AIRF has submitted memorandum to 7th CPC and in the preface of the memorandum AIRF has requested to Seventh Pay Commission:
(i) To grant of an Interim Relief of 25% of total pay and merger of 100% DA from 1st January, 2014 to all Central Government employees;
(ii) To consider our submissions in this memorandum favorably in respect of the Pay, Allowances, facilities, Service Conditions and Pensionary Benefits of Central Government employees and past & future pensioners.
AIRF’s memorandum to 7th CPC:-
INDEX
PREFACE
All India Railwaymen’s Federation(AIRF), being the oldest and the largest organization, representing over a million Non-Gazetted employees in the Railways, established in British era in the year 1924, represents nearly half of the Central Government employees in India.
AIRF is recognized by the Railway administrations along with its constituent unions in 16 Zonal Railways as also as in Metro Railways Kolkata and Rail Coach Factory Kapurthala, based on the results of secret ballot elections for the recognition of the unions. Its affiliates are leading trade unions in the 6 other Production Units of Indian Railways, where secret ballot system is yet to be introduced.
AIRF is thus the second major stakeholder after the Joint Consultative Machinery, National Council (JCM/NC)(of which AIRF is the largest constituent.) before the Seventh Central Pay Commission.
It is, however, a matter of serious concern that even after more than six decades of independence, some of the basic issues of the Central Government employees continue to haunt the Working Class, without any proper redressal either by the successive Pay Commissions, including the VI CPC or by the Government, thereby causing much frustration, leading to industrial unrest that resulted in three major strikes in 1960, 1968 and 1974, besides serving of Strike Notices by the Central Trade Unions, including the AIRF in 1997 and 2006 when the strikes were averted by settlements of certain issues.
Even though some of the issues could be resolved through negotiated settlements over the years, the continuous denial of justice by the successive Pay Commissions, especially on the following issues, are the root cause of major unrest among the Railwaymen even after submission of the report by these CPCs:
(i) “Even the Need Based Minimum Wage” – as per recommendations of the 15th Labour Conference (1957), as modified under Supreme Court‟s orders;
(ii) Parity of Pay with(Central) Public Sector Undertakings (PSUs);
(iii) Reduction in Periodicity of Wage Revision of Central Government employees to 5 years – at par with PSUs;
(iv) Removal of anomalies of the successive Pay Commissions;
(v) Implementation of decisions of Anomaly Committees & Board of Arbitration.
(vi) Compulsory Arbitration for settlement of Disputes;
(vii) Compensation for special Conditions of Service in the Railways.
It is regrettable that, in spite of major all round development and major improvement in the economic scenario of the country, over the last six decades, the wages of the Central Government employees are neither “Fair” nor even “Need Based”.
The wages in PSUs which were much lower than that of the Central Government employees, prior to the Second Pay Commission, are at present more than double in many cases. Disparity is ever-rising due to more frequent wage revision in PSUs – after every 5 years as against 10 years in the case of Central Government employees.
Coming up of Corporate and Private Sectors, besides the Multi-Nationals (MNCs), has created a serious dearth of talented and skilled personnel opting for the Government jobs at any level or just opting out of the same at the first opportunity especially from amongst the Technical Cadres – at middle Management and Supervisory levels – where, besides being paid low wages, the minimal promotional opportunities are also missing, especially in the Railways.
“Living Wage” as has been embodied in Article 43 of the Constitution under the Directive Principles of State Policy, but the living wage is also a far cry.
The plea taken by the various Pay Commissions against Parity of Wages with PSUs has always been the financial constraints of the Government. This is neither just nor tangible, rather ultra-vires to the Constitution.
Article 39, Clause (d) under the Directive Principles of our Constitution provides that “The state shall in particular direct its policy towards securing …. “Equal pay for equal work – for both men and women”.
While introducing the Draft of Part IV of the Constitution, where Directive Principles have been enshrined before the Constituent Assembly, Dr. B.R. Ambedkar, the father of the Indian Constitution, said
“… It is the intention of the Assembly that in future, both the Legislature and the Executive should not merely leap service to these principles, but they should be made basis of all Legislative and Executive actions, that they may be taking thereafter in the name of governance in the country.”
Famous International Expert on the Constitutional Laws, Mr. Granvile Austin has commented on the Constitution of India as follows:
“The core of the Constitution lies in Part III & IV in the Fundamental Rights and the Directive Principles of the State Policy. These are conscience of the Constitution…”
The Constitution of the country has been amended through 42nd Amendment, where the word “Sovereign Socialist” has been included in the Preamble of the Constitution, which is the guiding factor for rendering social justice.
