frequently disregarded by the Branch Unions who raise points which have no
local significance and which should be taken up by the Central Unions or the Federations. As this
practice leads to numerous complications and needless work nor does it in any way help your
subsidiary branches it will be appreciated if you will kindly instruct them not to take up matters of any
All India character or of general policy with the Minister or the Director General but to confine
themselves to points of local significance.
No. 23-24/59-SR dated 31.12.59

FACILITIES FOR TRADE UNION ACTIVITIES

In their Memo. No. 18/21/60-SR I dated 9.5.61, the Ministry of Labour and Employment
communicated the decisions of Government on the recommendation of the Pay Commission on
provision of reasonable facilities for Trade Union activities. On a number of such issues, a series of
orders were already in force in the P&T. In his memo No. 16-2/61-SR dated 31.8.61, the D.G, P&T
summarises the instructions already issued and clarifies them in the light of the decisions conveyed
by the Ministry of Labour. We reproduce below both the Memoranda. The instructions contained
therein may be carefully studied and acted upon.

Copy of letter No. 16-2/61-SR dated 31.8.61 from member (Admn) Office of the D.G. P&T, new
Delhi to all Heads of Circles and Administrtive offices.

I enclose a copy of the Government of India, Ministry of Labour and Employment O.M. No. 18/21/60-
LRI, dated 9.5.61 on the above subject with the request that the decisions contained therein may be
brought to the notice of all officers for their information and guidance. As regards the facilities
mentioned in Para 1 of enclosed O.M, I am to point out that so far as the Associations and Unions of
P&T employees are concerned, instructions have been issued from time to time by this office for
providing the facilities. The instructions issued and the extent to which those instructions hold good in
view of the orders contained in the enclosed O.M. are mentioned below: -

1. Holding of meetings by the recognised Trade Unions in office premises.

(i) Memo No. S. 256 2/4/41


(ii) Letter No. SPA 351/17/53 dt. 8.2.54
(iii) Memo No. SPB 69-17/53 dt. 28.1.55
(iv) Letter No. 70/25/58, SPA dt. 9.12.58.
(v) Letter No. 16-1/59 SR dt. 17.9.59
(vi) Letter No. 16-4/61 SR dt. 22.4.61

In respect of this facility the marginally noted communications have been issued by this office.
According to the instructions contained in these communications, the P&T Unions and Associations
may, on obtaining the prior permission of the local Head of office after showing him the Agenda of
the meeting, hold meetings in office-premises. The grant of permission will in all cases be subject to
the conditions that the security of the office premises is not interfered with, that the sanctity of the
office premises is maintained and that there is no disturbance to office work. The recreation rooms,
canteens, open compounds etc. attached to the departmental buildings are included in the term "Office
premises". The office premises are not to be used as a platform for any political meeting. Requests for
holding meetings of two or more recognised unions/associations in office-premises should be
considered by the Head of the office concerned on their merits, taking into consideration the space
available, the number of people likely to attend, matter to be discussed, possibility of feelings to be
roused among the participating unions/associations and the need for safeguarding the departmental
property and installations such as telephone exchange etc.
29

The above instructions continue to hold good and should, therefore, be carefully noted by all Heads of
Offices.

2. Display of notices by the Recognised Trade Unions/Associations in the office premises.

The facilities already allowed to the Unions and Associations of P&T employees are given in DG's
General Circular No. 23 dt 19.11.59 and are similar to those contained in the enclosed O.M. Clause
(iii) in para 1 of the D.G. Circular No. 23 dt. 19.11.59 may be amended as follows: -

(iii) "Announcements regarding holding of election (excluding canvassing therefore) and


results thereof".
As explained in this Office No. 16-7/60-SR dt. 8.7.60 notices relating to the call or conduct of Strike
are subversive of discipline and cannot be displayed on Notice Boards in office premises.

3. Grant of Special casual leave to association/Union Office bearers for attending executive
Committee meetings, conferences etc.

The existing orders issued by the D.G. in respect of grant of special casual leave to the Associations in
Civil Servants an Unions of Industrial workers are contained in the communications noted below:-

Memo No. SPB 58.


22/52 dated 30.11.53
SPB 58-12/55 dt. 9.8.55, Associations of Civil Servants.
SPB 54-7/57 dt. 8.8.57,
SPB II-54/14/59 dated
30.11.59,
SPB II-54/26/59 dated
10.3.60
and STB, 150-64/56 Union of Industrial workers
dated 29.3.57

The above orders continue to remain in force.

4. Release of Govt. Employees to work as full time Union Functionaries on Foreign Service
Terms.

The facilities mentioned in the enclosed O.M. are already provided to the P&T employees vide this
office letter No. SPB. 150-1/59 dated 31.10.50, No. SPB 14-3/54 dt. 24.01.55 read with memo No, 84-
6/57 dated 2.11.57 as modified by Memo No 86-6/57-SPB dated 15.2.58. Those instructions continue
to remain in force.

Receipt of this letter may kindly be acknowledged.

Copy of O M No 18/21/60-LRI dt. 9.5.61 from Govt. of India - Ministry of Labour.

The undersigned is directed to say that the Govt. of India have had under consideration the
recommendation by the Pay Commission in Para 18 of the Chapter XL IX of their Report that
reasonable facilities should be provided by Govt. for trade union activities of their employees. After
careful consideration Govt. of India have decided that the following facilities may be provided for
recognised Trade Unions to carry on their activities.
30

a. Holding of meetings by the recognised Trade Unions in office premises.

It has been decided that recognised associations/Trade Unions should normally be permitted to hold
meetings on open land outside the security zone of office/factory premises. Where however, the Head
of the Department/Office/Factory is satisfied that the holding of such a meeting within the
Office/Factory premises can be allowed without detriment to the security of the Office/Factory and
without obstruction of the Office/Factory work and that suitable accommodation within the premises
is available, he could permit the meeting to be held within the premises.

b. Display of notices by the recognised trade Unions/Associations in the office premises.

The facility for display of notices of a non controversial nature in office premises had been granted to
recognised associations/trade unions by some of the Ministries and Departments in some cases subject
to prior approval of notices other than those of specified types. It has been decided that in other
Departments/Establishments where such facilities have not been granted hitherto, the
Associations/Unions may be allowed to display notices relating to the following matters: -

(i) The date, time, place and purpose of a meeting.


(ii) Statements of accounts of income and expenditure of the Unions/Associations.
(iii) Announcements regarding holding of elections (excluding canvassing therefore) and results
thereof.
(iv) Reminders to the membership of the Associations/Unions in a general way about the dues
outstanding against them.
(v) Announcements relating to matters of general interest to the members of
Associations/Unions provided: -
a. They are not in the nature of criticism;
b. They are not subversive of discipline;
c. They do not contain objectionable or offensive language, and
d. They do not contain attacks on individuals directly or indirectly.

Associations/Unions who display notices in contravention of the aforesaid provisions will be liable to
be debarred from availing of this privilege without prejudice to any other action that may be taken
under the rules.

c. Grant of Special Casual Leave to Association/Union Office-bearers for attending


Executive meetings, Conferences.

In accordance with the Ministry of Home Affairs, O.M. No. 24/33/59-Estt (B) dt. 4.1.60. Special
casual leave to office-bearer of recognised service associations upto a maximum period of 10days in a
calendar year for participation in the activities of the associations can be allowed in such Government
Departments/Offices where no special casual leave is at present permissible. It is also provided in that
O.M. that in such of the Government Departments/Offices where the practice of allowing special
casual leave for the above purposes is already in vogue, the existing practice regarding the quantum
and occasions for granting such leave may continue. It has been decided that this facility, as embodied
in the Home Ministry's O.M. may be extended to the office-bearers of recognised trade Unions also.

d. Release of Government Employees to Work as Full-Time Union Functionaries on Foreign


Service Terms

It has been decided that Government employees in respect of whom recognised trade unions make a
request for their services for employment as full-time union functionaries may be released on foreign
service terms. The final decision as to whether a particular Government employee can be released on
31

foreign service terms for this purpose, and for how long the deputation may continue, should,
however, rest with the authority competent to depute a Government servant on foreign service vide S.
Nos. 29 and 30 in Appendix 4 to the Posts and Telegraphs compilation of F.R and S. Rs Vol. II. It
should also be provided that an employee who is placed on deputation may revert to regular
Government service whenever he so desires. The terms of deputation on foreign service to be allowed
in such cases should conform to those laid down in the Standing Guard File on 'Transfer of Central
Government Servants to Foreign Service' issued by the O&M Division of the Cabinet Secretariat. The
full cost of deputation, including leave salary and pension contributions, should be borne by the
association/union concerned and the terms of foreign service should be settled in advance before an
employee is relieved from Government service to take up employment under the foreign employer.

2. In the context of the Commission's recommendations, the question of granting free railway passes
to union functionaries for the purpose of attending trade union meetings has also been considered.
It is felt that service associations and trade unions should be fully self-supporting. It is, therefore,
not considered necessary that Government should meet the travel costs of Government employees
attending trade Union meetings in their capacity as union functionaries.

3. It is requested that the above decisions may kindly be communicated to all officers under the
control of the Ministry of Commerce and Industry etc. for compliance and circulation to all
associations/Unions operating under them.
(DG. P&T No. 16/2/61-SR dt. 31.08.61 & 23.10.61)

INFORMAL MEETINGS OF UNION OFFICE-BEARERS WITH DEPARTMENTAL


OFFICERS

Kindly refer to Item No. 18 of the minutes of the interview granted by the Director-General to the
National Federation of P&T Employees and the Federated unions on 19th August, 1963 in which it was
pointed out that it should be possible for most of the problems to be settled by the unions at the
divisional level but there was no objection to the branch unions having occasional meetings with the
local officers. Meetings held with the local officers and meetings held with the Divisional Officers
apart from the periodical meetings are treated as informal meetings. Such informal meetings could be
held according to the mutual convenience of the Union office-bearers and the Departmental officers
concerned.
2. It has been brought to Directors-General’s notice that recently the President of one of the unions
visited a divisional office but the Divisional Officer had no prior intimation about the proposed
of the Union’s president.
3. It will be appreciated that in the absence of prior intimation it may not always be possible for the
departmental officers to make suitable arrangements to hold discussions with the union
representatives. You may therefore, issue instructions to your branch unions that in order to
avoid any unpleasant situation whenever they wish to hold any formal discussion with the
departmental officers or the Presidents desire to discuss any matter with a departmental officer,
the time and date of the meeting should be fixed before-hand in consultation with the
departmental officer and the number of the union representatives who want to take part in the
meeting should be intimated to the departmental officer.
(No. 16-10/64-SR Dated - 16.06.64)

PRIVILEGES-MEETINGS-QUESTION WHETHER NON-OFFICE-BEARERS CAN ALSO


PARTICIPATE IN THE PERIODICAL MEETINGS WITH THE UNIONS/ASSOCIATIONS

Instructions were issued in this office letter No. 16-12/62-SR dated 30.04.62 addressed to the Director,
P&T Rajasthan, copies endorsed to all the Heads of Circles that Union/Association Office-bearers
should participate in the regular periodical meetings with those authorities only to which their
32

Unions/Associations are accredited. In partial modification of those instructions it has been laid down
in this office letter no. 16.5/63-SR dated 23.4.63 that no objection need to taken to a Circle Secretary
of the union concerned being present at a Divisional meeting if he happens to be at, or he is passing
through the station, but non-employees of the Department who do not hold any office in the Union,
will not be permitted to participate in these meetings. In further modification of the instructions dated
the 30.4.62, it has been decided that there is no objection to a non-office-bearer being included within
the quota of representatives of the Unions for such meetings provided he is a member of the Union
and an employee of the Department.
2. This has reference to your letter No. PS/LI/Rlg. dt. 26.4.63. (for PMG. Ambala only)
(No. 16-5/63-SR Dated - 6th July 63)

SEPARATE MONTHLY MEETINGS WITH THE UNIONS FEDERATED TO NFPTE

Your attention is invited to the decision taken in the last Conference of Heads of Circles that the
existing system of granting monthly interview to the Unions may continue for some time and that the
question of giving separate or joint interviews should be decided by the Head of the Circle concerned,
depending upon the local conditions.
2. The chairman has since decided on representations made on behalf of the NFPTE that
whenever there is a demand, separate interview may be granted to the Unions federated to
NFPTE and the FNPTO. The monthly meetings should be held separately with these Unions as
usual in accordance with the instructions issued from time to time.
3. It has also been brought to the notice to the Chairman that you are not presiding the monthly
meetings with the Unions. The Chairman desires that you should not only preside over such
Union meetings but also participate fully in the discussions.
4. The receipt of this D.O. may please acknowledged to the Secretary, P&T Board.
(No.13-11-69-SR-Part-II Dated - 28.09.1970)

PERIODICAL MEETINGS TO THE UNIONS AT CIRCLE/DIVISIONAL LEVEL


I am directed to say that various Unions of Postal Employees have pointed out from time to time that
periodical meetings with the Unions at Circle/Divisional level are not held regularly as per the
prescribed periodicity. This issue was also raised in the 14th Ordinary Meeting of the Postal
Departmental Council (JCM) held on 4.1.93 and the Chairman, Postal Services Board desired that all
the Circles may be directed to strictly follow the orders issued by the postal Directorate in the matter,
and should hold the periodical meetings with the Unions as per the prescribed periodicity.

In this connection, I am directed to invite your attention to various instructions issued by the
Department of Posts for holding of meeting with the Unions and it is reiterated that the Unions may be
granted meetings by the concerned officers at Circle/Regional/Divisional level as per periodicity
indicated below:-
i) Circle branches of the recognised Union will be granted periodical meeting once in a four months
by the Head of the Circle except in cases of Admn. Unions where it is bi-monthly.
ii) Formal Bi-monthly meeting will be held by the regional heads; and
iii) Monthly meetings at the Divisional level with Divisional heads.

Secretary (P) has desired that these instructions should be followed by all the
Circles/Regions/Divisions. The effort should be to hold these meetings at the prescribed periodicity.
(No.31-1/92-SR Dated - 26.2.93)

X MEETINGS

No. 16-2/61-SR dated 1. The Association may, on obtaining prior permission of the local head of
31.8.61 office and after knowing the agenda of the meeting, hold meeting in office
33

premises. The grant of permission will in all cases be subject to the


conditions that the security of the office premises is not interfered with,
that the sanctity of the office premises is maintained and that there is no
disturbance to office work. The recreation rooms. Canteen open
compounds etc., attached to the departmental buildings are included in the
terms in the office premises. The office premises are not to be used as a
platform for any political party meetings. Requests for holding meeting
from two or more recognized Associations in the office premises shall be
considered by the Head of the office concerned on their merits taking into
consideration the space available, the number of people likely to attend,
matter to be discussed, possibility of feelings to be roused among the
participating Associations and need for safeguarding the departmental
property and installations.
No. 33-8/84-SR dated (ii) In addition to the above, the grant of permission will in all cases be
22.8.83 subject to the following conditions:
i. Meetings should be attended only by those members of the
Associations who are postal employees or are office bearers;
ii. Loud Speakers are not to be used, since they cause disturbance to
office work.

Further in case any damage is caused to office property, or breakages


caused to chairs, tables, etc. the Association concerned will be liable to
bear the costs of repairs or replacement of such items of furniture or any
other Government property.

