In preparation for the next All India Conference of AIBDPA, conferences from Branch / Area level has started. Next will be District Conferences and Circle Conferences. Being a democratically functioning organization, the conferences will be held in time at all levels. The work done after the last conference, organizational activities, agitations, achievements etc. will be discussed and election of office-bearers also will be held.

Com.K.G.Jayaraj, General Secretary, AIBDPA has written to the Railway Minister demanding restoration of the train ticket concessions to the Pensioners / senior citizens. The letter is posted in AIBDPA website aibdpa.com

BSNL is in very difficult situation. Workers are fully supporting the management in developmental activities. In this connection, it will be more helpful if a representative of the workers is appointed as one of the Directors. In Nepal Telecommunications, one of the Directors is a representative of the workers. This was raised at the initial stage of BSNL, but was not accepted.

Com.K.G.Jayaraj, General Secretary, AIBDPA has written to Secretary, DOT demanding Pension Revision for BSNL absorbed DOT employees wef 01-01-2017. The demand is fully justified. The government should accept the demand.

It is seen that 4 Independent Directors for BSNL have been appointed by the government of India for a period of three years. It is also stipulated that their TA and DA for attending the meetings will be paid as per rules.

BSNL is a 100% government owned company and for many years there was no Independent Director. It was functioning well. When the BSNL is facing severe financial problems and even medical bills / medical allowance are not being paid, what is the necessity of Independent Directors ? What is their duty? Why unnecessary expenditure ?

Pensioners’ Associations have been continuously making efforts to improve the pension system to enable them to live a satisfied and dignified life. But at the same time, the government was conspiring how to reduce the ‘burden’ of pension. New Pension Scheme (NPS) was implemented for employees recruited from 2004, denying them the existing defined statutory pension and converting in to contributory pension. The Pension Fund Regulatory Development Authority (PFRDA) was constituted with powers to extend it to earlier pensioners also, in case the government decides so. Except the then Left Governments of W.Bengal, Kerala and Tripura – all state governments followed suit by introducing the NPS in their states. Workers sarcastically called it ‘No Pension Scheme’. Despite strong protests from the pensioners’ organisations, defined statutory pension was not restored.

Pension for BSNL Retirees.

BSNL was formed in October 2000, bifurcating the services section of telecom from DOT in to Public Sector Unit. There were strong protest actions against the convesrsion and series of strike actions took place. Workers understood that the corporatisation was the first step towards privatisation and hence the sustained struggles. However, despite the strong protest of progressive unions like All India Telecom Employees Union Class III (N), the recognised Federations NFTE, FNTO and BTEF agreed for corporatisation with certain conditions. One condition was that government pension will be ensured to the BSNL absorbed DOT employees. It was later to be seen that the government was not very sincere and created umpteen problems with regarding to the calculation of pension and other connected matters, against which the workers had to organise struggles.

BSNL Employees Union was formed in 2001 by merging eight progressive unions, including E.III(N), T.III, Administrative Unions etc. Since its formation, it was dedicated to not only taking up the problems of workers, but also that of Pensioners as well as Casual and Contract workers. There were a lot of problems created by the government in payment of pension about which will be mentioned in the next chapter (to be continued).

During the last 7 yeas of Modi Government the prices of petrol, diesel and cooking gas gone sky high, almost double the price from the position when it took over the central government. This is also far higher than the prices in our neibhouring countries in Asia. The increase in price of petroleum products will also result in increase of prices of almost all essential articles.

Strong protest actions require to be organised against this attack on the common people.

It is understood from the minutes of the meeting between AUAB leaders and BSNL Board of Directors on 27-10-2021, released by BSNL on 29-10-2021, that AUAB is agreeable for 0% fitment for wage revision to avoid stagnation.In this connection, queries are being raised by several pensioners about the impact in Pension Revision of BSNL absorbed pensioners.AIBDPA had taken a principled stand that Pension Revision should be from 01-01-2017 with 15% fitment delinking wage revision. And we firmly assert that there is absolutely no change in our stand. Of course AUAB also has the same stand.The liability of wage revision is to be borne by BSNL whereas the entire liability of payment of pensionary benefits to BSNL absorbed pensioners lies with the Central Government by virtue of Rule 37 A amendment of CCS ( Pension) Rules, 1972. BSNL has paid Pension Contribution to the government at the rate of maximum of the pay scales of each BSNL absorbed employee. Therefore, pension revision of BSNL absorbed pensioners is no way connected with wage revision of BSNL employees. Also pension revision has nothing to do with the affordability condition of 3rd PRC, particularly in the wake of annulment of 60:40 condition by the Central Government in 2016. AIBDPA will continue our efforts and struggles to achieve the just and reasonable demand of pension revision with 15% fitment from 01-01-2017, delinking wage revision. We also welcome other Pensioners’ organisations who agree with the above demand for a joint struggle. (AIBDPA Website)

The landmark judgment delivered by the Constitution Bench of the Supreme Court on 17th December 1982 in D.S.Nakara and others Vs. Union of India is hailed as the Magna Carta of the Pensioners. The Bench consisted of Chief Justice Y.V.Chandrachud, Justice V.D.Tulzapurkar, Justice D.A.Desai, Justice D.Chinnappa Reddy and Justice Baharul Islam. The judgment of 64 paragraphs, not only accepted the pleas raised by the petitioners, but also made important comments on the rights of the pensioners on the issue involved.

The judgment clearly stated that ” the pensioners for receiving Pension form a class and there is no criterion on which classification of pensioners retiring prior to specified date and retiring subsequent to that date can provide a rational principle co-related to the object viz. object underlying payment of pensions..”

It was also pointed out “..(i) That pension is neither a bounty nor a matter of grace depending upon the sweet will of the employer and that it creates a vested right subject to 1972 Rules which are statutory in character, because they are enacted in exercise of powers conferred by the Proviso to Art. 309 and Clause (5) of Art. 148 of the Constitution; (ii) that pension is not an ex-gratia payment, but is a payment for the past service rendered; and (iii) that it is a social welfare measure rendering socio-economic justice to those, who in the heyday of their life ceaselessly toiled for the employer on an assurance that in their old age, they would not be left in lurch..”.

It also mentioned that ” ..A Pension Scheme consistent with available resources must provide that the pensioner would be able to live (i) free from want and with decency, independence and self respect (ii) at a standard equivalent at the post-retirement level…”.

A good number of such significant comments are part of the Supreme Court judgment, giving a slap on the face of the government. The historic judgment restored the self-respect and honour of pensioners. That is why pensioners all over the country celebrate the day of the judgment, 17th December, as Pensioners’ Day.

The judgment, including the comments, compelled the Central Government to issue orders for pension revision as also include the matter in the terms of reference to subsequent Central Pay Commissions ie. IV, V, VI and VII. Naturally, Pension Revision became a part of Recommendations of the CPCs. The SC judgment also compelled the government to introduce many reforms like Pension Adalat, SCOVA etc. (To be continued)