Forum of BSNL Unions and Associations have taken decision to go on Indefinite Strike from 3rd February 2015 on the issue of Revival of BSNL and the steps to be taken by the government and management for the same. The Forum in its meeting on 18th will finalise the demands in the Notice. A copy of the draft notice is given below. Any suggestion or modification for the same may be intimated to the Convener,  at the latest by 18th morning so that the same could be considered before finalising.

Sub:  Notice for indefinite Strike from 3^rd February 2015 by the BSNL Executive and Non-Executives

The Forum of BSNL Unions/Associations, the Co-Ordination Committee of the Unions/Associations of Non-Executives and Executives in BSNL, has been making sustained efforts for the last few years for the revival and strengthening of BSNL and improving its services to the customers. Various suggestions and proposals for the same have been continuously presented to the Government and the BSNL Management, but unfortunately, no serious decision or action is taken, resulting in reduction of revenue, loss of market share and posting of loss for the last consequent four years. Despite the best efforts of the unions/associations to improve the services to the customers, much could not be done due to the extreme crunch of various equipment required. On the plea of incurring loss, existing benefits of the employees like Medical Allowance, LTC etc. are either discontinued or restricted. At the same time, proposals are being mooted by the government for retrenching of staff through implementation of VRS, disinvestment, forming companies by bifurcation of BSNL, outsourcing services to private companies etc. which will result in further deterioration, both in revenue as well in service.

The meeting of the Forum of BSNL Unions/Associations of Non-Executives and Executives after serious discussion on all these issues has decided to call for Indefinite Strike with effect from 3^rd February 2015 by both the executives and non-executive employees. In preparation for the strike, the following programmes will also be organised:

Programme of Action

1.Demands Day on 11^th December 2014 with Lunch Hour Demonstrations

2. 10 Days Campaign from 11^th to 20^th December 2014.

3. March to Parliament on 19^th December 2014.

4. Days Dharna at SSA/Circle/C.O from 6^th to 8^th January 2015

5. Indefinite Strike from 3^rd February 2015.

 Charter of Demands:

1. Formation of subsidiary companies of BSNL.

The Forum expresses its strong protest against  the decision of the Government / DOT / BSNL Board on the formation of a subsidiary company from BSNL by hiving off the tower assets. BSNL has got more than 62,000 towers, which is one of its biggest assets, like Optical Fibre /Copper Cable network and land /buildings. Taking away these huge tower asset from BSNL will weaken BSNL and its huge business prospects. We are quite convinced that the eventual move of the government is to privatize the potential tower business segment of the Company.

The Forum demands that this proposal/decision for formation of a Tower Company be rescinded immediately and the tower assets be retained with BSNL and monetized effectively.

2. Compensation for Loss on landlines for rural / remote area service.

One of the main reasons for the loss of BSNL is that it is providing rural land-line services, which are loss-making, but is part of the social commitment of the government for universal service. The private companies seldom provide services in these isolated and remote areas. Services in the naxal-affected and border areas of the country are fully provided by BSNL, which are loss making and risky. At the time of disasters like landslides in Uttarakhand, cyclone in Odisha/A.P. or floods in J&K, it was BSNL alone which restored its services immediately and which was appreciated by all. The loss for BSNL for these rural services comes to about Rs.12,000 – 13,000 crores per annum. Even the support of Rs 1250 crores recommended by TRAI is not paid to BSNL.

The Forum demands that the loss caused to BSNL for implementing the social commitment of the government is fully compensated.

3.Procurement of equipment for development, expansion and better service

The main reason for the decline of the expansion and the service is the cancellation of the 45 million, 93 million and 5 million tenders for the mobile equipment in the 2007 – 2010 period. This resulted in acute equipment crunch and consequent inability on the part of BSNL to expand services. Further, sufficient procurement of cables, broadband modem, drop wire etc. are not made. Though the supply has started coming slowly, it is completely insufficient.

We demand that sufficient and adequate equipment are purchased and supplied to enable fast development and maintenance.

4. Condition of mandatory purchase of equipments from ITI to be scrapped.

BSNL is mandated to purchase 30% of equipments from ITI. There is much delay in supply of equipment from ITI, which has resulted in extreme delay for the expansion of services in the Western part of the country and loss of revenue. ITI has failed to supply equipments in time. Further it is understood that ITI is functioning only as an agent by purchase and supply of equipment, instead of a manufacturer, resulting in the present unhappy situation.