In case of any violation by any Association of any of the conditions under


which the permission had been granted, no permission should normally be
granted for a minimum period of six months. After the expiry of this
period, the Head of the concerned office will use his judgment for granting
permission for holding meetings. If any Association comes with a request
for holding meetings before the expiry of the stipulated period of six
months and with sufficient justifications, the Head of the office will send
his recommendations to his next superior having regard to all relevant
considerations for a decision. If, owing to commission of any act of
violence, permission has been refused for holding meetings in the office
premises, permission to hold meeting on subsequent dates should be
granted with the approval of the Department of Posts.

It is clarified that the term 'Office Premises' includes the recreation rooms,
canteens, open compounds etc. attached to the departmental buildings.
No. 33-7/77-SR dated Permission to hold meetings may also be given in such offices which
26.12.77 work round the clock subject to administrative convenience and other
prescribed conditions and the official on duty not leaving their work to
attend such meetings.
No. 16-1/59-SR dated (iii) Requests for holding joint meetings of two or more recognized
17.9.59 Associations should be considered on their merits in the light of space
available, number of people likely to attend, issues to be discussed, the
possibility of feelings being roused among the participating
Associations and need for safeguarding the departmental property and
installations. The heads of offices may exercise their discretion in
granting permission and holding joint meetings in office premises
having regard to these considerations.
34

ISSUES TAKEN UP BY BRANCH UNIONS/ASSOCIATIONS/WITH M (C) MS (C) AND DG


DURING THEIR TOURS.

I am directed to state that in accordance with the prescribed channel of communication,


Unions/Associations at different level are to communicate only with their accredited authority, i.e., a
Divisional Union is to communicate only with its Divisional Head, a Circle Union with its Circle head
and so on, and as a guiding principle, their scope of representation is also restricted to matters of
common service interests which are within the competence of their accredited authority to dispose of.
However, if a matter is not settled to the satisfaction of the Union concerned at a particular level the
same can be taken up with the next higher authority through the Union accredited to that higher
authority.

However, during their tours, M (C), MS (C), D.G. receives requests from Branch Unions for granting
them interviews, which are generally conceded to not as a matter of right, but purely as a gesture of
courtesy and convenience. It is however, noticed that during such interviews, the Branch Unions
invariably violate the said channel of communication and also superseed the higher union authorities
by raising points or submitting memoranda containing matters not of local significance, but of all
India and general nature, which can be taken up only by Central Unions/Associations at all India level
in accordance with the existing orders. In this connection, your attention is invited to this office letter
No. 23-24/59 SR dt. 31.12.1959 (where in you are) requested to instruct your Branch Unions not to
take up matters of all India character or of general policy with the Minister or the D.G. but to confine
them selves to points of local significance, which is still in force.

In the circumstances stated above, I am directed to request you to ensure that the instructions
contained in this office letter dated 31.12.1959 referred to above are followed strictly by your branch
Unions/Associations in future.
No. 23-99/77-SR dt.29.12.77

PERIODICAL MEETINGS AT DIFFERENT LEVELS

The system of meetings held with the realigned unions at various levels has been reviewed and the
following decision have been taken by Government in regard to periodicity, duration, number of items
and number of union representatives attending these meetings: -

Periodicity: - The meetings at Circle and Divisional level will continue to be held monthly as at
present, while at the Centre meetings of the National Federation of P & T Employees and the Unions
affiliated to it with the Chairman, P&T Board, will be held once in two months.

Duration: - The duration of each meeting at the Centre as well as at the Circle level should not exceed
five hours, while at the Divisional level it should not exceed three hours.

Number of items: - The number of items to be submitted by each union will not ordinarily be more
than 2 at the Centre; if time permits, additional items my be discussed at the centre. The items will be
3 per union at the Circle level. There will be no restriction on the number of items to be discussed in
the monthly meetings at Divisional level within the prescribed time limit.

Number of representatives: - At the Centre, the number of representatives will ordinarily be restricted
to one per union, while at the circle level it should ordinarily be restricted to two per union. On special
occasions this limit may be exceeded with the permission of Director General/ Postmaster General at
the centre and circle level respectively. There need be no restriction ordinarily on the number of
35

representatives at the Divisional level. The union, will however, be expected to ensure that the
number of representative attending such meeting at the divisional level does not become unwieldy.

Receipt of this letter may please be acknowledged.


(No. 16-9-61-SR dated 22.03.63)

PERIODICITY OF UNIONS' FORMAL MEETINGS WITH THE ADMINISTRATION AT


DIFFERENT LEVELS - REVIEW OF

The question of formal periodical meetings between the Federation/Unions/Associations and the
Administration at Central/Circle/Divisional levels had been under careful review of the Departments
for some time past. The Department is of the view that the existing system of biomonthly/monthly
meetings at Central/Circle/Divisional levels had practically become redundant since the introduction
of a more effective and efficient system of representation of the cause of the employees, viz. the
Departmental and Regional Councils at Central and Circle levels under the scheme for Joint
Consultative Machinery and Compulsory Arbitration for Central Government employees. As such,
and keeping in view particularly the fact that the accredited authorities at all levels are finding it
difficult to keep up the frequency of the meetings as at present. It has been decided that henceforth the
formal periodical meetings between Federation/federated and non-federated Unions/associations and
the Admn. at different levels will be as follows: -

1. At central level meetings with (i) FNPTO and its affiliates


(ii) NFPTE and its affiliates
And (iii) Non- Federated Unions will be held once
in 4 months
(b) The Departmental Council would continue
to have the meetings once in Four months.
2. All Circle levels meeting with (i) Affiliates of FNPTO
(ii) Affiliates of NFPTE
And (iii) Non-Federated will be held once in 3
months.
(b) The Regional Council would continue to
have their meetings quarterly.
3. Divisional level : Meetings with federated and non-
federated Unions/Associations will be
held bimonthly.

All your branch Unions/Association may please be informed of the revised schedules of formal
meetings at branch levels for their information and guidance.
(No. 33/1/75-SR dated the 18th Sept. 1975)

MONTHLY MEETINGS - WHETHER ITEMS CONTAINING ALLEGATIONS AGAINST


INDIVIDUAL OFFICERS/OFFICIALS CAN BE INCLUDED IN AGENDA FOR
DISCUSSION IN

A question has been raised whether items containing allegations against particular officers/officials
may be accepted for inclusion in the agenda for discussion in the monthly meetings with the staff
unions. Doubts have also been raised whether criticism of the conduct and activities of individual
officers/officials may be permitted during discussion of various items in the said monthly meetings.
The facility of holding monthly meetings with the Administration at various levels, has been afforded
to the Realigned Unions/Associations mainly for resolving through discussions the grievances,
problems etc connected with service interest of the members of the Unions/Associations and for
36

offering suggestions for effecting improvements in the efficiency of the service. It is not the intention
that such meetings should be used as a forum for discussion of the acts of commissions and/or
commission of an individual officer/official. It is, therefore, clarified that criticism, discussion against
any individual, whether he is a non-gazetted employee or a gazetted officer is not permitted in formal
meetings between the Administration and the Unions/Associations. However. It can be brought to the
notice of Administrative Authorities concerned, through correspondence or through informal
discussion with the appropriate officer for necessary action.
(No. 33/2/68-SR dt. 07.06.68)

MEETINGS OF FEDERATIONS UNIONS/ASSOCIATIONS HELD WITH SR. OFFICERS


ON ISSUES ARISING OUT OF THE DISCUSSIONS IN THEIR MEETINGS WITH THE
CHAIRMAN, P&T BOARD - QUESTION OF ISSUING MINUTES OF THE.

It has been represented by certain Federations/Unions etc., that they are not being supplied with the
minutes of the meetings they hold with Senior Officers on issues arising out of the discussions in the
meetings they hold with the Chairman, P&T Board. As for example in their meetings with the
Chairman, P&T Board, the Federations Unions, etc., are sometime told that the issue may be
discussed/further discussed with Member/DDG concerned. The matter has been considered and it has
been decided that whenever such discussions take place, i.e. the Federations, Unions etc. hold
meetings with Senior Offices on issues arising out of the discussions in their meetings with the
Chairman, P&T Board, the formal minutes of such meetings should be duly drawn up by concerned
officers and issued to all concerned.
DGP&T No. 33-2/78-SR dated 30.10.78

SUBMISSION OF ITEMS FOR INCLUSION IN THE AGENDA OF BI-MONTHLY


MEETINGS AND QUARTERLY MEETINGS

Both the Federations and its affiliated Unions/Associations and the non-federated Unions/
Associations are being granted bi-monthly and quarterly interviews respectively with Chairman, P&T
Board. Each of the Federation and its affiliates and each of the non-federated Unions/Associations is
required to furnish three items for inclusion in the agenda of these meetings. It has been noticed that
some of the Unions/Associations send such items for inclusion in the agendas which have already
been discussed in the recent meetings, Discussion on such items are not likely to yield any results as
hardly any change in the position could occur so soon. The Chairman P&T Board has accordingly
decided that a matter discussed during the bi-monthly/quarterly meeting in any manner will not be
placed on the agenda of such meetings during the following 12 months, unless, for any special reason
the Chairman P&T Board directs otherwise.
No. 3-13-71-SR (Pt) dt. 7.12.71

JOINT MEETING OF RECOGNISED P&T UNIONS/ASSOCIATIONS IN OFFICE -


PREMISES

With reference to your letter No. GP/18-89 dated 17.12.59 on the above subject, I am directed to say
that each such case will have to be decided on its own merits by the Head of Local Office concerned.
(No. 16-1/59-SR dated 31.12.59)

GRANT OF SPECIAL INTERVIEW BY MEMBERS OF THE P&T BOARD TO THE


REPRESENTATIVES OF RECOGNISED UNION/ASSOCIATIONS

I am directed to state that it has been decided that General Secretaries of the recognised
Union/Associations seeking a special interview with the concerned Member of the P&T Board for
discussion of any urgent/special problems should in future, seek such an interview with the concerned
37

Member of the P&T Board. The interview would be granted by the Member of the P&T Board if an
appointment for the same is got fixed up in advance.
(No.3-3/81-SR Dated - 11.8.81)

XI. SUPPLY OF COPES OF ORDERS


No. 16-1/61-SR dt. 20.06.62 & reiterated in no. 16-46/92-SR. dt. 10.03.93)

1 (a) The Government cannot undertake invariably to supply copies of all orders or orders of any
specified category relating to conditions of service of employees. Copies of orders containing
decisions of general interest relating to service matters which are not marked 'Top Secret', ‘Secret’,
'Confidential' or 'For Official use only' may be supplied to the recognized Associations who are likely
to be interested in such orders. Copies of general letters, orders, circulars, circle orders, correction
lists, etc. come within this category of document, which can be supplied.

1 (b) As regards DG's Circulars, general letters and orders, etc., issued from the Department which
are not 'Secret' or 'Confidential' are supplied to the central office of All India Associations direct from
the Department and copies of circulars, etc., issued by the Heads of Circles as well as those issued by
DG's office are to be supplied by the circle office concerned to the central office of the relevant
recognized All India Associations irrespective of the fact that their headquarters are not located in the
circle and that supplies are to be made as soon as circulars are issued or received from DG's Office.
General circulars both from the Department/Circle are to be supplied to the Associations of all arms in
the Department and all the other circulars are supplied to the Services Associations of the appropriate
arm only.

1(c) As regards supply of statistical information on various subjects such as departmental


examinations, buildings programmes, etc. statistical information as is readily available; or can be
conveniently collected and may be really useful for the Association and which is not meant for
administrative purposes only, may be supplied to them provided its collection does not involve extra
labour, time or special efforts. The discretion in the matter of supplying such information, however,
rests with Heads of the Circle concerned who may refuse to meet such request if not found to be
acceptable. Information of the following kind is considered to be of an administrative nature and is not
meant to be supplied to the Association.

(i) The actual number of candidates who appear in a particular departmental examination and the
number of those who qualify or any other statistics relating to such examination which is meant
for office use only.

(ii) The number of vacancies in a circle office, etc., since a particular year/or during a particular
period and number of officials taken against them.

(iii) Information in form Establishment - II.

(iv) Standards evolved by the Administration as their rough guide for creation of posts, Standards of
the nature which have been approved by Government may, however, be furnished.

1 (d) Information collected by the employees in the course of their official duty and that obtained by
the Associations from Government should not be furnished to non- government bodies.
38

SUPPLY OF COPIES OF IMPORTANT ORDERS AND INSTRUCTIONS RELATING TO


POLICY MATTERS TO ALL THE RECOGNIZED SERVICE
ASSOCIATIONS/FEDERATIONS AND UNIONS - REG

This has reference to the SR Branch’s communications of even No. dated the 19th Oct, 2005 &
25.08.2006 on the above mentioned subject.

All divisional branch heads were requested to ensure supply of general, unclassified circulars etc
affecting the interest of member employees to the office bearers of recognised unions/federations. Still
number of complaints are being received from various unions pointing out non supply of such
circulars etc which is against the spirit of the prevailing instructions on the subject.

All division/branch heads are one again requested to ensure supply the copies of important orders and
instructions to the federations and recognised unions/associations without fail.
(No. 10-12/2005-SR dated 07.02.2007)

XII. USE OF NOTICE BOARD

DG's Special1. Associations may be allowed to display notices relating to the following: -
General Circular(i) The date, time, the place and purpose of a meeting.
No. 23 dated(ii) Statement of Accounts of Income and Expenditure of the Associations.
19.11.59 & (iii) Announcements regarding holding of elections excluding canvassing
16.12.71-SR dated thereof and result thereof.
15.10.71 (iv) Reminders to the members of the Associations in a general way about
the dues outstanding against them.
(v) Announcements relating to matters of general interest to the members of
the Associations provided: -
(a) They are not in the nature of criticism;
(b) They are not subversive of discipline;
(c) They do not contain objectionable or offensive language; and
(d) They do not contain attacks on individuals directly or indirectly.
Notices relating to strike cannot be displayed on Notice Board
installed in office premises.
No. 16-7/60-SR 2. The recognized Associations should ensure that their Branch Unions
dated 8.7.60 & No. follow strictly the orders in the mater of displaying their notices/circulars etc.
16-17/81-SR dated on notice boards placed in office premises and avoid the irregular practice of
26.12.81 displaying their posters etc. on the walls/doors etc., of the Government
buildings/offices.

DISPLAYING OF NOTICES BY RECOGNIZED P&T ASSOCIATIONS UNIONS ON


NOTICE BOARDS INSTALLED IN OFFICE PREMISES.

