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.
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).
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.
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.
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.
sd/-
(Sanjiv Shankar)
Director (E-II)
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/33011_1s_2014-Estt.B-I-10022014.pdf]
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