The Forum demands that the decision of mandatory purchase from ITI be rescinded to enable BSNL to purchase from open market according to requirement.

5. Spectrum Liberalisation and Trading.

According to Govt decision, the telecom companies who have been allotted spectrum through auction after 2010 can liberalise as also trade their airwaves. BSNL, whose license is valid up to 2017, was allotted spectrum before 2010 and without auction. Hence, BSNL cannot liberalise or trade its spectrum like the private operators without making payment. BSNL should not be disqualified from trading and sharing of spectrum. While TRAI, completely unmindful of the fact that government also owns telecom companies, is  in every manner  protecting the  interests  (legitimate/illegitimate) of private sector, DOT has got a fundamental responsibility to protect the legitimate interest of its company, BSNL. Without spectrum liberalizaion, BSNL cannot start 4G services.

Considering the financial condition of BSNL and the Govt’s resolve to revive BSNL, the Forum demands that BSNL also be allowed to liberalise and trade its spectrum for upgrading its services and enhancing revenue without paying extra charges.

6. Merger of BSNL and MTNL.

The employees/unions were completely against the trifurcation of the Department of Telecom into three corporations viz. VSNL, MTNL and BSNL, which process was completed by 2000. VSNL is already privatised. MTNL is disinvested above 46%. Due to the strong resistance by the employees and their unions/associations, BSNL could not be disinvested. The market liability of MTNL is huge, to the tune of Rs.14,000 crore now, even  after adjustments. Different pay scales and service conditions exist in BSNL and MTNL. The transfer liability and other service conditions also differ.

The Forum is of the strong opinion that without sorting out comprehensively the contentious and complex HR issues, govt. fully owning up all the existing market liabilities of MTNL and also purchasing back the shares from the share market, any merger of BSNL and MTNL will be counterproductive. The bitter experience of the merger of Air India- Indian Airlines is before us, which has resulted in continued agitations and negative growth. Such a merger will be disastrous for both BSNL and MTNL.

 

7. Pension contribution on actual basic instead of maximum of the pay scale for the employees absorbed from DoT to BSNL

Pension and all issues related to pension for employees absorbed from DOT into BSNL is to be strictly regulated vide provisions contained Rule-37 A. Accordingly, Pension contribution from employees of BSNL is to be regulated in accordance with the orders of DOP&T OM dated 19.11.2009 on the basis of recommendations of 6th CPC, thus superseding DOP & T OM dated 15.05.2000. As per DOP&T order No. 2/34/2008-Estt. (Pay II) dated 19.11.2009 and in supersession of the order dated 15th May, 2000, pension contribution payable w.e.f 01.01.2006 in respect of employees on foreign service/deputation, is to be paid on the existing basic pay (pay band plus grade pay) and not on the maximum of the pay scale. BSNL is  mandatorily to pay pension contribution on the existing basic pay according to DOP&T order dated 19.11.2009, not on the maximum of the scale as envisaged in the superseded order of DOP&T which is redundant, both for Central Government employees as well as BSNL. However, DoT is arbitrarily coercing BSNL to pay pension contribution on maximum of scale in contravention of decision of the Union Cabinet mandating Government to pay pension in terms of 1972 CCS pension Rules. The payment of pension contribution by BSNL in contravention of DOP&T orders resulting in huge overpayment to the tune of 300 crores of rupees per annum for the last more than seven years since 01.01.2007. This in fact is almost double the amount actually due to be paid by BSNL on this account and that too at a time when BSNL is under huge loss and is on the brink of financial collapse.

Forum demands that the pension contribution to be paid by the BSNL to Government for the BSNL absorbed DOT employees should be on the basis of actual basic salary and not on the basis of the maximum of the pay scale, which is a grave injustice.