XIII. ELECTION AND DISPUTES

No. 69-60/71- SPB- 1. The Service Associations should invariably endorse a copy of the notice
II/SR dated 31.1.72 regarding convening of the general body meeting of the Service
Associations at different levels along with a copy of the agenda for the
meeting to the Heads of administration concerned at different levels. The
list of newly elected office bearers are also invariably to be furnished
immediately after the meeting to the accredited authority concerned. The
newly elected office bearers will not be afforded the prescribed facilities
and concession unless these formalities are complied with.
39

No. 19-1/73-SR 2. The Recognition of the office-bearers and the facilities granted to them
dated 19.2.74 & would be withdrawn after the lapse of three months from the dates of
No. 39-38/81-SR fresh elections fall due as per constitutions of the respective Associations.
dated 13.1.82 &
No. 16-38/82-SR
dated 18.12.82
No. 16-12/73-SR 3. An elected Divisional Secretary may be permitted to represent both the
dated 27.7.73 Divisions when a divisional is bifurcated up to a period of three months
from the date of bifurcations which is considered adequate for
establishing a new branch or electing new office bearers. Similarly, an
elected circle secretary may be permitted to represent the bifurcated
circles for a period of three months.
No. 17-8/74-SR 4. When a new branch is formed, it may not be possible for a variety of
dated 8.7.75 reasons to send notices, etc., in advance to the Administration or to
publish any notice about the meeting. In such cases even if a formal
notice is not issued for convening a meeting of the prospective members
for forming a new branch and elections of office bearers, the intention to
hold such a meeting, should be communicated confidentially, if
necessary, to the Head of the Circle/Division as the case may be. This
should be done by the Circle Secretary in the case of formation of
Divisional Branch and by the General Secretary of the All India Union in
case of Circle Branch.
No. 19/1/73-SR dt.
25.06.74 5(A) As soon as a list of office bearers is received, it should be verified by
the accredited authority whether the new office bearers have been elected
after due notice in accordance with the provisions continued in the
constitution of the Union.
No. 16-1/76-SR dt.
15.07.77 (B) If any Service Association requests that an independent observer from the
official side may be sent to watch the elections, such an observer may be
sent. It should be ensured that he belongs to a Branch of the department
different from the branch which the branch of the Union concerned belong to.

No. 16-8/77-SR dt. (C) Normally, after an election, the outgoing President or the outgoing
01.02.78 Secretary of the Branch concerned (or convenor in the case of new branch)
should communicate to Administration the names of the new office bearers
and such communications should normally be accepted, In case, however, a
parallel list is received from any person or persons claiming to have been
duly elected at the same meeting, a dispute should be deemed to have arisen.

(D) Once a dispute arises, the normal facilities should be denied to both the
groups.

(E) In case of dispute, a report should be obtained from the observer, if any,
and the matter decided accordingly.
No. 41-4/87-SR 6. In addition to the election disputes below Circle level, the disputes in the
dated 17.2.87 election of office bearers of the Unions at Circle level may also be decided by
the heads of Circle on the basis of the material furnished by the unions and
provision contained in the constitution of Association. If considered
necessary, a reference may be made to the General Secretary of the All India
Union concerned for obtaining his views in the matter. If the circle
Associations are not satisfied with the decision of the head of the Circle, the
40

matter can be taken up with the Department through their respective All India
Association in accordance with the prescribed channel of communications.
(Also read the following instructions).
16-25/2002-SR dt 7. While issuing revised instructions regarding settlement of election disputes
8th July, 02. at circle level (Vide No. 41-4/87-SR dated 17.2.87, stated above), it was
interalia made clear that "if considered necessary, a reference may be made to
the General Secretary of the All India Union concerned for obtaining is views
in the matter.' The matter has been reconsidered and it has been decided that
in case of election dispute at circle level "a reference should be made to the
General Secretary of the All India Union concerned for obtaining his views in
the matter. To this extent, the instructions issued vide letter No. 41-4/87-SR
dated 17th February, 1987 stand modified. It may be further clarified that all
other instructions contained in the above referred letter of 17the February,
1987 remain unchanged.

No. 19-1/73-SR 8. In the case of postal circle, an observer from RMS Branch should be sent
dated 23.4.75 where the Associations concerned belongs to the Postal branch or vice versa.
In the case of circle union, the observer should invariably be a Gazetted
Officer.
No. 38-1/74-SR 9. There is no necessity for All India Association to send list of officer
dated 28.9.74 bearers of their branches to the Department for onward transmission to the
heads of circles etc., for necessary action excepting in cases where
extraordinary situation has arisen requiring consideration of the lists in the
Department. The Department when addressed in special cases, it should be
indicated why the Department is being addressed.
No. 19-1/89-SR 10. The adhoc committees formed by Service Association at different levels
dated 20.1.89 & will not be approved in a normal course as the same are against the basic
No. 19-5/72-SR dt. tenets of democracy. However, if it becomes necessary for any
25.05.72 Association to appoint adhoc committee of any level in unavoidable
circumstances, the same will be approved subject to the following
conditions: -
(i) The constitution of the concerned unions/associations contains a specific
provision in this regard.

(ii) No ad hoc committee will be approved at any level for formation of a new
branch.

(iii) Ad hoc committee in circle office/administrative offices will be approved


by the Department of Posts for a maximum period of three months on receipt
of a request from General secretary of the Unions/Association explaining the
necessity thereof in detail along with a copy of the resolution passed by CWC
etc., depending upon the merits of each case.

(iv)Ad hoc Committees for Divisions will be approved by the Heads of


Circles for a maximum period of 3 months on a receipt of request from the
Circle Secretary of the concerned union/association explaining the necessity
thereof in detail along with a copy of the resolution passed by the Circle
Working Committee etc., depending upon the merits of each case.

(v) Adhoc Committees proposed to be appointed at any level will not consist
of more than 4 members out of whom one member will be designated as
Convenor subject to condition that they are otherwise also eligible to be
41

elected as office bearers and no case is pending in any court in this regard.

(vi) In case of a dispute when two parallel lists are received no office bearers,
whose name appears in either of the lists, will be nominated as member in the
proposed Ad hoc committee to settle the dispute.

(vii) If the Ad hoc Committee fails to hold the fresh elections within a period
of 3 months, the union facilities granted to its members would automatically
stand withdrawn on expiry of the stipulated period.

DISPUTES BETWEEN DIFFERENT GROUPS IN THE BRANCH UNIONS AT DIFFERENT


LEVELS REGARDING ELECTION OF OFFICE BEARERS - RESOLVING OF

I am directed to state that instructions on the above subject have been issued from time to time in this
office letter No. 19/9/65-SR dt. the 7th June, 1966, 2nd August, 1966 and the 24th September, 66. The
matter has been further reviewed in the light of experience gained in recent years. The following
consolidated instructions on the subject are issued for guidance of Circles and the Divisional Officers.

(i) According to the constitution of each union, a notice for holding the Annual Conference for
electing the office bearers of a Union is required to be issued for the information for all
concerned. Instructions already exist that a copy of such a notice should invariably be endorsed
by the Union concerned to its accredited authority. It is therefore imperative that as soon as a list
of office bearers is received, it should be verified by the accredited authority whether the new list
of office-bearers have been elected after due notice in accordance with the constitution of the
Union.

(ii) If any union requests that an independent observer from the official side may be sent to watch the
election such an observer may be sent. It should be ensured that he belongs to a branch of the
Department different from the branch to which the members of the Union concerned belong.

(iii) Normally, after an elections the out-going president or the out-going Secretary of the branch
Unions concerned (or convenor in the case of a new branch Union) should communicate to the
Administration the names of the new Office Bearers and such communication should normally be
accepted. In case, however, a parallel list is received from any other person or persons claiming
to have been duly elected at the same meeting, a dispute should be deemed to have arisen.

(iv) Once a dispute arises the normal facilities should be denied to both groups and the matter should
be reported to the Directorate. If any communications is received from the General Secretary of
the All India Union or any other authority connected with the Union indicating the list of office-
bearers recommended for recognition and grant of facilities, it should be ignored and the orders
of the D.G. P&T awaited.

(v) In case of dispute, a report should be obtained from the observer and forwarded along with other
material to the Directorate for orders.

The above instructions may be brought to the notice of all concerned.


No. 19/1/73-SR dt. 25.6.74

INSTRUCTIONS ON TRADE UNION FACILITIES ADMISSIBLE TO UNIONS /


ASSOCIATIONS - SETTLEMENT OF ELECTION DISPUTE
42

I am directed to invite your attention to this office letter No. 41-17/79-SR dt. 18.2.1980, and
subsequent clarifications on the above subject and to say that the question of revision of the existing
instructions. In cases of election disputes at Circle level has been under consideration of the
Department of Posts for some time past. It has been decided that in addition to the election disputes
below Circle level, the disputes in the election of office-bearers of the unions at Circle level may also
be decided by the Heads of Circle on the basis of the material furnished by the Unions and provisions
contained in the Constitution of the Union. If considered necessary a reference may be made to the
General Secretary of the All India Union concerned for obtaining his views in the matter. If the Circle
Unions are not satisfied with the decision of the Head of Circle, the matter can be taken up with this
Department through their respective All India Union/Associations in accordance with the prescribed
channel of communications.

The existing procedure will, however continue to be followed in the cases of election disputes arising
at Central level.

All concerned should be instructed suitably in the matter.


(DG No. 41-4/87-SR dated 17.2.1987)

INSTRUCTIONS ON TRADE UNION FACILITIES ADMISSIBLE TO SERVICE


UNIONS/ASSOCIATIONS - SETTLEMENT OF ELECTION DISPUTE

I am directed to draw your kind attention to the Department’s letter No. 41-4/87-SR I dated the 17th
February 1982 on the above mentioned subject.

While issuing revised instructions regarding settlement of election disputes at circle level, it was inter
alia made clear that "if considered necessary a reference may be made to the General Secretary of the
All India Union concerned for obtaining his views in the matter". The matter has been reconsidered
and it has been decided that in case of election dispute at Circle level “a reference should be made to
the General Secretary of the All India union concerned for obtaining his views in the matter". To that
extent, the instructions issued vide letter No. 41-4/87-SR dated the 17th February, 1987 stand modified
It may be further clarified that all other instructions contained in the above referred letter of the 17th
February 1987 remain unchanged.

The receipt of this letter may kindly be acknowledged.


16-25/2002-SR dt. 02.07.02

RECOGNITION OF OFFICE BEARERS


I am directed to state that instructions were issued under this office letter No. 19/73-SR dated
19.2.1974 that the recognition of the office-bearers and the facilities granted to them would be
withdrawn after the lapse of three months in the case of Division/Circle Unions/Association and six
months in the case of Central Union/Associations from the dates fresh elections fall due as per
Constitutions of the respective unions/Associations. However, it has been observed that in actual
practice, elections are often not held according to the Constitution and the same set of office-bearers
continue to hold office for years together in violation of the provisions contained in the Constitutions
as well as Directorate’s letter dated 19.2.1974 referred to above. Government do not consider it
desirable to allow this state of affairs to continue. It has, therefore, been decided that henceforth, it
may please be ensured by Heads of Circles, etc. that a watch is kept over the regularity in holding
union elections, by way of maintaining a check register in the respective Circle/District Administrative
Office and in case elections are not held in time, the usual trade union facilities are to be stopped to the
existing office-bearers of the unions/association immediately on expiry of the grace period of 3
months.
43

The above instructions may be brought to the notice of all concerned for strict compliance.
(No. 16-38/82-SR Dated - 18.12.1982)

CONSTITUTION OF ADHOC COMMITTEE FOR BRANCH UNIONS BELOW


DIVISIONAL LEVEL – CLARIFICIATON REGARDING

I am directed to refer to your circle’s letter No. Union-504-3 dated 27.01.094 as also Circle’s earlier
reference of even number dated 02.12.093 and our letter No. 10-18/93-SR dt. 18.10.93 on the subject
mentioned above and to clarify the position as under:-

(i) There is no necessity of approving ad hoc committees for holding elections of branch unions
below Divisional level. Adhoc committees may be approved for divisional and Circle level Unions
as already laid down in the Directorate’s letter No. 19-1/89-SR dated 20.01.89.
(ii) Only limited union facilities are extended to branch union below divisional Level namely
collection of subscription, use of notice boards and permission to hold the meetings within the
premises of the office. No meetings are held by Divisional administration with unions below
divisional level. In order to extend these limited union facilities, the Divisional administration
should know the office bearers elected for Branch Unions below Divisional level. For this purpose
a communication to this effect from the Divisional Secretary or Circle Secretary should be
sufficient.
(iii)The modalities for holding elections below Divisional level should be left at the discretion of the
Circle Union/Divisional Union. It should be considered purely/internal matter of the Union. If the
Circle/Divisional Unions decides to appoint an ad hoc committee for holding the elections in case
of a dispute or even otherwise, the circle Administration/Divisional Administration need not take
any note of it and no approval for constitution of such ad hoc committees may be given.
(No. 10-18/93-SR dated 09.06.1994)
1
XIV. JOURNALS

1 (a) The Union/Association should get prior approval of the Government before publishing a journal
or any periodical.

(b) While sending application for permission to publish a journal/periodical, the following information
may be furnished: -
(i) Name of the Journal/Periodical
(ii) Name of the Union/Association publishing journal/periodical, including the name of the
circle/divisional/local branch, (if a branch is publishing the same),
(iii) Name of the editor
(iv) Whether the editor is a Government servant or an outsider.
(v) Station from which the journal/periodical will be published

No. 70-8/58-SPA The Service Associations should send copies of journal invariably to the Heads
dated 22.9.58 of Circles, etc., so that they may also be aware of the general grievances of the
employees.
No. 70-62/58-SPA If wild allegations are published in journals, publication of the unions or
dated 30.10.58 intemperate and offensive language is used, the attention of the union should
be drawn to it and they should be asked to make amends. If this is not done,
the question for withdrawal of the permission given to the Unions for
publishing these journals would be considered.
No. 16-15/59-SR No person, who is not a member of the union/association, is eligible to become
dated 20.8.59 an Editor of the journal/periodical issued by the Unions/Associations.
No. 24-2/64-SR Unions/Associations and their duly constituted branches may publish
44

dated 23.9.66 souvenirs on the eve of their annual conferences, etc., without obtaining prior
permission of the Government subject to the condition that the contents of
such publication do not in any way violate the provisions of the conduct Rules.
Such publications should relate only to the legitimate activities of the
Union/Associations and should not contain any objectionable material or
offensive language.
No. 24-4/87-SR There is no objection, if the Union/Associations at different levels accept
dated 15.12.87 advertisement for the publication of souvenirs to be brought out at the time of
their annual conferences etc, subject to the following conditions: -
(i) Procurement of advertisements from private parties for publication in
souvenirs/or similar publications brought out by the Service Associations
etc., will not henceforth be allowed; and
(ii) Procurement of advertisement from Government Departments and public
or Corporate Bodies would, however, continue to be permitted.
No. 24-4/76-SR The journals of the recognized unions/associations would deal with service
dated 29.5.76 & matters only and would not publish news or comments not directly related to
No. 25-3/82-SR such matters. In addition, use of intemperate language should also not be
dated 30.3.83 resorted to. Moreover, the permission to publish journals is always subject to
the following conditions: -
(i) The journals deals with the service matters and does not publish news
or comments not directly related to such matters.
(ii) No material is published in the journal in violation of the Central Civil
Services (Conduct) Rules, 1964 as amended from time to time. In case, any
objectionable material is published by the unions/associations in their
periodical journal, the question of withdrawal of permission for publication
of such journal and all other appropriate disciplinary action can be taken
against the author.
(iii) The unions should not use intemperate language in the Journal.
No. 26-1/98-SR (1) Heads of Circles were delegated with the powers in the matter of grant of
dated 17.11.98 permission to unions/associations to publish journals/periodicals subject to
and No. 5- the following conditions: -
10/2001-SR dated (i) The circulation of the journal/periodical is restricted to members of the
1.12.2001 branch union only.

(ii) The journal deals with the service matters and does not publish news or
comments not directly related to such matters.

(iii) No material is published in the journal/periodical in violation of the


provisions of the Central Civil Services (Conduct) Rules, 1964 as amended
from time to time.

(iv) The Union should not use intemperate language in the journal.

