ALL INDIA BHARAT SANCHAR NIGAM LIMITED EXECUTIVES' ASSOCIATION
KARNATAKA CIRCLE, BANGALORE (INDIA)
ALL INDIA BHARAT SANCHAR NIGAM LIMITED EXECUTIVES' ASSOCIATION
KARNATAKA CIRCLE, BANGALORE (INDIA)
Co
Conciliation conducted by the RLC (Central),Delhi on 24.9.2020 on the demands of the 3 Days Strike held from 18.2.2019 to 20.2.2019.
The RLC (Central) conducted a conciliation meeting on 24.9.2020, on the demands contained in the Strike Notice, served by the AUAB for the 3 days Strike which took place from 18th February, 2019. Com.S.Sivakumar, GS, AIBSNLEA, Com.P.Abhimanyu, Convenor, AUAB & GS BSNLEU, Com.Suresh Kumar, GS, BSNL MS, Com.Anil Kumar, GS, BSNL ATM and Com.H.P.Singh, GS, BSNL OA, participated in this conciliation. From the BSNL Management side, Shri A.K.Sinha, DGM(SR) participated in the conciliation meeting. The important arguments placed by the AUAB in the meeting are as detailed below:-
Allotment of 4G spectrum to BSNL:
The Government has allotted 4G spectrum to BSNL. But, BSNL could not launch 4G Service, due to the cancellation of its 4G Tender, as per the directive of the Government of India. The AUAB demanded that BSNL should be allowed to launch its 4G Service immediately.
Pay Revision to Employees:
The DoT has already directed BSNL Management to immediately negotiate the wage settlement of the Non-Executives, sign the agreement and send the same for the approval of the DoT. However, BSNL Management had abruptly discontinued the wage negotiation. BSNL Management should be told to resume the wage negotiations.
Pension Revision:
Pension Revision has already been implemented to the DoT retirees. Whereas, their counterparts in BSNL, are not getting the Pension Revision till date. The Government should immediately implement Pension revision to the BSNL retirees by de-linking it from the Pay revision of the serving employees.
Payment of Pension contribution:
The AUAB demanded that the Government of India Rule should be implemented in respect of payment of Pension Contribution by BSNL to DoT. (i.e., As per F.R.116, Pension contribution to be paid on actual basic Pay instead of the Maximum of the Pay Scale)
Superannuation Benefits (SAB) of the Directly Recruited employees
The CMD BSNL assured in February, 2019 that BSNL's contribution towards the SAB would be increased by 3% before 31.03.2019 and the short fall in BSNL’s 30% contribution would be made good in the subsequent financial year. The Management has gone back from this assurance. The settlement of this demand should not be dragged on, by linking it with the financial condition of the Company. The Management should immediately start contributing its full 30% contribution towards the SAB.
After the discussion, the RLC directed the BSNL Management to discuss and decide the issue of at least Wage Revision of the Non-Executives. Next sitting of the Conciliation will be held at 11:30 hrs on 26.11.2020.
Today GS, AGS and Adviser/CHQ met Director (Finance).
At the outset, we congratulated Director (Fin) BSNL Board for making efforts to create the Trust & Faith in BSNL among the Investors since the BSNL Bonds issued on 21.09.2020 is over subscribed to 2.02 times for the total worth of Rs.17183.10 Cr.
Director (Finance) mentioned that it is the Team work and it is the credibility of the BSNL where Investors have shown their faith in BSNL. On behalf of AIBSNLEA, we congratulated CMD BSNL, Board of Directors and the Banking Team of BSNL Corporate Office for making untiring efforts for the successful release of BSNL Bonds with in a short time. We discussed regarding:
(1)Compensation for the BSNL employees who are maintaining essential Telecom Services throughout India against COVID-19 and financial assistance and compassionate appointment to the bereaved family member(s) of BSNL Employees, who expired due to Covid-19:
AIBSNLEA taken up the matter with CMD BSNL & Director (Fin.) and discussed in several meetings since March 2020. As per the request of AIBSNLEA, a proposal has been moved for the Compensation to the bereaved family members of BSNL Employees, who expired due to Covid-19 for the approval of CMD BSNL.