8. Reject the recommendation of TRAI to force BSNL to surrender 1.2 MHz spectrum in premium 900 MHz band.

TRAI has recommended BSNL to surrender 1.2 MHz of spectrum in the premium 900 MHz band to ensure that wider bandwidth is made available to private operators in the upcoming auction and their vested interests are well protected. BSNL is the strategic telecom company of the country which has to and continues to meet social obligations of telecom policy and security concerns of the country in an exemplary manner, latest instance being the commendable role of BSNL alone in providing services in AP, Odisha, Uttarakhand, J&K, TN etc.  during natural calamities like tsunami, landslides, floods etc. while private operators ran away from such calamites. 80% of Mobile network of BSNL is in the 900 MHz. Surrender of 1.2 MHz of spectrum in redundant 900 MHz band will create huge congestion in the network to the tune of 10% to 50%. In addition, huge cost is involved in re-engineering. We are afraid BSNL may be yet again a victim of vicious and never ending nexus of private operators and TRAI.

 

The Forum demands that the recommendations of TRAI asking BSNL to surrender 1.2 MHz in 900 MHz band should be rejected outright.

 

9. Reject M/s Deloittee Consultant recommendations

The recommendations of the consultants M/s Deloittee are only intended to gradually disinvest and privatise the BSNL as also to implement VRS / retrenchment. Reducing the SSAs also will result in deterioration of the service. The recommendations are counter productive.

The Forum demands that the recommendations of the Deloittee Committee be outright rejected.

10. BSNL service to be mandatory to Central Government, State Government and PSUs:

As in the case of Air India, all the central, state and PSUs should be mandated to take the services of BSNL, which is  a PSU. This will give a chance to BSNL to provide  a good number of connections.

11.Allotment of spectrum free to BSNL

BSNL, being a fully owned government company, the Spectrum should be supplied free to the telecom PSU, BSNL. The spectrum charges already reemitted by BSNL should be refunded.

12. Transfer of Assets to BSNL

The assets transferred to BSNL on 01-10-2000 is not yet transferred in the name of BSNL. BSNL is maintaining the assets for the last 14 years and even paying taxes for the same. Sam Pitroda Committee recommended to complete the transfer of the land and other assets in the name of BSNL and create a land bank for its commercial utilization which makes a business case for BSNL for its revival.

This process of transfer of assets has to be completed in a time bound manner.

13. Provide financial assistance to BSNL

BSNL is not having funds for purchase of required equipment  and for implementing schemes for development, expansion etc. In this situation, the government has to make arrangement for loans to the company, like soft loan, as  is being provided elsewhere.

 

14. BBNL and connected matters.

According to the Forum, there is no need for a separate Broad Band company like BBNL. This should be merged with BSNL and the broadband development should be part of BSNL activities.

 

15. 4 G Services should be started by BSNL. The government should provide free spectrum for the same.

 

16. The Government should refund the charges paid by BSNL for the spectrum which has been surrendered earlier.
17. Three posts of Directors of BSNL including CMD are vacant and not filled up for the last so many months . This has caused much deterioration in management. These posts of Directors, including CMD, should be filled up early for better management.
18. Urgent expansion of network is required to avoid congestion and for providing new connections and efficient functioning.
19. More than 1,30,000 staff have retired since BSNL was formed. But no new recruitment has taken place to fill up these vacancies. At the lowest level, there is acute shortage of staff resulting in deterioration of service. Fresh blood is required for any organization. New recruitment should take place in BSNL.
20. 78.2% IDA merger fixation for pre-2007 and post-2007 Pensioners.

BSNL employees have been granted 78.2% IDA merger fixation notionally w.e.f. 01-01-2007 and actually from 10-06-2013, the date on which DOT issued orders for the same ( DOT 64-01/2012-SU dated 10-06-2013). But the pensioners who retired before 10-06-2013 have not received the same in their pension, since separate orders are required, which are yet to be issued. To settle the issue, the Presidential Directive issued by the DOT has to be revised to extend the benefit of merger of 50% IDA with basic pay w.e.f. 01-01-2007, effectively amounting to 78.2% for the purpose of fitment and pay fixation on actual basis, instead of notional pay fixation keeping the arrear payment deferred as per agreement. This fixation is based on the government orders on the VI Central Pay Commission and is implemented in all Departments and PSUs. But the BSNL Pensioners are denied the benefit of the same. This issue is pending with DOT. It is understood that a Cabinet Note is being prepared in this connection for submitting to the Cabinet.

The Forum demands that the Cabinet Note be prepared and submitted to the Cabinet early as suggested in the earlier para, so that justice is got done to the Pensioners.

21. Pension Revision

The Forum Demands that whenever there is a wage revision, the Pension revision also should take place. Without this, the pension of the retired employees will stagnate and will lose all benefit for the pensioner.