(2) While considering the request, it would be ensured that applications are
accompanied by a copy of the letter from Registrar of Newspaper accepting
the title of the Magazine and clearance form local/district or State Authorities.

ACCEPTANCE OF ADVERTISEMENT FOR THE JOURNALS/SOUVENIRS OR ANY


OTHER PUBLICATIONS BROUGHT OUT BY THE RECOGNISED SERVICE
ASSOCIATIONS/UNIONS
45

The recognised Service Associations/Unions are required to obtain prior approval of the Government
before starting any periodical, magazine or bulletin, etc.

2. The existing procedure, as laid down in MHA UO No. 2/14/67-JCA dated 22-9-1967, in the matter
of acceptance of advertisements for such publications produced by the Service
Associations/Unions/Federations has been reconsidered.

3. In partial modification thereof, it has been decided as follows:-

i. Procurement of advertisements from private parties for publication in souvenirs/or similar


publications brought out by the service associations etc will not henceforth be allowed, and
ii. Procurement of advertisements from Government Departments and public or corporate bodies
would, however, continue to be permitted.

4. All the recognised service associations/unions/federations, working under the various Ministries,
may be suitably advised of the above decision, and instructed to strictly follow these instructions.
(Department of Personnel and training OM No. 8-18/86-JCA dated 25th May 1987 (DG Posts No.
24/4/87-SR dated 15.12.1987)

GRANT OF PERMISSION TO PUBLISH JOURNAL-DELEGATION OF POWERS TO


HEADS OF CIRCLES

I am directed to refer to this office letter No.10-9 (A)/98-SR dated the 5th November 1999 vide which
compilation of instruction on union facilities, in terms of CCS (RSA) Rules, 1993 was circulated to all
concerned. On pages 24-26 of the said compilation, there is gist of the instructions issued by the
Department Government of India from time to time relating to issue of journals etc. by the Unions
Associations.

In this regard, reference is also invited to this office letter no. 26-1/88-SR dated the 17th November
1998 vide which Heads of Circles were delegated with the powers in the matter of grant of permission
to Unions/Associations to publish journals. In the said instructions, it was inter-alia made clear that
while considering such requests, it would be ensured that applications are accompanied by a copy of
the letter form Registrar of Newspaper accepting the title of the magazine and clearance form
local/district or State authorities. Inadvertently the said instructions could not be included in the
compilations of instructions circulated vide letter dated the 5th November 1999 referred to above. A
copy of the letter dated the 17th November 1988 is enclosed herewith with the request that necessary
entry to this effect may be made in your copy of compilation of instructions on union facilities to be
used for information and guidance.
(No. 5-10/2001 SR dt. 21.12.2001)

GRANT OF PERMISSION TO PUBLISH JOURNAL-DELEGATION OF POWERS TO


HEADS OF CIRCLES
I am directed to state that at present in accordance with the existing instructions on the subject all
applications from All India Unions and their branches to publish a journals/periodicals at all levels are
required to be referred to the Directorate for grant of permission alongwith the following information:-
i) Name of the Journal/Periodical.
ii) Name of the Union/Association Publishing Journal/Periodical (including the name of the
Circle/Divisional/Local Branch, if a branch is publishing the same)
iii) name of the editor.
iv) Whether the Editor is a Government servant or an outsider.
v) Station from which the Journal/Periodical will be published.
46

The question of delegation of powers to Heads of Circles to grant permission to branch Unions at
Circle level and below to publish journal/periodicals has been under consideration. The staff side also
raised this issue in the meeting of the Departmental Council held on 27th & 28th July, 1988.
Accordingly, it has now been decided to delegate the powers to Heads of Circles to grant permission
to Unions at Circle level and below to publish journals/periodicals subject to the following
conditions:-
(i) The circulation of the journal/periodical is restricted to members of the branch unions only.
(ii) The journal deals with the service matters and does not publish news or comments not directly
related to such matters.
(iii) No material is published in the journal/periodical in violation of the provisions of the Central
Civil Service (Conduct) Rules, 1964 as amended from time to time.
(iv) The Union does not use intemperate language in the journal.
While considering such requests it may be ensured that the applications are accompanied by a
accepting the title of the Magazine and clearance from Local/District or State authorities.

The Unions who have been permitted to publish the journals/periodicals would be required to supply
two copies of every issue to the Heads of Circles for perusal and scrutiny.
(No. 26-1/88-SR)

PUBLICATION OF SOUVENIRS BY SERVICE ASSOCIATIONS

In suppression of the instructions contained in this office letter No. 24-2/64-SR dated 6.12.65, I am
directed to state that the recognised Unions Associations and their duly constituted branches may
publish Souvenirs on the eve of their annual conference etc with-out obtaining prior permission of the
Government subject, however, to the condition that the contents of such publications do not, in any
way, violate the provisions of the C.C.S. (conduct) Rules, 1964. Such publications should relate only
to the legitimate activities of an Association of an Association/Union and should not contain any
objectionable material or offensive language.
(DG P&T letter No. 24-2/64-SR dated 23.9.66)

PAID ADVERTISEMENTS FROM PUBLIC IN UNION JOURNALS/SPECIAL ISSUE


SOUVENIRS

It has been decided in consultation with the Department of Personnel that there is no that there is no
objection if the Unions/Associations at different levels accept advertisements for souvenirs to be
brought out at the time of Annual Conferences. The Unions/Associations may adopt the following
procedure in this regard:-
(a) Acceptance of advertisements from Government Public or Corporate Bodies.
There is no objection to the Unions obtaining directly advertisement from Government
Departments, public or Corporate Bodies.
(b) Acceptance of advertisement from private bodies.
Private advertisements may be allowed to be obtained through advertising agencies in the case
of major organisations and through open tender system in the case of smaller ones. A list of
approved advertising agencies may be obtained from the Director of Advertising and Visual
Publicity which maintains such a list.
2. No prior permission of the Government is necessary for publication of souvenirs on the eve of
annual conferences. It should, however, be ensured that the contents of the publications do not violate
the provisions of CCS (Conduct) Rules, 1964, it relates only to legitimate activities if the
Unions/Associations and should not contain any objectionable material or offensive language.

XV. GUIDELINES FOR RECOGNITION OF FEDERATION


47

No. 2/14/98-JCA dated 3rd July, 02 circulated vide No. 6-2/2002-SR dated the 19th July, 2002

(1) The Administrative Ministries/Departments may consider granting Recognition to the Federation
with the approval of Minister in charge subject to the condition that affiliated unions/associations
are recognized under CCS (RSA), Rules, 1993. For this purpose following documents are
required to be submitted by the Federation seeking Recognition.
(a) Constitution and bye-laws
(b) Authorisation letters of the unions/associations affiliated to the proposed Federation.
(c) Membership of the individual affiliated recognized unions/associations based on the verification
of membership under the check -off system along with list of the office bearers and the categories
represented by them.
(d) Names of the office bearers of the Federation.

(2) It will be open to the Government to withdraw Recognition at any time after giving an
opportunity to the Federation to present its case, if they fail to comply with any of the conditions
prescribed under Rule 6 of CCS (RSA), Rules, 1993 or any other conditions as may be prescribed
in this regard.
(3) It is also clarified that the continued existence of Federation depends on the status of its affiliated
unions/associations. The Recognition of the Federation shall stand withdrawn at any time its
affiliated associations/unions are either derecognised for any reasons or its affiliated
associations/unions withdraw their affiliation to the said Federation.
(4) If any Ministry/Department had granted Recognition to any Federation the same may be
withdrawn immediately, if the above guidelines are not satisfied. The concerned Federation, if
they so desire, may submit a fresh application seeking Recognition in accordance with these
guidelines.
(5) Before the proposal for grant of Recognition to the Federation is processed, the
Ministries/Department may refer one sample case to DOP&T for vetting the draft constitution or
any other relevant documents submitted by the Federation.

XVI. MISCELLANEOUS

No. SPA-78-4/54 1. The Unions should not use intemperate and objectionable language against
dated 12.2.54 & officers in their correspondence as well as journals.
No.SPA-70-69/57
dated 19.2.58
No.70-62/58-SPA 2. If a letter received from a union by an officer contains intemperate and
dated 20.12.58 offensive language, no notice would be taken until the defect is rectified.
No. 21-4/70-SR 3. The Departmental officers should not encourage any joint conference of two
dated 27.6.70
or more unions at circle or divisional levels. Joint Conference means, the
reiterated vide
practice of holding Joint Conferences at the circle/divisional level of more than
letter No. 21- two unions/associations for the purpose of elections etc., at this level. It is,
3/92-SR dated
therefore, reiterated that wherever such instances of holding joint conferences
22.6.92 come to the knowledge of the Department, the same may not be encouraged.
No. 16-4/83-SR 4. The suggestions received from the Unions with a view to improving the
dated 23.7.63 & efficiency of the services may be discussed with the Unions at circle and
No. 3-4/84-SR
central levels. If any suggestions are received for discussion, they may be
dated 15.10.84 included in the agenda for discussion in the prescribed periodical meeting at
all levels including the Postal Departmental Council and the Regional
Councils of JCM.
No. 10-17/77-SR 5. One of the conditions of the Recognition rules requires that a list of
dated 1.12.77 members, an up to date copy of the constitution and an audited statement of
accounts shall be furnished to the Government annually through proper
48

channel after the general annual meeting is held. The Union should ensure that
(1) a list of membership (2) an audited statement of accounts (3) an up to date
copy of the constitution are invariably furnished to the Director General
annually in compliance with the conditions of the Recognition rules.
No. 38-4/71-NB 6. Subject to availability, minimum government office accommodation may be
dated 25.1.75 allotted for office purpose to recognized unions and Associations. The rent
shall be charged on basis of standard rent under FR-45 A or pooled standard
rent under FR-45-A where rents have been pooled. In addition, service charges
etc., shall also be recovered from the unions and Associations.
No. 23-21/66-SR 7. It is not necessary for all India unions to forward to the Directorate
dated 3.12.66 resolutions passed by their Branch Unions at various annual conferences. The
All India Unions, if they like, may send to the Administration, the resolutions
passed at their All India Conferences for information.
No. 10-13/71 8. The representatives of recognized Unions/Associations should be invited
dated 30.8.71 & to attend all formal functions of the Department as a matter of courtesy and
No. 10-3/86-SR gesture of goodwill and the following procedure may be adopted:
dated 23.10.86 (i) In respect of the functions, where members of the public are not invited,
only the presidents and the Secretaries General of the Federations and General
Secretary of the concerned unions/associations are to be invited to attend such
functions.

For functions like laying of foundations, inauguration, opening ceremonies


etc., of postal buildings and installations, where members of the public are
invited, the invitation is to be extended to the Presidents and the Secretaries
General of all the recognized unions/associations.

On occasions like inauguration of postal week celebrations etc. where public


cooperation is enlisted the invitation shall be extended to the
unions/associations representatives as in (2) above
No. 31-1/81- 9. The Federations have been informed that they have not been granted
GA/SR dated facilities for erecting flag mast and flying unions/associations flags in
29.12.81 office premises used either in Departmental or rental buildings.
No. 10-3/87-SR 10. As per the prescribed channel of communication, the all India Unions/
dated 21.7.87 Associations can address DG (Posts) on various subjects. They can
correspond directly with the concerned Deputy Director General also on
any subject which they want to take up with the DG (Posts). (A list of Dy.
Directors General and the Sections working under them along with the list
of items of work dealt with by various sections has already been forwarded
to all recognized unions/associations).

RELATION WITH UNIONS

As you may be aware the NFPTE had submitted a memorandum to the Shah Commission on
"excesses of emergency". The memorandum was forwarded by the commission to Secretary (C)
suggesting that the complaints may be enquired.

2. The complaints have since been examined after getting reports from the concerned Circles.
Remedial action has also been taken wherever called for. The matter was also discussed with the
representatives of the NFPTE. A copy of reply given to Shah Commission is enclosed.

3. With the change of Government from April, 1977 most of items mentioned by the Federation have
been settled to mutual satisfaction. The government is anxious that the relations with Unions should be
49

cordial. All union matters should be dealt with strictly in accordance with the instructions on the
subject. instructions on trade union facilities have already been consolidated and issued as a
compendium vide letter No. 10-7/72-SR dated 08.06.78 for ready reference. The administration should
be taken an impartial attitude when dealing with election disputes in unions or in other cases of inter-
union or intra union rivalries. All local grievances of staff should be settled expeditiously and union
references attended to promptly. Any urgent or pressing issues could be discussed by inviting the
union representatives for meetings for special discussion for early settlement.

These instructions may be circulated to all subordinate authorities.


(DGP&T No. 18-1/78-SR dated 9.11.1978)

ENTERTAINMENT OF SUGGESTIONS FROM UNIONS AND ASSOCIATIONS FOR


IMPROVEMENT OF EFFICIENCY IN THE P&T SERVICES

Kindly refer to this office letter no. 16-9/61-SR dated the 22nd March, 1963 regarding periodical
meetings at different levels. During the interview granted by the Director-General to the National
Federation of P&T Employees and the federated unions in January, 1963 the Director-General decided
that suggestions received form the Unions with a view to improving the efficiency of P&T Services
might be discussed with the federated Unions at the regular meetings held at Divisional, Circle and
Central levels. Therefore, if any suggestions are received from the unions with a view to improving
the efficiency of the Services for discussion during those meeting. Those suggestions may be included
in the agenda for discussion within the limits prescribed in this office letter No. 16-9/61-SR dated the
22nd March, 1963.
(No. 19-4/63-SR dated 23.7.63)

COORDINATING COMMITTEES OF P&T UNIONS

Under the realignment Scheme 1954, the Department recognised nine different Unions affiliated to the
National Federation of P&T Employees. The affiliated Unions have their Branches at the Circle and
Divisional levels and the correspondence is exchanged with these Branches by the heads of Circles
and Divisional offices respectively. The National Federation of P&T Employees at the Central level is
authorised to co-ordinate the activities of the realigned P&T Central Unions and no other coordinating
committee at any other level has been recognised by the Department.

Of late, it has been noticed that at the Circle level, the Branch Unions form Coordinating Committees
and send communications to the Head of the Circles since the Coordinating Committees are not
recognised at the Circle level no correspondence can be entertained from them.

You may therefore advise the Branch Unions not to address an communications on behalf of the so
called Co-ordinating Committees to the Heads of Circles or any other office at the Divisional or local
level.
(No. 31-7/66-SR dt. 09.01.67)

SERVICE UNIONS CAN TAKE UP ESTABLISHMENT NORMS CASES


I am directed to invite a reference to Para 2 of this office letter of even no dated 18.10.65 on the above
subject and to clarify that the term “Individual Posts” in this para is intended to cover only the case
individual posts for which no standards have been determined or laid down so far. Wherever standards
for creation of Posts have been determined the service unions/ Association can take up the cases for
their implementation even if it means only a solitary additional post is justified.
(P&T Board No.16-6/65-SR Dated - 3.6.66)
50

ASSOCIATIONS OF SERVICE UNIONS IN WORK STUDY


Whenever any work study is undertaken the CHQ will be requested to send their views and materials
to the Directorate to assist work study. At local level also when the team visits the union
representatives will be given an opportunity to place their views creation and abolition of posts in
purely an administrative matter and it is not a subject which the union can discuss with the
administration. It is for the Dept. to decide whether a particular post is justified or not and it is not the
function of the union determining the justification or otherwise of the post. Views of union may
however be considered when the question is examined on merits. No correspondence will be
entertained with the union on creation of individual posts. The question of standards for creation of
posts is a different matter and does not fall in the above category.
(DG P&T No. 1-1/71 dated - 30.11.72)

CORRESPONDENCE ON ESTABLISHMENT BY UNION


I am directed to say that instructions issued in this office letter of even No. dt. 31.3.55 on the above
subject have been reviewed and it is clarified that wherever standards for creation of posts have been
determined, service unions/associations can take up the case for the implementation of these standards
in regard to any particular office.