In addition to that as requested by AIBSNLEA with CMD BSNL and Director (Fin.) on 25.08.2020, a MC Note was moved for considering Compassionate Appointment to the eligible bereaved family members of the deceased BSNL Employee.
It is reliably learnt that the issue was discussed in the Management Committee Meeting held on 22.09.2020 and the MC required some additional inputs in this regard.
AIBSNLEA will continue its efforts for getting compensation and compassionate appointment for the bereaved family members of the deceased BSNL employees.
(2)Consideration of request transfers of Accounts Personnel:
We requested the Director (Fin) to consider the pending request transfers in the Cadre of CAO/AO since they have already completed more than 30 months service in the present Circle and requested for transfer back to their Home Circles to join with their family. We also impressed upon the Director (Fin) that the Accounts Personnel are facing so much problems due to Covid-19 in other than their Home Circles and further requested to consider the transfer requests on Humanitarian Grounds. Director (Fin) assured to consider the transfer requests on priority basis. However, Director (Fin) mentioned that the orders will be issued after analyzing and reviewing the Overall Scenario of Man Power Planning due to the proposed Restructuring of SSAs and BAs in BSNL.
(3) Post reduction due to Restructuring, Consolidation of SSAs into BAs: We brought to the kind attention of the Director (Fin.) that due to merger of small SSAs and creation of Business Areas, so many DGM/AGM/CAO posts are reduced. We further explained to the Dir (Fin) that new GMs posts are creating by surrendering DGM and AGM posts. We strongly protested against the move of the BSNL Management by reduction of DGM/AGM/CAO posts which will drastically affect the promotional avenues of the Young Executives.
We requested on the basis of the revenue of the SSAs in the Category 1,2,3 BAs, sufficient numbers of DGM/AGM/CAO posts has to be created without any additional expenditure since more number of eligible Executives waiting for their due promotions.
We expressed our serious concern regarding the reduction of DGM (F) Posts to CAOs in the Category 2 Business Areas and we demanded DGM (Accs & Budg) should be posted in the category 2 BAs instead of CAOs.
After patient hearing, Director (Fin) assured to discuss our suggestions and views with the CMD and Director (HR).
A) Status of Reversion of 2007- LDCE SDEs (2001 DR Batch):
GS enquired about the status of the Committee Recommendation with the Director (HR). Director (HR) mentioned that the meetings of the Committee were completed and the recommendation of the Committee was not yet submitted. He further mentioned that the recommendation of the Committee will be submitted within a couple of days. GS requested the Director (HR) for the early issuance of the favourable orders in this regard to mitigate the sufferings and frustration of the Young and Dynamic SDEs who have put more than 10 years Service in the SDE Cadre. Director (HR) appreciated the concern of AIBSNLEA and assured to look in to the matter.
Earlier, as requested by AIBSNLEA, Committee was formed to look in to the issues regarding Reversion of 2007- LDCE SDEs (2001 DR batch). AIBSNLEA submitted its views before the Committee Members during the month of June, 2020 as per the Directions of the Director (HR). The Committee required reports from all the Circles. The same was received by the Pers. Branch. Several rounds of meeting of the Committee was conducted for the past 4 months and it is reliably learnt recommendation of the Committee is positive and the decision will be taken after the approval of the Competent Authority shortly.
B) Status of JAO 1999 Batch Pay fixation and recovery issue in respect of Telungana and AP Circles:- Director (HR) mentioned that the issue was discussed in detail with the HR Team with reference to the compliance report received from the CGMT Telungana and on the back ground of existing BSNL CO orders and Policy decision in this regard and decided to consider the case as one time relaxation. He further assured that the clarification orders will be issued shortly. GS, AIBSNLEA conveyed sincere thanks to the Director (HR) and the whole HR Team for the settlement of the issue.