It is unfortunate to see that gradual disparity in the wages between “Maximum” and “Minimum” is on the increase. Disparity between “Maximum” and “Minimum” during 4th CPC was brought down to 1:9.15 but the same has been increased to 1:12 by 6th CPC.
Numerous Judicial pronouncements by the Supreme Court have extended the concept of “Equal Pay for Equal Work” not only between men and women but also between men and men; and between women and women performing the same type of work in different Organizations of the Government.
The Third Pay Commission had observed in the light of Supreme Court‟s judgments in var ious cases, that –
“The Directive Principles of the Constitution did not countenance the invidious distinction which was sought to be made on the basis of the character of the employer.” (Para 63, page 41-42 Vol.I).
Third Pay Commission had also observed that:
“Since the Government has the controlling, if not the sole interest, in the Public Sector Undertakings, and is also the authority for appointment and removal of the members of the Board of Management, it cannot disown responsibility for such vital matters as the pay scales adopted by the Undertakings and the disparities between those scales and the pay scales applicable to its own Employees”(para 64, page 42, Vol.I).
Periodicity of wage revision has also been a matter of serious concern for the Central Government employees. But the Government has not been responsive on the issue even though the employees had been demanding for setting up of the Seventh Pay Commission since January, 2011, when the DA crossed 50% mark and five years had elapsed since the date of implementation of Sixth CPC.
Fifth Pay Commission in its report had recommended as under:
PARA.99 OF SUMMARY OF RECOMMENDATIONS OF V CPC
“NEED FOR CONTINUING MACHINERY FOR PAY REVISION: The Commission has recommended that pay revision should, in future, be entrusted to a permanent Pay Commission drawing its authority from a Constitutional provision, whose recommendations should have a binding character. Pay should be revised annually as in other countries. As an alternative, it has been suggested that dearness allowance should be converted into dearness pay every time the cost of living rises by 50% over the base level. This would imply a revision of pay every 4 to 5 years. The final option is to have a decennial exercise as at present, but with fixed dates…”.
Railway employees have to work in extremely hazardous conditions, stresses and strains, vagaries of weather, put in additional working hours without any break, weekly rest or holiday and under peculiar Conditions of Service – especially in case of Loco & Traffic Running Staff, Operating Staff and Technical Staff and Engineers/Supervisors who are directly responsible for safety and punctuality of trains round the clock 24×7 hours a week all the 365 days a year. Additional stresses and strains of the job of the Railwaymen and their responsibility towards punctuality, productivity, efficiency and safe travel of millions of passengers needs to be duly considered and compensated – by way of higher pay scales/Grade Pays and Allowances.
Many Anomalies were caused after the Fourth, Fifth and Sixth Pay Commissions(especially after the last one) and the same still remain un-resolved, as the Government did not agree to remove them, unfortunately.
It is, therefore, imperative that the VII CPC should not only avoid further anomalies but should also look into the anomalies of the earlier Pay Commissions with an earnest hope and appeal to the Seventh Pay Commission to please consider these aspects favourably for promoting greater job satisfaction, Industrial Peace and to promote greater efficiency and productivity.
Unfortunately, the Sixth Pay Commission had made an erroneous recommendation for non-merger of DA when it crosses 50%. This was totally unjustified and unprecedented for. Earlier, D.A. was merged either due to negotiated settlement or on the recommendation of the Pay Commission, as the case of Vth Pay Commission.
DA merger was essentially required for multiple reasons, including compensation for erosion of wages due to unprecedented for inflation, errors and distortions in the compilation of Consumer Price Index(for Industrial Workers) as well as to compensate for the prolonged gap of ten years in revision of wages of Central Government employees – during which period, there were two revisions of wages in PSUs (one in 2007 and another from 2012).
DA had already crossed 100% w.e.f. 1st January, 2014, but it has not been merged thus creating unrealistic wage structure for Central Government employees.
Staff Side, NC/JCM has submitted a separate Memorandum to the Seventh Pay Commission, for grant of an Interim Relief of 25 % and Merger of 100% DA from 1st January, 2014, with the request for their early consideration.
We request the Seventh Pay Commission, as under:
(i) To grant of an Interim Relief of 25% of total pay and merger of 100% DA from 1st January, 2014 to all Central Government employees;
(ii) To consider our submissions in this memorandum favorably in respect of the Pay, Allowances, facilities, Service Conditions and Pensionary Benefits of Central Government employees and past & future pensioners.
It may incidentally be mentioned here that, all our submission is on the basis of what is prevailing as on 01.01.2014 and hope that the VII CPC’s report will be effective from 1st January, 2014.
Dated: 30th July, 2014
(Shiva Gopal Mishra)
General Secretary
Click here to download/view the AIRF memorandum of 301 pages
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