It is however for the Dept of decide whether a particular post is justified or not and correspondence
from service unions/associations on merits of the case pertaining to creation/abolition/conversion of
individual posts will not be entertained, though their views in matter may be noted and taken into
account when the matter is considered in normal course.
(DG P&T 16-6/65-SR dated - 31.3.65)

REGARDING INDIVIDUAL CASES

Under the existing orders, the service unions/associations shall not espouse or support the cause of
individual Govt. servants relating to service matters. Nevertheless, reference relating to individual
cases are, every now and then, received from Unions/Associations at different levels. At present, no
uniform procedure is being followed in the matter of disposal of these references. Consequently, it has
been decided that a uniform reply in all such cases should be given to unions/associations. The
unions/associations may be informed that they are precluded from taking up individual cases with the
Administration, and as such, their references in this connection are being filed.
(SR 16-2/72-SR dt. 07.07.72)

SUBSEQUENT INSTRUCTIONS ON INDIVIDUAL CASES


There appears to be some misimpression that the prohibition of taking up individual cases by the
unions is only for meetings and it does not relate to correspondence.
(SR/1-2/79 dt. 17.12.83)

REGARDING CREATION/ABOLITION OF POSTS


Creation and abolition of posts is purely an administrative matter and it is not a subject which the
unions can discuss with the Administration. It is for the Department to decide whether a particular post
is justified or not and it is not the function of the Union to determine the justification or otherwise of
the post. Views of the union may however be considered when the question is examined on merits. No
correspondence will be entertained with the union regarding creation of individual posts. The question
of fixation of standards for creation of posts is a different matter and does not fall in the above
category.
(DG No. 16-6/65-SR dt. 31.03.65)
51

ALLOTMENT OF GOVT. OFFICE ACCOMMODATION TO THE


UNIONS/ASSOCIATIONS OF CENTRAL GOVT. EMPLOYEES FOR THEIR OFFICES

The President has been pleased to decide that, subject to availability, minimum Govt. office
accommodation may be allotted for office purposes to recognised P&T Unions and Associations. The
rent shall be charged on the basis of standard rent under F.R. 45-A or pooled Standard rent under FR-
45A where rents have been pooled. In addition service charges, etc. shall also be recovered from the
Unions/Associations.
(No. 38/2/71-NB Dated : 22.03.72 & NO. 38-4/74-NB dt. 25.01.75)

ASSOCIATION OF SERVICE UNIONS IN WORK STUDY


I am directed to state that the question of associating the Unions/Associations in work studies is
engaging the attention of the P&T Board. Pending Board’s decision, it has been tentatively decided
that whenever any work study is undertaken, the Central Headquarters of the Union will be requested
to send their views and material if any to the Directorate to assist the, Work Study. At local level also,
when the study Team visits any office, the Union’s representatives will be given requisite opportunity
to place their views before the Study Team. All your Branch Unions may kindly be informed of this
decision and to extend their operation.
(No. 1-1/71-WS-I Dated - 30.11.72)

ASSOCIATION OF SERVICE UNIONS IN WORK STUDY

In continuation of this office letter No. 1-1/71-WS. I dated 30.11.1972 on the subject noted above I am
directed to state that the question of participation of Staff Unions in Work Study programmes has been
referred to the staff Inspection Unit of the Ministry of Finance for taking a decision at the appropriate
level. However, for the time being, the P&T Board decided that the Unions may be associated with the
work studies in the P&T Department at the following stages.
(i) While carrying out a preliminary survey for locating the problem; this would include
organization survey duty lists, job description sheets, work diagram and procedural charts.
(ii) Before preparation of for the P&T Board for consideration of the recommendations of memo
contained in the work study report.

At this stage only the recommendations of the work study unit would be furnished to the concerned
union/unions for feliciting their comments, which would be taken in to account while preparing the
above mentioned memo for consideration of the P&T Board.
(No. 1-1/73-WS Dated - 28.05.73)

DISCIPLINARY ACTION AGAINST OFFICE BEARERS OF STAFF


ASSOCIATIONS/UNIONS
The undersigned is directed to say that the Staff Side in the National Council (JCM) in the meeting
held on 28.4.1990, had raised a point that the administrative authorities in some cases take disciplinary
action against the representatives of the Staff for some minor lapses of technical nature in their day-to-
day work as to victimise them for their activities as the office bearers of the Staff Associations/Unions.
2. The Government servants who are office bearers of the Staff Associations are subject to the
provisions of Conduct and Disciplinary Rules like all other Government servants. However, if a
Government servant feels that he is being penalised for any act done by him which is directly or
indirectly connected with his position as an office bearer of an association, he can prefer an appeal
against such action directly to the President in terms of Rule 24(3) of the CCS (CCA) Rules, 1965,
bringing forth the reasons which may establish the nexus between the disciplinary action taken against
him and his activities as office bearer of an association. If the contention of an office bearer of an
association that his case is covered under the provisions of Rule 24(3) ibid is not accepted and his
52

appeal is decided by some lower appellete authority, it would still be open for the Government servant
concerned to seek revision of his case by the President in terms of Rule 29 ibid.
3. Ministry of Agriculture, etc., are requested to bring the above rule position to the notice of all
administrative authorities under their control.
(G.I. Dept. of Per. & Trg. O.M. No. 35014/2/89-Ests.(A), dated 10.10.1990)

ACTION AGAINST THE POSTAL EMPLOYEES FOR UNION ACTIVITIES

I am directed to say that it has been brought to the notice of this office, that in certain cases
disciplinary action has been taken for carrying out union activities.

2. It is pointed out that legitimate union activity that does not violate CCS (Conduct) Rules 1964,
and P&T ED Agents (Conduct & Services) Rules 1964 or other rules or instructions governing the
concerned employee should not lead to disciplinary action against the employee. All disciplinary
authorities in your jurisdiction should be instructed to ensure this.
(SR 39-52/92-SR dt. 06.10.95)

INTERFACE WITH THE UNION – ORGANISATIONs OF DUE COURTESY


I am directed to say that from the various references received in this office, an impression is gathered
that while the Unions are generally satisfied with the treatment meted out to them during the course of
their interface (including formal and informal meetings) with the senior officers, instances are there
where the Unions complained about the unruly behaviour of the officers. Recently a Union Delegation
met Secretary (Posts) and expressed their serious concern about the manner they were being treated by
certain officers of the Department. The Secretary made a note of it and desired observance of due
courtesy from the officers of the Department, while interacting with the Unions.

2. It is, accordingly, requested to circulate suitable instructions among all concerned that besides
dealing with the union matters on priority, due courtesy and cordiality should be maintained in dealing
with the Unions. It is believed that this would facilitate improvement in industrial relations and would
go a long way in improving the understanding between the Staff Side and the Official Side.
(No. 10-4/2003-SR Dated - 25-04-2003)

REGARDING RESERVATION OF INSPECTIONS QUARTERS/INSPECTION ROOMS FOR


UNION REPRESENTATIVES
The staff Federation had taken up the issue of provision of Inspection Quarter accommodation to
touring Union Officer bearers. In this connections, kindly refer to Rule 610(B) P&T manual Volume II
read with Para 2 of Appendix II of the Manual.
2. Controlling officers of Inspection Quarters and Inspection Rooms may exercise their discretion
for utilization of the same by Circle and National Level office bearers in exceptional cases who
are not covered under the Rule and Appendix quoted above.
3. These instructions may kindly be brought to the notice of all concerned for information,
guidance and implementation.
4. Kindly acknowledge receipt to the undersigned.
(No. 14-2/2003-SR Dated - 8.3.2004)

XVII. INSTRUCTIONS REGARDING NO WORK - NO PAY


Department of Personnel and Training's OM No. 41016/1(S)/90/Estt.B dt. Ist May, 1991is reproduced
below in this regard.

No. 41016/1(s)/90/Estt.B
53

Government of India
Ministry of personnel, Public Grievances & Pensions
Department of personnel & Training
***

New Delhi, the 1 st May 1991

Subject: - Treatment of period of strike by Central Government Employees.


***

Attention of the Ministry of Finance, etc., is invited to the Department of Personnel & Administrative
Reforms O.M. No. 33011/1/77-Estt. B dated the 25th April, 1978 in which the Ministries/Departments
were requested to ensure compliance of the following directions of the Cabinet, namely: -

(i) all Ministries/Departments must observe the principle of 'no work-no pay' and this should not
be circumvented in any way including by grant of leave for the period of a strike; and

(ii) On all important service matters which are likely to have repercussions on other services (e.g.
action taken against Government employees participating in strikes), all Ministries/Departments,
including the Ministry of Railways, should, with a view to ensuring the maximum possible
uniformity in the general approach, consult the Department of Personnel & A.R. (now Department
of Personnel & Training) before taking/announcing any decision so that embarrassment to the
Government in dealing with the generality of civil services is avoided.

(2) Notwithstanding the above directions, the Department of Personnel & Training has been receiving
several references from Central Government offices that in the case of employees who had
participated in a strike, the period of absence may be treated as duty or leave instead of applying
the principle of 'no work-no pay'. It has also come to notice that in some cases, the
Ministries/Departments had taken decisions on important service matters likely to have
repercussions on other services without consulting this Department and in contravention of the
said directions.

(3) The principle of 'no work-no pay', is laid down in proviso to Fundamental Rule 17 (1)which
provides that any officer who is absent without any authority shall not be entitled to any pay and
allowances during the period of such absence. The principle was examined in depth by the
Supreme Court and upheld in the Civil Appeal No. 2581 of 1986-Bank of India vs. T.S. Kelawala
& Others (1990 (3) SLJ). Though the issue did not pertain directly to applicability of the principle
to Government servants, the Court has analysed the principle in all its facets and its observations
are relevant. Some relevant extracts of the Supreme Court judgement delivered on 4th May, 1990
are as under: -

 Where the contract, standing orders or the Service rules/regulations are silent on the subject, the
Management has the power to deduct wages for the absence from duty when the absence is a
concerted action on the part of the employees and the absence is not disputed. Whether the
deduction from wages will be pro rate for the period of absence only or will be for a longer
period will depend upon the facts of each case such as whether there was any work to be done in
the said period, whether the work was in fact done and whether it was accepted and acquiesced
in, etc.
 It is not enough that the employees attend the place of work. They must put in the work allotted
to them. It is for the work and not for the mere attendance that the wages/ salaries are paid.
54

 It is clear that wages are payable only if the contract of employment is fulfilled and not other
wise. Hence, when the workers do not put in the allotted work or refuse to do it, they would not
be entitled to the wages proportionately.
 Whether the strike is legal or illegal, the workers are liable to lose wages for the period of strike.
The liability to lose wages does not either make the strike illegal as a weapon or deprive the
workers of it. When workers resort to it, they do so knowing fully well its consequences. During
the period of strike, the workers withhold their labour. Consequently, they cannot expect to be
paid.

(4) In the light of the above, the Cabinet has now reviewed the general policy in this regard and
directed that all Ministries/Departments must observe the instructions contained in Department of
Personnel & Administrative Reforms O.M. of 25th April, 1978 (reproduced in para 1 of this O.M.)
scrupulously.

(5) Ministry of Finance etc. are accordingly requested to bring the directions of the Cabinet to the
notice of all concerned for strict compliance in future.
XVIII. INSTRUCTIONS REGARDING BUNDH

DOP&T's OM No. 27/6/71-Estt.(B) Cabinet Sectt. Dated 1st Nov. 71

The absence of Central Government Employees on a day or days of Bundh may fall under one of the
following categories.

(i) Where a Government servant had applied or applies for leave for the day or days of the Bundh
for genuine reasons, e.g. medical grounds, of which the competent authority is satisfied;
(ii) Where the competent authority is satisfied that the absence of individual concerned was
entirely due to reasons beyond his control e.g., due to failure of transport;' or disturbances or
picketing or imposition of curfew, etc.,
(iii) Unauthorised absence, i.e. where conditions mentioned in (i) or (ii) above are not satisfied.

2. As regards the first category, leave of the kind due and admissible, including casual leave, may be
granted to the Government servants concerned. As regards the second category, if the competent
authority is satisfied that the absence was due to failure of transport facilities, special casual leave
may be granted to such government servants who had to come from a distance of more than three
miles to their place of duty. If the absence was due to picketing or disturbance or curfew, then too
special casual leave could be granted to regularize the absence, without insisting on the condition
that the distance between their place of duty and their residence should be more than three miles.
Special casual leave in either of the cases mentioned above may be granted with the concurrence
of the Ministry/department concerned.

3. As regards the third category mentioned above, under the proviso to Fundamental Rule 17 (1), an
officer who is absent form duty without any authority shall not be entitled to any pay and
allowances during the period of such absence. Unauthorized absence of this kind, apart from
resulting in loss of pay and allowances for the period of such absence, would also constitute a
break in service, entailing forfeiture of past service for all purposes, unless the break itself is
condoned and treated as dies-non. If the break is condoned and treated a dies-non by the competent
authority, the service rendered prior to the break will be counted for all purpose, but the period of
the break itself will not count for any purpose.

4. There might, however be a case in which a number of government employee acting in combination
or in a concerted manner may absent themselves from duty for a part of a day only. The provisions
of Ministry of Home Affairs O.M. No. 60/17/64-Estt. (A) dated the 4th August, 1965 shall not
55

apply to such a case. Their absence even for a part of a day in the above circumstances shall be
deemed to be unauthorized absence for a whole day, and action may be taken in regard to the
unauthorized absence as outlined in paragraph 2 and 3 above.

Annexure -I
LIST OF CATEGORIES

1. Group ‘C’ (Postal) excluding Postmen)


2. Group ‘C” RMS including MMS
3. Group ‘D’ (Postal) including Postmen
4. Group ‘D’ (RMS & MMS including Mail guards)
5. Circle Ofifce Adminstrative Staff Group ‘C’ & ‘D’
6. IPO/IRM Association
7. Postal Civil Wing (Group ‘C’ & ‘D’) including Junior Engineers
8. Postal Accounts Employees (Group ‘C’ & ‘D’) including Junior Accounts Officers
9. Indian Postal Service Group ‘A’
10. PSS Group ‘B’ officers
11. AAO/AO/Senior AO
12. Supervisors (General Line)
13. SBCO (All grades)
14. Mail Motor Service Officers
15. Stenographers

Annexure II
Terms & conditions under which service Associations are recognized

1. (a) An applications for Recognition of the Service Association is made with all the information
relevant for such Recognition
(b) The Service Association is formed primarily with the object of promoting the common service
interests of its members.
(c) Membership of the service Associations is restricted to a distinct category of Government
Servant having common service interests, all such Government Servants being eligible for
membership of the Service Association.
(d) The Service Association is not formed on the basis of any caste, tribe or religious denomination
or of any group within section of such caste, tribe or religious denomination.
(e) No person, who is not a Government Servant, is connected with the affairs of the Service
Association.
(f) The executive of the Service Association is appointed from amongst the members only.
(g) The funds of the Service Association consist exclusively of subscriptions from members and
grants, if any, made by the Government and are applied only for the furtherance of the objects of
the Service Association.