History of the Case: AIBSNLEA Requested BSNL Management for the Withdrawal of the letter issued on the presumption of Telangana Circle regarding the wrong Pay fixation done against first up-gradation under Executive Promotion Policy (EPP) for the JAOs of 1999 Batch by DGM Vigilance of CGMT, TS Circle from 17.3.2020 onwards. In this regard GS, AIBSNLEA has written a letter to the Management on 17.3.2020 followed by 3 Reminders. AIBSNLEA CHQ Office bearers discussed the issue with Dir(HR), DIR(Fin), PGM(Pers), Sr.GM(Estt), GM(EF) and DGM (Pers) in detail several times with relevant orders/clarifications issued by the DoT, Pers & SEA Branch of BSNL CO, but even after a lapse of five months, due to Covid-19 etc., the issue has not been resolved. Finally Director (HR) invited AIBSNLEA for detailed discussion with the HR Team on 25.8.2020 at 1100 hrs. GS and AGS participated in the meeting and submitted AIBSNLEA views in this regard with facts and relevant orders/clarifications issued by the DoT, Pers & SEA Branch of BSNL CO. The meeting lasted for more than 2 hours. After detailed discussions and patient hearing, Director(HR) assured that the issue will be considered as one time relaxation basis due to procedural lapse, after obtaining the compliance report from the CGMT, Telungana. We further requested Director(HR) to resolve the issue on priority basis since the issue is pending at Pers branch for a petty long time and issue necessary clarification in this regard to Telungana Circle Administration so as to mitigate the sufferings faced by the concerned Accounts Personnel, at least before the release of 4th & Final installment of Ex-gratia <<<Click here for GS letter reminder III >>>
C) Consideration of request transfers in the Cadre of AGM/CAO/SDE/AO:- We requested Director(HR) to consider the pending request transfers in the Cadre of AGM/CAO/SDE/AO. Director (HR) mentioned that it is under process and assured that the orders will be issued after analyzing and reviewing the Overall Scenario of Man Power Planning due to the proposed Restructuring of SSAs and BAs.
GS and AGS, AIBSNLEA met PGM (Pers) on 02.09.2020 and have a detailed discussion regarding:
A) Discrepancies in the Provisional Seniority list No.9 of SDE(T) for DE(T) Promotions: PGM (Pers) informed that as per the instructions of CMD BSNL and Director (HR), discrepancies noticed in the Provisional Seniority list No.9 of SDE(T) for the promotion of DE(T) issued by the Pers branch on 10.8.2020, as pointed out by AIBSNLEA in the meeting held with CMD BSNL on 24.08.2020 and Director (HR) on 26.08.2020 will be revised purely on the basis of the date of joining in accordance with the judgment pronounced by Hon’ble Supreme Court. i.e., that the SDE(T)s promoted for the vacancy year (2006-07, 2007-08) in SCF promotion on 15.05.2009 and the SDE(T)s Promoted for the vacancy year (2008-09) in SCF promotion on 30.03.2011 will be placed en bloc seniors to the SDE(T)s Promoted on 02.07.2013 through LDCE 2012 (2006-07 to 2008-09).
AIBSNLEA brought to the notice of CMD and Director (HR) that the SDE(T) RR 2002 Amendment (That is Modification/addition/deletion in SDE(T) RR 2002) circulation dated 08-May-2018 “the Inter-se Seniority of the officers promoted against Seniority Quota (SQ-67%) and those who are promoted through LDCE/LICE quota (CQ-33%) against the particular vacancy year shall be fixed in the ratio of 2:1 irrespective of the year of appointment/date of joining”. “This Modification applicable with effect from 28/08/2015” onwards only. Any RR amendment is applicable from that date (that is Prospective in nature) but not on retrospectively.
Click here for the letters of GS to <<<CMD BSNL>>> & <<<DIRECTOR (HR)>>>
B) Reversion of 2007- LDCE SDEs (2001 DR Batch):
As requested by AIBSNLEA, Committee was formed to look in to the issues regarding Reversion of 2007- LDCE SDEs (2001 DR batch). AIBSNLEA submitted its views before the Committee Members during the month of June, 2020 as per the Directions of the Director (HR). The Committee required reports from all the Circles. The same was received by the Pers. Branch. PGM (Pers) informed that the Committee meeting was conducted on Monday and it is recommended positively and the decision will be taken after the approval of the Competent Authority shortly.
