No. 33011/1(s)/2014-Estt-B -U)
Government of India
Ministry of Personnel, Public & Grievances and Pensions
Department of Personnel & Training
Dated the 10th February, 2014.
OFFICE MEMORANDAM
Subject : Notice for strike by the Confederation of Central
Government Employees and Workers on 12th and 13th February, 2014
The
undersigned is directed to intimate that the Confederation of Central
Government Employees and Workers have given notice that the members of the
affiliates of these Confederation will go on strike on 12th and 13th
February, 2014 in pursuance of their
Charter of Demands.
undersigned is directed to intimate that the Confederation of Central
Government Employees and Workers have given notice that the members of the
affiliates of these Confederation will go on strike on 12th and 13th
February, 2014 in pursuance of their
Charter of Demands.
2. The
instructions issued by the Department of Personnel & Training prohibit the
Government servants from participating in any form of strike including mass
casual leave, go-slow etc. or any action that abet any form of strike in
violation of Rule 7 of the CCS (Conduct) Rules, 1.964. Besides, in accordance
with the proviso to Rule 17 (1) of the Fundamental Rules, pay and allowances is
not admissible to an employee for his absence from duty without any authority.
As to the concomitant rights of an Association after it is formed, they cannot
be different from the rights which can be claimed by the individual members of
which the Association is composed. It follows that the right to form an
Association does not include any guaranteed right to strike. There is no
statutory provision empowering the employees to go on strike. The Supreme Court
has also agreed in several judgments that going on a strike is a grave
misconduct under the Conduct Rules and that misconduct by the Government
employees is required to be dealt with in accordance with the law. Any employee
going on strike in any form would face the consequences which, besides
deduction of wages, may also include appropriate disciplinary action. In this
connection, your kind attention is also drawn to this Department’s OM No.
33012/1(s)/2008-Estt (B) (pt) dated 12th September, 2008 (copy enclosed).
instructions issued by the Department of Personnel & Training prohibit the
Government servants from participating in any form of strike including mass
casual leave, go-slow etc. or any action that abet any form of strike in
violation of Rule 7 of the CCS (Conduct) Rules, 1.964. Besides, in accordance
with the proviso to Rule 17 (1) of the Fundamental Rules, pay and allowances is
not admissible to an employee for his absence from duty without any authority.
As to the concomitant rights of an Association after it is formed, they cannot
be different from the rights which can be claimed by the individual members of
which the Association is composed. It follows that the right to form an
Association does not include any guaranteed right to strike. There is no
statutory provision empowering the employees to go on strike. The Supreme Court
has also agreed in several judgments that going on a strike is a grave
misconduct under the Conduct Rules and that misconduct by the Government
employees is required to be dealt with in accordance with the law. Any employee
going on strike in any form would face the consequences which, besides
deduction of wages, may also include appropriate disciplinary action. In this
connection, your kind attention is also drawn to this Department’s OM No.
33012/1(s)/2008-Estt (B) (pt) dated 12th September, 2008 (copy enclosed).
3. A Joint Consultative Machinery for Central Government
employees is already functioning. This scheme has been introduced with the
object of promoting harmonious relations and of securing 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 with the object,
further of increasing the efficiency of the public service. The JCM at the
different levels have been discussing issues brought before it for consideration
and either reaching amicable settlement or referring the matter to the Board of
Arbitration in relation to pay and allowances, weekly hours of work and leave,
whenever no amicable settlement could be reached in relation to these items.
employees is already functioning. This scheme has been introduced with the
object of promoting harmonious relations and of securing 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 with the object,
further of increasing the efficiency of the public service. The JCM at the
different levels have been discussing issues brought before it for consideration
and either reaching amicable settlement or referring the matter to the Board of
Arbitration in relation to pay and allowances, weekly hours of work and leave,
whenever no amicable settlement could be reached in relation to these items.
4. The Central Government Employees under your
Ministry/Departments may, therefore, be suitably informed of the aforesaid
instructions under the Conduct Rules issued by this Department and other
regulations upheld by the Hon’ble Supreme Court and dissuaded from resorting to
strike in any form. You may also issue instructions not to sanction Casual
Leave or other kind of leave to employees if applied for, during the period of
the proposed strike and ensure that the willing employees are allowed hindrance
free entry into the office premises. For this purpose, Joint secretary (Admn)
may be entrusted with the task of coordinating with security personnel.
Suitable contingency plan may also be worked out to carry out the various
functions of the Ministry/Department.
Ministry/Departments may, therefore, be suitably informed of the aforesaid
instructions under the Conduct Rules issued by this Department and other
regulations upheld by the Hon’ble Supreme Court and dissuaded from resorting to
strike in any form. You may also issue instructions not to sanction Casual
Leave or other kind of leave to employees if applied for, during the period of
the proposed strike and ensure that the willing employees are allowed hindrance
free entry into the office premises. For this purpose, Joint secretary (Admn)
may be entrusted with the task of coordinating with security personnel.
Suitable contingency plan may also be worked out to carry out the various
functions of the Ministry/Department.
5. In case
the employees go on strike, a report indicating the number of employees who
took part in the proposed strike may be conveyed to this Department on the
evening of the day.
the employees go on strike, a report indicating the number of employees who
took part in the proposed strike may be conveyed to this Department on the
evening of the day.
sd/-
(Sanjiv Shankar)
Director (E-II)
Source: www.persmin.nic.in
[http://documents.doptcirculars.nic.in/D2/D02est/33011_1s_2014-Estt.B-I-10022014.pdf]
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