2. (a) The Service Association shall not send any representation or deputation except in
connection with a matter which is of common interest to members of the Service Association.
(b) The Service Association shall not espouse or support the cause of individual Government
Servants relating to service matters.
(c) The service Association shall not maintain any political fund or lend itself to the
propagations of the views of any political party or politician.
(d) All representations by the Service Associations shall be submitted through proper channel,
and shall, as a normal practice, be addressed to the Secretary or Head of the Department or
office.
56

(e) A list of members and office-bearers, an up-to-date copy of the rules and an audited
statement of accounts of the Service Association shall be furnished to the Government
annually through proper channel after the general annual meeting so as to reach the
Government before the 1 st day of July each year.
(f) Any amendment of substantial character in the rules of the Service Association shall be
made only with the previous approval of the Government and any other amendment of
minor importance shall be communicated through proper channel for transmission to the
Government for information.
(g) The previous permission of the Government shall be taken before the Service Association
seeks affiliation with any other Union, Service Association or Federation.
(h) The Service Association shall cease to be affiliated to a Federation or Confederation or
Service Association whose Recognition is withdrawn by Government.
(i) The Service Association shall not start or publish any periodical magazine or bulletins,
if directed by Government to do so on the ground that the publication thereof is
prejudicial to the interests of the Central Government, the Government of any State or
any Government authority or to good relations between Government Servants and the
Government or any Government authority.
(j) The Service Association shall not start or publish any periodical magazine or bulleting
without the previous approval of the Government.
(k) The Service Association shall not do any act or assist in the doing of any act which, if
done by a Government Servant, would contravene the provisions of rules 8,9,11,12,16
and 20 of the Central Civil Services (Conduct) Rules, 1964.
(l) The Service Association shall not address any communications to a Foreign authority
except through the government which shall have the right to withhold it; and
(m) Communications addressed by the Associations or by any office bearers on its behalf to
the Government or a Government authority shall not contain any disrespectful or
improper language.

3. If in the opinion of Government, the Service Association recognized fails to comply with the
condition set out in para 1 and 2 above, the Government, may withdraw the Recognition accorded
to the Association.

XIX. J.C.M. SCHEME & ARBITRATION - DECLARATION

This is a declaration of joint intent regarding the common approach of the Govt. of India on the
one hand and the employees’ organisations on the other to the creation of the machinery for
joint consultation and compulsory arbitration and its smooth working and full utilisation.
2. Both the parties are in agreement with the objective of promoting harmonious relations and
accruing the greatest measure of co-operation between the Central Government in its
capacity as employer and the general body of its employees in matters of common concern
with the object, further of increasing the efficiency at the public service combined with the
well being of those employed.
3. Both parties agree further that there should be full and frank discussion on all matters that
come up before the joint councils and that every endeavour should be made to reach
agreement on such matters.
4. The Government:-
a) are desirous of promoting healthy development of organisations of government
employees, and
b) have noted the fear of victimisation expressed by certain representatives of the
Government employees’ organisations and propose to make suitable provision in
the rules. etc., to ensure that no office- bearer of a Union/Association is victimised
for legitimate association/trade union activities.
57

5. The associations/unions:-
a) agree to give a fair trial to the scheme of joint consultation and compulsory
arbitration for a minimum period of 5 years.
b) agree that during this period of trial all disputes shall be resolved through the
machinery of joint consultation and compulsory arbitration .
6. The Government of India and the union/associations agree that failing the settlement of a
dispute be negotiation, arbitration shall be open to Government departments on the one hand and
to recognised associations/ unions of Government employees within the scope of National Joint
Council and of the Departmental Councils on the other hand, on an application by either party in
regard to certain matters affecting conditions of service subject to limitations and conditions
hereinafter defined.
7. Both the parties are agreed:-
that there is a failure to agree on a claim falling within the limits set out below the case shall be
reported by or on behalf of either of the parties to the Ministry of Labour and Employment for
reference to arbitration by a Board of Arbitration consisting of 3 members, one drawn from a panel
of 5 names submitted by the official side.One from a similar panel submitted by the staff side of
the National Council, and Chairman who will be an independent person. The members and
Chairman shall be selected by the Minister of labour.

8. The rights of either party to take a claim to arbitration shall be as follows:-


a) it shall cover only those associations/unions to whom the scheme for joint consultation
and compulsory arbitration is applicable.
b) It shall be limited to (i) pay and allowances, (ii) weekly hours of work, and (iii) leave;
or a class or grade of employees;
c) Cases of individuals shall not be subject to compulsory arbitration.
d) A dispute shall not be referred to arbitration unless it has been considered by the
National Council or the appropriate Deptl. Council, as the case may be, and final
disagreement between the two sides has been recorded. If there is a dispute relating to
an arbitrable matter in a lower council, it will be placed before the Deptl. Council
concerned.
e) (i) while considering a dispute referred to it, the Board of Arbitration shall examine the
merits of the cases presented by both the official and the staff sides and take into
account all other relevant factors including the principles enunciated in any recent
report of a commission of enquiry etc. (ii) matter determined by the Government in
accordance with the recommendations of a commission will not be subject to
arbitration for a period of 5 years from the date of the recommendations, after which
they will become arbitrable again.
f) subject to the over-riding authority of Parliament recommendations of the Board of
Arbitration will be binding on both sides. If, for reasons to be recorded in writing, the
Central Govt. is of opinion that all or any of the recommendations of Board of
Arbitration should on grounds affecting national economy or social justice be modified,
the Central Govt. shall, as soon as may be, lay before each House of Parliament the
report of the Board containing such recommendations together with the modification
proposed and the reasons therefore, and thereupon Parliament may make such
modifications in the recommendations as it may deem fit.
10. Both the parties are agreed that any provision of this declaration of the scheme could be
amended by mutual agreement at any time.

SCHEME FOR JOINT CONSULTATIVE MACHINERY AND COMPULSORY


ARBITRATION FOR CENTRAL GOVERNMENT EMPLOYEES
58

With the object of promoting harmonious relation and of securing the greatest measure of co-
ordination between the Government, in its capacity as employer, and the general body of its
employees in matters of common concern. and with the object, further, of increasing the efficiency
of the public service, the Government of India have decided to establish a machinery for joint
consultation and arbitration of unresolved differences. The essential features of the scheme for
setting up such a machinery are described below:-

a) the Class I services,


b) the Class II services, other than the Central Secretariat Services and the other comparable
services in the headquarters organisation of the Government,
c) persons in industrial establishments employed mainly in managerial or administrative
capacity, and those who being employed in supervisory capacity draw salary in scales
going beyond Rs. 2900/-per mensem,
d) employees of the Union Territories, and
e) police personnel.
2. The machinery will supplement, and not replaces, the facilities provided to employees to make
individual representations, or to associations of employees to make representations on matters
concerning their respective continuing services, grades, etc.
3. There will be a joint council at the national level, and usually at two lower levels departmental,
regional office.
4. The national council will deal with matters affecting Central, Government employees generally,
such as minimum remuneration, dearness allowance and pay of certain common categories, for
instance office clerks, peons, and the lower grades of workshop staffs; and matters relating to
categories of staff common to two or more departments and the grouped together in a single
Departmental Council. Matters of interest to employees of a single Department will not be dealt
with the National Council. The National Council may have two standing committees, one to deal
with matter relating to non-industrial staff and the other to dealt with the cases concerning
industrial staffs.
5. (i) A Departmental Council will deal only with matters affecting staff employed in the department
or Departments affecting concerned.
(ii) There will normally be one Departmental Council for each department. For two or more small
departments under a Ministry, there may, however be a single council especially if the nature of
duties in the departments is similar.
(iii)For the Central Secretariat Services, which though providing staff for all the Ministries are in
important matters controlled by the Ministry of Home Affairs, there will be a separate council in
that Ministry. Other common categories of office staffs of participating offices may also be
included in the same departmental council.
6. There will also be regional and/ or office councils where the structure of a department permits the
setting up of such councils. These councils will deal only with regional or local questions.
7. (i) The National Council will consists of an official side and a staff side. The official side will be
appointed by the government and may consist of upto 25 members, who will include the Cabinet
Secretary, Secretaries, Ministries of Home Affairs, Labour, Communications and Defence,
Secretaries, Ministry of Finance, Departments of Expenditure and Revenue, and one of the
Secretaries, Ministry of Railways. The staff side may consist of upto 60 members who will be
nominated by the recognised associations, in the manner prescribed in this behalf. The Cabinet
Secretary will be the Chairman of the Council and the staff side will elect its own leader. Each side
will appoint its own Secretary or Secretaries.
(ii) The Departmental Councils will also be constituted on the same basis. The official head of the
Ministry or Department will be included in the official side, and will be the chairman of the
council. The membership of the official side may vary form 5 to 10 and of the staff side, which
will be nominated by the recognised associations from 20 to 30, depending on the total strength of
the staff and the number of grades and service in the department
59

(iii) The regional and /or office Councils too will be constituted in the same manner. The strength
of a regional or office council will be determined by the size of the staff in a region or office, and
the head of the region or office will be its chairman.
(iv) No person who is not an employee or an honorary retired employees of the central
Government shall be a member of a joint council.
Note:- Government may permit an ex-employee to be a member of a joint council after examining
the merits of each individual case.
8. The associations will nominate their representatives for a term of 3 years but there will be no bar
to re-nomination. Vacancies caused by death, retirement, resignation, transfer etc. will be filled for
the un-expired term.
Note:- An Association may replace on the joint council such of its representatives as have ceased
to be its office bearer at annual elections or by exigencies such as a vote of no confidence.
9. The scope of the councils will include all matters relating to conditions of service and work,
welfare of the employees, and improvement of efficiency and standards of work, provided,
however, that (i) in regard to recruitment, promotion and discipline, consultation will be limited to
matters of general principles and (ii) individual cases will not be considered.
10. The official side will conclude matters at meeting of the councils and will not reserve them for
later decision by the Government.
11. A council may appoint committees to study and report on any matters falling within its scope.
12. Subject to the final authority of the Cabinet, agreements reached between the two sides of a
council will become operative.
13. If there is no agreement between the two sides, the matter may be transmitted to a committee of
the council for further examination and report. But, if a final disagreement is recorded, and the
matter is one for which compulsory arbitration is provided, it shall be referred to arbitration, if so
desired by either side. In other words, the Government will take action according to its own
judgement.
14. A matter disposed by a council in any manner will not be placed on the agenda during the
following 12 months, unless, for any special reasons, the chairman of the council directs
otherwise.
15. The councils will frame rules for the conduct of whole business.
16. Compulsory arbitration shall be limited to:-
(i) Pay and allowances, (ii) Weekly hours of work, and (iii) Leave.
17. Cases of individuals shall not be subject to compulsory arbitration.
18. A dispute shall not be referred to arbitration unless it has been considered by the National Council
or the appropriate Deptl. Council, as the case may be, and final disagreement between the two
sides has been recorded. If there is a dispute relating to an arbitrable matter in a lower council, it
will be placed before the Deptl. Council concerned.
19. On a final disagreement being recorded as mentioned in clause 18, the Government shall appoint a
Board of Arbitration as soon as possible. The Board will consists of 3 members, one drawn from a
panel of 5 names submitted by the official side, or from a similar panel submitted by the staff side
of the National Council and a Chairman who will be an independent person. The members and the
Chairman will be selected by the Ministry of Labour.
20. (i) In determining a dispute the Board of Arbitration shall examine the merits of the cases
presented by both the official and the staff sides, and take into account all other relevant factors
including the principles enunciated in any recent report of a commission of enquiry etc.
(ii) Matters determined by the Government in accordance with the recommendations of a
commission will not be subject ot arbitration for a period of 5 years from the date of the
recommendations, after which they will become arbitrable with reference, as far as possible, to the
factors referred to in (i) above.
21. subject to the over-riding authority of Parliament recommendations of the Board of Arbitration
will be binding on both sides. If, for reasons to be recorded in writing, the Central Govt. is of
opinion that all or any of the recommendations of a Board of Arbitraion should on grounds
60

affecting national economy of social justice be modified, the central Govt. shall, as soon as may
be, lay before each House of Parliament the report of the Board containing such recommendations
together with the modification proposed and the reasons therefore, and thereupon Parliament may
make such modifications in the recommendations as it may deem fit modification may extend to
the rejection of a recommendation.
22. Orders made by the Government in pursuance or recommendations of the Board of Arbitraion
shall, unless otherwise specified in those recommendations or modified by mutual agreement,
remain in operation for a period of 3 years.

DRAFT CONSTITUTION OF THE NATIONAL COUNCIL


1. Short title:- This Constitution may be called the Constitution of the National Council under the
Joint Consultation and Arbitration Scheme.
2. Application:- This Constitution shall cover, as far as may be all Ministries and Departments of the
Central Government.
3. Objects:- The object of the Council is to promote harmonious relations and to secure the greatest
measure of cooperation between the Government, in its capacity as employer, and the general body
of its employees in matters of common concern and further to increase the efficiency of the public
service.
4. Scope and functions:-
(i) The scope of the Council will include all matters relating to conditions of service and work,
welfare and improvement of efficiency and standards of work of all regular civil employees of
the Central Government except
a) the class I services;
b) the class II services, other than the Central Secretariat Services and the other comparable
services in the headquarters organisation or the Government;
c) persons in industrial establishments employed mainly in managerial or administrative capacity
and those who being employed in supervisory capcity draw salary in scales going beyond Rs
575 per mensem;
d) employees of the Union Territories; and
e) Police personnel and personnel of the Railway Protection Force
provided, however that: -
(i) in regard to recruitment, promotion and discipline, consultation will be limited to matters of
general principles; and
(ii) individual cases will not be considered.
(2) The Council will deal with matters affecting Central Government employees generally, such as
minimum remuneration, dearness allowances and pay of certain common categories, for instance
office clerks, peons, and the lower grades of workshop staffs’ and matters relating to categories of
staff common to two or more departments and not grouped together in a single Departmental
Council.
(3) Matters of interest to employees of a single Department will not be dealt with by the National
Council.
5. Members of the Council:-
(1) The Council shall consist of :-
(A) Chairman:- The Cabinet Secretary
(B) Representatives on the Official Side :-
(i) Permanent members:- Besides the Chairman, the Secretary, or an officer nominated by
the Secretary, of each of the following Ministries/Departments shall be the permanent
members on the Official Side of Council:-
1. Min. of Home Affairs (Estt, Division)
2. Min. of Labour & Employment.
3. Min. of Finance (Deptt. of Expenditure).
4. Min. of Railways.
61

5. Min.
6. Ministry of Defence.
7. Min. of Defence (Deptt. of Defence Production).
8. Deptt. of Posts & Telegraphs.
9. Min. of Transport.
10. Comptroller & Auditor General India.
11. Min. of Finance (Deptt. of Revenue).
12. Min. of Works, Housing & Rehabilitation.
13. Min. of Food & Agriculture.
14. Min. of Home Affairs Central Secretariat Services Division).
15. Min. of External Affairs.
16. Min. of Education & Scientists Research and Cultural Affairs.
17. Min. of Information & Broadcasting.
(ii) Temporary Members:-
Ministry of Home Affairs may, from time to time, nominate such number of temporary
members belonging to any Ministry/ Department of the Government of India as,
together with the Chairman and the permanent members specified above, will not
exceed 25.
(c) Representatives on the staff Side:-
There shall be not more than 60 members on the Staff Side nominated by the
Association/Unions/Federations/Confederations recognized for the purpose of representation
on the National Council as follows:-

(i) (State the No) Member nominated by………. Association/Union.