C) Status of JAO 1999 Batch Pay fixation and recovery issue in respect of Telungana and AP Circles:- PGM (Pers) mentioned that as per the directions issued by the Director (HR) during the meeting held with AIBSNLEA on 26.08.2020, compliance report has been called for from the CGMT Telungana. The same was received by the Pers branch and it was examined. Detailed discussion in this regard will be held with Director (HR) tomorrow on 03.09.2020, he further added. On behalf of AIBSNLEA, we requested PGM (Pers) that the procedural lapse committed by the TLG Circle Administration while issuing the promotion orders may be condoned by the Director (HR) and we further requested to issue necessary clarification in this regard to Telungana Circle Administration so as to mitigate the problems faced by the concerned Accounts Personal.
D) AO to CAO Promotions- Status Quo case: We have requested PGM (Pers) to file WP in the Hon’ble High Court of Punjab and Haryana Chandigarh so as to hear the Status Quo case of AO the CAO promotion immediately in Hon’ble CAT Chandigarh. We further explained to PGM (Pers) that earlier the Hon’ble High Court of Punjab & Haryana Chandigarh directed the CAT Chandigarh to deliver the judgment in the next date of hearing but Hon’ble CAT Chandigarh has not hearing the case and deferred the hearing to 6th Nov, 2020. After patient hearing PGM(Pers) assured to look in to the matter.
E) JTO to SDE(T) Promotion and Seniority issue: We enquired about the status of the JTO to SDE(T) Promotion and further course of action to be taken by the Management after the dismissal of the Review Petition by the Hon’ble High Court of Kerala .
PGM (Pers) informed that the Review Petition filed for restoring the Training Centre marks as criteria for deciding the JTO inter-se seniority was dismissed by the Hon’ble Kerala High Court. Hon’ble Kerala High Court ordered that JTO inter-se seniority is to be fixed as per Date of Joining which is against the BSNL Policy. As per the existing JTO RR 2014, the inter-se seniority will be fixed on the basis of Training Centre Marks.
The Prayer of the Petitioner i.e., 1:1 seniority between 1995 recruited Departmental JTO and 2001 recruited DR JTO also dismissed by the Hon’ble Keral High Court.
PGM (Pers) informed that BSNL will file SLP in the Hon’ble Supreme Court against the High Court judgment.
F) Consideration of request transfers in the Cadre of AGM/CAO/SDE/AO:- We requested PGM(Pers.) to consider the pending request transfers in the Cadre of AGM/CAO/SDE/AO. PGM (Pers.) mentioned that it is under process and assured that the orders will be issued after approved by the Competent Authority.
G) Request transfers in the Cadre of AO from Corporate Office to other Circles:- We requested PGM (Pers.) to consider the pending request transfers in the Cadre of Accounts Officers. PGM (Pers) mentioned that the Competent Authority has approved the request transfers and assured that the orders are being issued shortly.
H) SDE(T) to DE(T) Promotion: PGM (Pers) mentioned that against the judgment delivered by the Hon'ble CAT Chandigarh, i.e. against the SC/ST roster and Catch-up Rule in the promotions, BSNL Management is going to appeal in the Hon'ble High Court.
I) DGM(Ad-hoc) to DGM(Regular) promotions: We requested PGM (Pers) to consider the DGM (Ad-hoc) to DGM (Regular) Promotions as agreed by the CMD BSNL and the Director (HR) in various meetings. PGM (Pers) mentioned that the same is being considered.
J) AGM to DGM(T) & CAO to DGM(Fin) Promotions: We requested PGM (Pers) to consider the DGMs promotions by giving relaxation in the eligibility condition as assured by the Director (HR) in the various meetings due to the shortage of the the officers in DGMs Grade. PGM (Pers) mentioned that the same is under process as per the direction of the CMD BSNL. AIBSNLEA had discussed the matter with the CMD BSNL and the Director (HR) BSNL Board for consideration by giving relaxation in the eligibility conditions.