As a PSU, BSNL is utterly failing in its Human Resources Policy. I will focus on one issue particularly in this respect.
There are around 4,000 casual workers in BSNL who were engaged at the time of DOT and have completed more than 15 to 20 years of uninterrupted service. In the DOT, they were being regularised systematically, even though delay used to take place in many cases.
As per the agreement made between the DOT and Federations before the corporatisation to BSNL, all the left-out casual labours who fulfil the required conditions will be regularised. About 6,000 casual labours were regularised accordingly. But there are still about 4,000 yet to be regularised.
The plea of the management that they cannot be regularised in view of the Supreme Court judgement in the case of State of Karnataka vs Uma Devi, is not acceptable. Based on the same judgement both the Government Departments like Income Tax, Customs etc. as also PSUs have regularised their left-out casual workers. BSNL can also regularise the workers in the same way.
BSNLEU and BSNL Casual Workers Federation has taken this issue seriously. If the management does not act without further delay to regularise the employees serious struggle become inevitable. The management cannot refuse the legitimate right of the workers.
The meeting of the BSNLCCWF held at Kolkata yesterday which was attended by me along with Com. Animesh mitra, Vice-President, Com. Tapas Ghosh Secretary General, Tapos Banerjee, Treasurer and other leaders explained all the issues raised by the members. It was a very good discussion on all the issues of the casual and contract workers
Dear Comrade, As you have pointed out that despite of having the Supreme Court’s Order on Uma Devi’s case in force, other Central Government Departments have regularised thousands of Casual Mazdoors. Does it mean that other Central Government have defied Supreme Court order on Uma Devi Case and regularising Casual Mazdoors at Their own risk ? No, it is not so. I would request you once to read the verdict on Uma Devi’s Case once more. So far what I have read and understood is that, while court stated that there is no compulsion on the part of the Employer(Gov) to regularise all the Casual Mazdoors, but if a casual mazdoor as worked in a particular position of the department for more than six months without any break, then it establishes that there exists regular works therein, and in such position employer should recruit regular workers. And in other separate cases Court had also given verdicts that if the Government wants to recruit regular employees on certain positions, it has every right to do so, but the Casual Labourers who were working there since long should get priority of regularisation over new applicants. So, it cannot be said that Supreme Court has totally banned regularisation of Casual Mazdoors. Rather supreme court has expressed its dismay over engaging casual mazdoors against regular posts for years together and for violating laws on that point. The CPMG of Assam, who was a member of a committee of Postal Board to frame a policy of regularisation of Casual Employees engaged in Postal Department said the same thing in the R-IV All India Conference held in Last October 2011 at Guwahati. So, there is great possibility of getting Casual Employees regularised in BSNL, who are continuing since DOT era. Moreover, on earlier occasion, Supreme Court gave a decision that at the time of regularisation of employees against regular vacancies, the contractual mazadoors, who are working in the same position under any contractor, will also get eligibility and priority of regularisation over any fresh candidates. So, all these legal positions are in favour of ours. Please examine the same and take appropriate action.
With greetings,
Yours Sincerely,
Sankar Kumar Das, Guwahati
(From USA). Dated 28th July 2012.
Dear Comrade,
All the points mentioned by you have been raised and discussed several timeswith management, but they are taking a completely negative stand. However we continue our pressure to get them regularised.
Dear Sir,
We have been working in Tezpur Telecom District of Assam Circle for more than 17 years and the matter of being regulairzed is still hanging in the balance and we are under immense pressure of this long awaited result.
Now, all of us are pondering over the matter that whether any friutful result will come in out favour or we are just to go as things are passing by.
Please reply what is the present status of the case and what core of actions are to be taken to get legitimate due of our right.
Dear Comrade,
BSNLEU and BSNLCCWF have been continuously demanding the regularisation of the left-out TSMs and casual labou with the BSNL Management.They are refusing to regularise on the plea of the judgement of the 5 Judges Bench of the Supreme Court in the Umadevi case. But based on the same court judgment, casual labours have been regularised in Central Government departments and some other PSUs. We have taken up the matter with DOT, Communications Minister, Chief labour Commissioner, Labour Minister, Parliamentry Standing Committee on Labour and even the Prime ministe. But so far the issue has not been settled. We are strongly pursuing the matter. At the same time we have to strengthen BSNLCCWF so that more pressure can be put on the management and the government.