(ii) (State the Number) Members nominated by ........................ Association/ Union.
(iii) ............................................................................
(iv) ............................................................................

Note:- 1. Where there are two or more Union/Associations representing different Categories of
Staff the Chairman shall distribute the total permissible representation on the Council
on the basis of the respective numerical strengths of the categories concerned.
Noth:-2. Where there are two or more Associations/Unions representing the same categories of
staff, the total permissible representation shall be distributed by the Chairman on the
basis of the respective membership of the each Union/Association.
Note:-3. A tentative distribution of Staff membership between Ministries is shown in
Annexure.
Note:-4 If there has been change in the membership of the Association/Union proportional
representation given could only be changed after verification of membership to be
done in the manner advised by the Chief Labour Commissioner.
Note:-5 Distribution of seats may also done by the Chairman in consultation with the
Associations/unions in any other manner acceptable to Associations/Unions.
(D) Secretaries:-
The official and Staff Sides may each appoint its Secretary or Secretaries from amongst its
representatives.
(E) Leader:-
The Staff Side shall elect by simple majority one its members as its Leader, who shall hold that
office for a period of one year but shall be eligible for re-election; a vacancy caused by death,
retirement, resignation, transfer etc., will be filled for the unexpired term.
(F) Permanent Secretariat:-
There shall be a permanent Secretariat of the Council under the control of the Chairman.
2. No person who is not an employee or an honorably retired employee of the Central
Government shall be a member of the Council.
62

6. Nomination of representatives on the Staff Side by recognised Employees, Organisations


(1) The Chairman of the Council shall, at the commencement of this Constitution and
thereafter as and when occasions arise, intimate in Form ‘A; to each recogniseed
employees’ organisation, which term shall include a Federation, a Confederation, an
Association and a Union, eligible for representations on the Council the number of
members it may nominate on the Council.
(2) On receipt of intimation under clause (1), a recognised employees’ organisation may
intimate in Form ‘B’ to the Chairman of the Council the name(s) of its representative(s)
nominated by its general body or its executive committee.
(3) In the event of retirement, resignation, death etc. of a representative of an employee’s
organisation such organisation may nominate or, in the case or retirement, re-nominate
its representative in Form ‘C’ .
(4) On receipt of intimation under clause (2) or (3) above, as the case may be, the
Chairman of the Council shall consider whether the nomination is in accordance with
the provisions of the scheme and inform the employees’ organisation concerned.

7. Term of Membership:-
(1) The employees’ organisations will nominate their representatives for a term of 3 years;
but there will be no bar to renomination. Chairman may, However, permit a change of a
representative once in a year if he ceases to be an office bearer of an Association/
Union after its annual election.
(2) Vacancies caused by death, retirement, resignation, transfer etc. will be filled for the
unexpired term.

8. Standing Committees:-
The Council may have the following standing committees:-

(A) Industrial Standing Committee:-


It shall deal with matters relating to industrial staff only and shall be appointed by the
Council.

(B) Non-Industrial Standing Committees:-


It shall deal with matters relating to non-industrial staffs and shall be appointed by the
Council.

9. Delegation:-
The Council may delegate to the Standing Committees any such powers as it may
consider necessary for the expeditious disposal of business.

10. Appointment of Committees:-


A Council and its Standing Committees may appoint Committee from amongst their
members to study and report on any matters falling within their scope.
(Copy of Ministry Home Affairs O.M. No. 28/11/63 – Eats dated – 1964)

CONDUCT OF BUSINESS IN THE NATIONAL COUNCIL

DRAFT MEMORANDUM
The following instructions shall govern the conduct of business of the National Council under the
Joint Consultation and Arbitration Scheme:-

1. Short title:-
63

These instructions may be called the Instructions for the Conduct of Business of the National
Council.

2. Meetings:-
1. The ordinary meeting of the Council shall be held as often as necessary, and not less
than once in six months. A notice of an ordinary meeting shall be sent to all members not less
than fifteen days before the date of meetings.

As far as may be possible, the date of the next ordinary meeting shall be fixed at each meeting
of the Council.
2. A special meeting of the Council may be called by the Chairman. A notice of such a
meeting shall be sent to all members not less then seven days before the date of meeting.

3. Quorum:-
The quorum shall be 1/3rd each of the strengths of the Official and Staff Sides.

4. Agenda:-
(i) The Agenda for a meeting shall be prepared under the orders of, and approved by, the
Chairman.
(ii) The agenda for an ordinary meeting shall be circulated to all the members not less than
three weeks before the meeting.
(iii) The agenda for a special meeting shall be circulated with the notice of the meeting.
(iv) A member desiring inclusion of subject in the agenda of a meeting will communicate
the subject together with an explanatory memorandum was necessary, to the Secretary,
Official or Staff side, as the case may be, at least eight week is advance of the meeting.
The secretary concerned shall make sure that the subject suggested fall within the
purview of the Council and, thereafter, place the suggestion before the Chairman not
less than seven weeks before the due date of the meeting, for his approval to their
inclusion in the Agenda.
(v) Business not on the agenda may only be taken up with the permission of the Chairman.

(vi) A Matter disposed of by a council in any manner will not be placed on the agenda
during the following 12 months, unless for any special reason the Chairman of the
Council directs otherwise

5. Minutes: -
The minutes of a meeting will be drafted under the directions of the Chairman at the meeting and
approved by the Council.
They will thereafter be circulated to the members of the council.

6. Decision -
(i) The official side will conclude matters of the meetings of the council and will not reserve them for
later decision by the Government. Subject to the final authority of the Cabinet, agreements reached
between the two sides of a Council will become operative.
(ii) If there is no agreement between the two sides on any particular issue, the matter may be
transmitted to a committee of the Council for further examination and report. But if a final
disagreement is recorded by the Council and the matter is one for which compulsory arbitration is
provided, it shall be referred to arbitration if so desired by either Side. In other cases of disagreement,
Government will take action according to their own judgment and communication the final decision to
the council for information.

7. Publication of statements: -
64

Only statements issued under the authority of the Council shall be published; such statements shall be
as full and informative as possible.

8. Standing Committees
The above instructions shall also govern the conduct of business of the Standing Committees of the
National Council. The Standing Committee shall not, however, take final decisions on any subjects
that come before them and shall transmit their conclusions to the Council for decision.

ANNEXURE-I

Distribution of Central Government Employees (excluding work-Charge personnel etc.)


drawing pay upto Rs. 500/- per month by Ministries/Offices and their attached and subordinate
offices as on 31st March, 1961

S.No Name of No. of Tentative


Ministry/Deptt. Employee Allocation
s of Seats.
1 Min. of Railways 11,42,953 30
2 Min. of Defence 2,76,354 7
3 Min. of Transport 6+1 (C.A)
& Communications 2,60,787
4 Min. of Finance 83,637 3
5 Indian Audit &
Accounts Deptt. 37,076 1
6 Min. of Works
Housing & Supply 31,351 1
7 Min. of Food & 25,992 1
Agri.
8 Min. of Home 21,831 2
Affairs
9 Min. of Commerce
& Industry
(Ministries of
Industry & 12,566 1
International
Trade)
10 Min. of External 9,864 1
Affairs
11 Min. of S.R. & 9,571 1(With
C.A. Education)
12 Min. of 9,270 (With
Rehabilitation WH&R)
13 Min. of I. &.B. 8,379 1
14 Min. of Health 7,808 1
15 Min. of Steel,
Mines & Fuel 6,032 1
16 Min. of Education 4,647 (With SR
& C.A)
17 Min. of Labour &
65

Employment 3,867
18 Min. of I & P 3,763
19 Cabinet Secretariat 2,024

20 Min. of
Community 840 2
Development
21 Min. of Law. 726
22 Miscellaneous 7,001
Offices
Total 19,66,339

CONSTITUTION OF DEPARTMENTAL COUNCILS

Deptt./Office of.........................no.......................... Dated...........................

1. Short title
This Constitution may be called the Constitution of the Departmental/regional/Office Council
of the Department/Office of .................. under the joint Consultation and Arbitration scheme.

2. Application
This Constitution shall cover the following Department (s)/ office (s):-
(a)..............................
(b).............................
.................................... etc.

3. Object:-
The object of the Council is to promote harmonious relations and to secure the greatest
measure of cooperation between the Government, in its capacity as employer, and the general
body of its employees in matters of common concern and further to increase the efficiency of
the public service.

4. Scope and Functions


The scope of the Council will include all matters relating to conditions of service and work,
welfare of the employees, and improvement of efficiency and standards of work, provided,
however, that.
(i) In regard to recruitment, promotion and discipline, consultation will be limited to matters
of general principles;
(ii) Individual cases will not be considered.

Matters relating to categories of staff common to two or more departments and not grouped together in
a single Departmental Council shall be dealt with by the National Council

5. Members of the Council

The Council shall consist of


(a) Chairman; ………. (designation)
(b) Representatives on the official side – Besides the Chairman, there shall be (state the number)
members on the official side to be nominated by Government or Head of Department/office:
(c) Representatives on the Staff Side-
There shall be (state the number) members on the staff side as follows:
66

(i) (State the No) Member nominated .................... Association/Union.


(ii) (State the Number) members nominated by ........................ Association/ Union.
(iii) ............................................................................
(iv) ............................................................................

Note:- 1.Where there are two or more Unions/Associations representing different Categories of Staff
the Chairman shall distribute the total permissible representation on Council on the basis of
the respective numerical strengths of the categories concerned.
Note:-2. Where there are two or more Association/Unions representing the same categories of staff,
the total permissible representation shall be distributed by the Chairman on the basis of the
respective membership of each Union/Association.
Note:-3.If there has been change in the membership of the Association/Union, proportional
representation given could only be changed after verification of membership to be done in the
manner advised by the Chief Labour Commissioner.
Note:-4 Distribution of seats may also done by the Chairman in consultation with the
Associations/unions in any other manner acceptable to Associations/Unions.

(D) Secretaries:-
The official and Staff Sides may each appoint its Secretary or Secretaries from amongst its
representatives.

(E) Leader:-
The Staff Side shall elect by simple majority one its members as its Leader, who shall hold that
office for a period of one year but shall be eligible for re-election; a vacancy caused by death,
retirement, resignation, transfer etc., will be filled for the unexpired term.

6. Nomination of representatives on the Staff Side by recognised Association/Union

(1) The Chairman of the Council shall, at the commencement of this Constitution and thereafter as and
when occasions arise, intimate in Form ‘A; to each recognised Association/ Union eligible for
representations on the council the number of member it may nominate on the Council.
(2) On receipt of intimation under clause (1) above a recognised Association/ Union may intimate in
Form ‘B’ to the Chairman of the Council the name(s) of its representative(s) nominated by its
general body or its executive committee of the Association/ Union .
(3) In the event of retirement, resignation, death etc. of a representative of an Association/ Union such
Association/ Union may nominate or, in the case or retirement, re-nominate its representative in
Form ‘C’ .
(4) On receipt of intimation under clause (2) or (3) above, as the case may be, the Chairman of the
Council shall consider whether the nomination is in accordance with the provisions of the scheme
and inform the Association/ Union concerned.

7. Term of Membership:-

(1) The Association will nominate their representatives for a term of 3 years; but there will be no bar
to renomination. Chairman may, however, permit a change of a representative once in a year if he
ceases to be an office bearer of an Association/ Union after its annual election.
(2) Vacancies caused by death, retirement resignation, transfer etc. will be filled for the unexpired
term.

8. Appointment of Committees:-
67

A Council may appoint committee from amongst its members to study and report on any matters
falling with its scope

MODEL INSTRUCTIONS FOR CONDUCT OF BUSINESS OF COUNCILS

Deptt./Office of ................................
No....................... Dated................................

Memorandum

The following instructions shall govern the conduct of business of Departmental/Regional/Office


Council of the Department /Office of ........................ Under the Joint Consultation and Arbitration
Scheme:-

1. Short title:-
These instructions may be called the Instructions for the Conduct of Business of
Departmental/Regional/Official Council of the Department / Office of ........................

2. Meetings:-
1. The ordinary meeting of the Council shall be held as often as necessary, and not less than once a
quarter) in six months for Departmental Council). A notice of an ordinary meeting shall be sent to
all members not less than fifteen days before the date of meetings.
As far as may be possible, the date of the next ordinary meeting shall be fixed at each meeting of
the Council.
2. A special meeting of the Council may be called by the Chairman. A notice of such a meeting shall
be sent to all members not less then seven days before the date of meeting.

3. Quorum:-
The quorum shall be 1/3rd each of the strengths of the Official and Staff Sides.

4. Agenda:-
(i) The Agenda for a meeting shall be prepared under the orders of, and approved by, the Chairman.
(ii) The agenda for an ordinary meeting shall be circulated to all the members not less three weeks
before the meeting.
(iii) The agenda for a special meeting shall be circulated with the notice of the meeting.
(iv) A member desiring inclusion of subject in the agenda of a meeting will communicate the subject
together with an explanatory memorandum were necessary, to the Secretary, Official or Staff
side, as the case may be, at least eight weeks in advance of the meeting. The secretary concerned
shall make sure that the subject suggested fall within the purview of Council and, thereafter, place
the suggestion before the Chairman not less than seven weeks before the due date of the meeting,
for his approval to their inclusion in the Agenda.
(v) Business not on the agenda may be taken up with the permission of the Chairman.
(vi) A matter disposed of by a Council in any manner will not be placed on the agenda during the
following 12 months, unless for any special reason the Chairman of the Council directs otherwise.

5. Minutes
The minutes of a meeting will be drafted under the directions of the Chairman at the meeting and
approved by the Council. They will thereafter be circulated to the members of the Council.

6. Decisions
68

(1) The Official side will conclude matters at the meetings of the Council and will not reserve them
for later decision by the Government. Subject to the final authority of the Cabinet, arrangements
reached between the two Sides of a Council will become operative.
(2) If there is no agreement between the two sides on any particular issue, the matter may be
transmitted to a Committee of the Council for further examination and report. But if a final
disagreement is recorded and the matter is one for which compulsory arbitration is provided, it
shall be referred to arbitration if so desired by either Side. In other cases of disagreement, Head of
Office/Department or Government as the case may be, will take action according to their own
judgment and communicate the final decision to the Council for information. A dispute shall,
however, not be referred to arbitration unless it has been considered by the National Council or the
appropriate Departmental Council, as the case may be; If such a dispute arises in a Council at a
lower level, the Chairman of such Council shall record the dispute with a brief statement of the
case and after securing the Council’s approval to the text remit the matter to the Chairman of the
Departmental/National Council for consideration.

7. Publication of Statements
Only statements issued under the authority of the Council shall be published; such statements shall
be as full and informative as possible

JCM SCHEME-SETTING UP OF REGIONAL COUNCIL OF JCM IN THE P&T CIVIL


CIRCLE

The JCM Scheme for Central Government employees provides for setting up a joint Councils at the
National/Deptl./Regional level. According to the scheme, Regional Councils are to be set up where the
structure of Dept. permits the setting up of such councils. As per an agreement reached in the P&T
Departmental council, it has now been decided to set up Regional Councils of JCM at the level of
Zonal Chief Engineers, Civil Wing, S.W. Zone and Eastern Zone.

2. A copy of each of JCM Scheme and Model Constitution of the P&T Regional Councils
together with copies of Rules of Business for the P&T Regional Councils and forms for
obtaining nominations of the staff side representatives and for Declaration of Joint Intent are
enclosed for information, guidance and necessary action. A copy of instructions No. 28-30/78-
SR for processing the cases of disagreement in the Regional Councils, which may be taken as
applicable to Regional Councils on the Civil Wing also, is also enclosed.

3. The staff side will comprise the representatives of NFPTE & FNPTO. As a working agreement
it has been decided to allocate the 7 seats on the staff side as follows:
NFPTE = 5
FNPTO = 2
The nominations to the staff side may be obtained directly from the Secretary Generals of
NFPTE and FNPTO.

4. The 5 official side members are to nominated by the Regional Council Chairman and it should be
ensured that the Internal Financial Advisor is nominated as one of them.

5. It is requested that necessary action for setting up the Regional Council in your zone may kindly
be taken immediately and a report of action taken in the matter be sent to the under signed by 15th
September 1981
(28/19/80-SR dt. 24.07.81)
69

MODEL CONSTITUTION FOR REGIONAL COUNCILS


Constitution of the P&T Council under the Scheme for Joint Consultative Machinery and Compulsory
Arbitration for Central Government Employees.
1. Short Title :
This constitution may be called the Constitution of the Regional Council of the P&T
................................. Circle/Telephone District/Telecom. Factories/Organisation under the
S.C.T.S.
2. Application :
Subject to the provisions of the Scheme for Joint Counsultative Machinery and Compulsory
Arbitration, this Constitution shall cover all the regular industrial and non-industrial employees
in the P&T.........................Circle/Telephone District/Telecom. Factories/T.S.Organisation.

Note : Extra Departmental Agents/Casual Mazdoors/Contigency paid staff and other similar categories
are not regular employees and the Scheme will not apply to them.

3. Objects :
The object of the Council is to promote harmonious relations and to secure the greatest
measure of co-operation between the Government in its capacity as employer, and the general
body of its employees in matters of common concern and with the object, further of increasing
the efficiency of public services combined with the welfare of those employed.

4. Scope and functions :


The Scope of the Regional Council will include all local matters relating to conditions of work,
welfare of employees, improvement of efficiency with particular reference to the local
conditions.

The subjects to be discussed at the Regional level should be limited to matters within the
competence of the Head of Circle/Telephone District/Telecom. Factories and Telecom. Stores
Organisation.

The following matters shall normally be outside the purview of the Regional Councils:
1) Matters within the competence of the Government, P&T Board or the Director General;
2) Matters of limited local or regional interest but essentially of general character;
3) Individual cases.

If there is any doubt as to whether a matter falls within the competence of a Regional Council,
the decision of the Chairman shall be final, subject to the overriding powers of the authorities
superior to the Chairman.

5. Composition:
The Council shall be composed of :
a) Chairman: Head of the Circle/Telephone District/Telecom. Factories/Telecom Stores
Organisation.
b) Representatives on the Official Side.
Not be more than five Members on the Official Side to be nominated by the Chairman of the
Regional Council.
c) Representatives on the Staff Side :
To be nominated by a federation of Unions/Associations or Association/Union recognised by
the P&T Board for the purpose of representation in the Joint Consultative Machinery and
Compulsory arbitration. In the case of Telephone Districts, Postal Circles and Engg. Units such
as Telecom stores organisation and Telecom factories, the number of Members on the Staff
Side shall be limited to seven while in other cases the number will not exceed fourteen.
70

Note I: Where there are two or more Unions/Associations representing different categories of
staff, the Chairman shall distribute the total permissible representation on the Council on the
basis of the respective numerical strength of the categories concerned.

Note II : Where there are two or more Associations/Unions representing the same categories of
staff the total permissible representation shall be distributed by the Chairman on the basis of
the respective membership of each union/association.
Note III : If there has been change in the membership of the Association/Union, proportional
representation given could only be changed after verification of membership to be done in the
approved manner.
Note IV : Distribution of seats may also be done by the Chairman in consultation with the
Associations/Unions in any manner acceptable to Associations/Unions.
Note V : No person who is not an employee or an honourably retired P&T employee of the
Central Government shall be a member of the Council.
Note VI : Government may permit an ex-employee to be a member of the Council after
examining the merits of each individual case.

d) Secretaries :
The Official and Staff Sides may each appoint its Secretary from amongst its Members.

e) Leader :
The Staff Side shall elect by simple majority, one of its members, as its Leader, who shall hold
that office for a period of one year; but shall be eligible for re-election. A vacancy caused by
death, retirement, resignation transfer; etc. will be filled for the unexpired term.

6. Nomination of representatives on the Staff Side by recognised Employees Organisations :


1) At the commencement of the Constitution and thereafter when occassions arise each
recognised employees organisation, which term shall include a Federation, an Association and a Union
eligible for representation on the Council, shall be intimated in Form ‘A’ the number of members it
may nominate on the Council.

2) On receipt of intimation as in Clause(1), a recognised employees organisation may intimate in


form ‘B’ the name of its representatives nominated by its Executive Committee.

3) In the event of retirement, resignation, death, etc. of a representative of any employees’


organisation, such organisation may nominate or in the case of retirement re-nominate its
representative and send the intimation as in form ‘C’.

4) On receipt of intimation under Clause(2) (3) above, as the case may be, the Chairman of the
Council shall consider whether the nomination is in accordance with the provisions of the Scheme and
inform the employees’ organisation concerned.

7. Term of Membership
The Associations/Unions will nominate their representatives for a term of 3 years; but there will no
bar to renomination. Vacancies caused by death, retirement, resignation, transfer etc. will be filled for
the unexpired term.

Note : An association/union may replace on the Council such of its representatives as have ceased to
be its office bearers at annual elections or by exigencies such as a vote of no confidence.

8. Appointment of Committee:
71

The Council may appoint Committees from amongst its members to study and report any matter
falling within its scope.

Form ‘A’
No.................................................. Dated ...................................................
To
The President/Secretary,
Name of the Association/Union.

Subject : Nomination of representatives on the Staff Side of the Regional Council.

Sir,
In accordance with the Scheme for Joint Consultative Machinery and Compulsory Arbitration
for Central Government Employees, your Association/Union is required to nominate (State the
number) member(s) on the Staff Side of the Regional Council. A copy of each of the Scheme and
Declaration of Joint Intent to which your Association/Union will have to subscribe are enclosed.
You are requested to intimate with in 15 days of the date of issue of this letter the name(s) of
the nominee(s) of your Association/Union in duplicate as in the form enclosed.
Yours faithfully

PMG/GMT/GM,TF/DMT/CCTS.

Form ‘B’

From
The President/Secretary,
(Name of the Association/Union)

To

The Head of Circle/Telephone District/Unit


Establishment.

Subject : Nomination of members on the Staff Side of the Regional Council.

Sir,
With reference to your letter No. ................................................ dated .......................... on the
above subject. I am directed to say that the Executive Committee* of ............................
Association/Union has considered the Scheme for Joint Consultative Machinery and Compulsory
arbitration for Central Govt. Employees and subscribes to the Declaration of Joint Intent. The
Executive Committee has nominated the following person(s) to represent it on the Staff Side of the
Council
Name Office and appointment held Address

An authenticated copy of the resolution of the Executive Committee* of the Association/Union


is enclosed.
2. Please acknowledge this communication.

Yours faithfully,

President/Secretary
72

Note : As applicable according to the Constitution of the Association/Union

RULES OF BUSINESS FOR THE P & T REGIONAL COUNCILS.


The following rules shall govern the conduct of business of the Regional Council under the Scheme
for Joint Consultative Machinery and Compulsory arbitration for Central Government Employees.
1. Short Title:
These rules may be called the rules for the conduct of Business of the P&T Regional Council.

2. Meeting:
The ordinary meetings of the Regional Council shall be held once in three months. A notice of an
ordinary meeting shall be sent to all members not less than fifteen days before the date of the meeting.

As far as possible, the date of the next ordinary meeting of the Regional Council shall be fixed at each
meeting of the Council.

A special meeting of the Council may be called by the Chairman on his own or a request from either
the official side or from the Leader of the Staff Side. A notice of such a meeting shall be sent to all
members not less than 10 days before the date of the meeting.

3. Quorum:
The quorum shall be 1/3rd each of the strength of the Official and Staff Sides.

4. Agenda:
i) A member desiring inclusion of a subject in the agenda of meeting will communicate the
subject together with an explanatory memorandum where necessary, to the Secretary
Official or Staff Side, as the case may be, at least six weeks in advance of the meeting. The
Secretary concerned shall make sure that the subjects suggested fall within the purview of
the Council and thereafter, place the draft agenda before the Chairman of the Council not
less than five weeks before the due date of the meeting, for his approval to their inclusion in
the agenda. If any item suggested by a member is not included in the agenda, the member
concerned shall be informed of the fact and the reasons therefore.
ii) The agenda for an ordinary meeting shall be circulated to all the members not less than
thirty days before the meeting.
iii) The agenda for a special meeting shall be circulated simultaneously with the notice of the
meeting.
iv) Business not on the agenda may only be taken up with the permission of the Chairman.
v) A matter disposed of by the Council in any manner will not be placed on the agenda during
the following 12 months, unless for any special reason the Chairman of the Council directs
otherwise.

5. Minutes:
The minutes of a meeting will be drafted under the directions of the Chairman and shown
Leader/Secretary Staff Side, before finalisation. The minutes will thereafter be circulated to the
Members of the Council.

6. Decision:
The Official Side will conclude matter within its competence at the meeting of the Council and will
not reserve them for later decision. Subject to the final authority of the Government, agreements
reached between the two sides of the Council will became operative.
ii) The Council may refer to a Committee composed of members of the Council to report on any
matter on which it considers that detailed examination is necessary before arriving at a decision.
73

7. Publication of Statements:-
Only statements issued under the authority of the Council shall be published, such statement shall
be as full and informative as possible

FUNCTIONING OF REGIONAL COUNCIL (JCM)


I am directed to refer to your D.O. letter No. Union/JCM-1/Rlg/81 dated 1-2-1989 on the above
subject and to state that Rule 4(1) of the Rules of Business for Regional Councils indicate that it
should be ensured that the items submitted by the Staff/Official Side fall within the Purview of the
Council. Article 2 (Application) and Article 4 (Scope and Functions) of the Constitution of Regional
Council also clearly delineate the nature and scope of items that qualify for inclusion in the agenda
of regional council meetings. It has clearly been mentioned therein that the following types of items
are not admissible for discussion in the RCM:-
i) Matters within the competence of the Government the Postal Board or the D.G. (Posts)
ii) Matters limited to local or regional interest but essentially of general character;
iii) Individual cases; and
iv) Matters concerning ED Staff/Casual Mazdoor/Contingency paid Staff and other Similar
categories (RTP etc.) as they are not regular employees. It has also clearly
mentioned that the items to be discussed at regional level should be limited only to the
matters within the competence of the Heads of Circles.
Therefore, the final discretion for admitting or rejecting the item lies with the Chairman, Regional
Council. However it is noticed that while admitting the items in the agenda for the meetings of
Regional Council of your Circle that the above provisions are not being followed strictly. Had this
been done, a number of items should not have found place in the agenda of the meeting of Regional
Council like problems of RTP Staff, double duty to Casual Labour/RTP etc. It is therefore advised that
new items submitted by the staff side for discussion in the RCM Meetings should in the first instance,
be scrutininsed very thoroughly and only such items as are eligible be included in the agenda should
be admitted. For the items that do not qualify for admission in the agenda the staff side may be
apprised of the position of the same alongwith the reasons for not admitting the items for discussion in
the meetings of Regional Council.

As regards composition of a ‘Review Committee’ to review the progress of action taken on the
pending items there is a provision in the Constitution for appointment of the committees under Article
8 of the Constitution of Regional Council. Any item which is likely to take some time for finalisation
may be remitted to such committee for detailed examination and report. One committee may entrusted
with only one or two items. The report of the committees so appointed may be considered by the
Regional Council in subsequent meetings. The items not concluded in the any meeting of Regional
Council may be included in the Action Taken Statement as item No. 1 (Review of Action Taken on
the minutes of the last meeting) of the agenda for the subsequent meeting. It is not advisable to from
‘Review Committee’ as it may become another forum for discussion of items and this will un-
necessarily increase the work of administration in the circle offices.

Further, there are only two ways in which an items being considered by the Regional Council can be
disposed of. Either the demand of the Staff Side is agreed to and the item closed after issuance of
suitable orders on the demand of the Staff is rejected and disagreement recorded. Therefore, it
becomes imperative for the office side to examine the item extensively from all angles before an
agreement or disagreement on any item is reached so that the decision taken is implemented without
any delay and does not leave any scope for expressing concern by the Staff side on this account. As
such, the pending item on which an agreement has been reached should be closed only when order
implementing the decision of Regional Council they have been issued.
74

A copy of (i) Model Constitution of Regional Council and (ii) Rules of Business for Regional
Councils are again enclosed for further information and guidance.

This also disposes of Chief Postmaster General, Calcutta letter No. U&A/JCM-RC/Rlg. dated 13-2-
1989.
No.28-4/89-SR Dated:- 13-7-1989

TA/DA for members of the Staff Side of the Regional Council (JCM)- Question of allowing one
day prior to the meetings for consultation among the Staff Side members and treating that
period as duty period.

The Undersigned is directed to say that the Staff Side members of the National
Council/Departmental Councils under the JCM Scheme are allowed 2 days in advance of the dates of
meetings of such councils for consultation among themselves and the period is treated as on duty with
daily allowance in terms of this Department’s OM Nos. 8/12/78-JCA dt. 4.8.1978 and No. 8/17/78-
JCM dated 5.6.1979. On the same analogy, it has been decided in consultation with the Ministry of
Finance, to grant Staff Side members of the Regional Councils of JCM one day in advance of meeting
of such Councils for consultation among themselves, to be treated as duty with appropriate daily
allowance.
2. This issues with the concurrence of the Ministry of Finance vide their UO No. 3395-E.IV/85
dated 17.10 1985.
(Department of Personnel & Training OM.No. 3/14/85-JCM dt. 14.11.85)

Allotment of quarters for Regional Councils of JCM.


No. 38-4/74-NB dt. 25-1-75
It has been decided that the orders regarding allotment of office accommodation to
Unions/Associations contained in this office Memo No. 38-2/71-NB dated 22.3.72 may also be
extended to the Staff side of Regional Councils of J.C.M.

Joint consultation and Compulsory Arbitration Scheme-Grant of travelling allowance, daily


allowance, etc. to members of the Staff side of the National/Departmental Regional/Office
Council
The undersigned is directed to refer to this Ministry's O.M. No. 8.1.64 - JCA, dated 30th Dec,'66, on
the above subject and to state that it has been represented to us that the members of the National
Council of the Staff Side experience some difficulty in the matter of their release from their stations of
duty by the Administrative head. In order to obviate such a difficulty, the Ministry Finance, etc. may
kindly issue instructions to the heads of all the attached and subordinate offices to the effect that the
notice of the National council Meeting (or its Committees) issued by this Ministry when produced by
the employee member of the National Council should be deemed as sufficient authority for relieving
the employee concerned for the meeting.
(No. 8/1/64-JCA dt. 27.3.67)