Staging demonstration during lunch hour not misconduct: Madras High Court

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Quashing the charge memo issued to two State Bank of India (SBI) officers alleging misconduct for holding lunch hour demonstration in August last year, the division bench of Madras high court on 5 August held that a mere peaceful demonstration, per se, inside the campus, could not be considered as misconduct under the rules. Earlier, a single bench of the high court had rejected the writ petitions on the ground that the court could not interfere at the stage of charge memo.The two officers – D. Thomas Franco Rajendra Dev, deputy manager and D. Suresh Kumar, chief manager of SBI in Chennai, were the general secretary and president of the All India State Bank of India Officers’ Association respectively. The association held a lunch hour demonstration on August 28, 2012 in front of the local head office and in all the administrative offices of the bank. For this they were issued charge memo for alleged misconduct under the bank’s officers’ service rules. (From: the Hindu/ Working Class)

Pension, Gratuity, Leave Encashment are Employees Properties: Supreme Court

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In the absence of any provision in the pension rules, a state government could not withhold a part of pension and/or gratuity during the pendency of departmental/criminal proceedings, held by the Division Bench of Justices K.S. Radhakrishnan and A.S. Sikri stating, “It is an accepted position that gratuity and pension are not bounties. An employee earns these benefits by dint of his long, continuous, faithful and unblemished service. Right to receive pension was treated as right to property.”

“According to Article 300 A of the Constitution, no person shall be deprived of his property save by authority of law. A person cannot be deprived of his pension without the authority of law. It follows that the attempt of the appellant [in this case the Jharkhand government] to take away a part of pension or gratuity or even leave encashment without any statutory provision and under the umbrage of administrative instruction cannot be countenanced.”

“It hardly needs to be emphasised that the executive instructions do not have statutory character and, therefore, cannot be termed as ‘law’ within the meaning of Article 300A of the Constitution. On the basis of such a circular, which is not having force of law, the appellant cannot withhold — even a part of pension or gratuity. So far as statutory rules are concerned, there is no provision for withholding pension or gratuity in the given situation. Had there been any such provision in these rules, the position would have been different.” In the instant case, respondent Jitendra Kumar Srivastava was sanctioned 90 per cent provisional pension pending an enquiry. The remaining 10 per cent of his pension and salary was withheld. He was also not paid leave encashment and gratuity. The Jharkhand High Court directed the State government to release the withheld pension and salary and other benefits. The present appeals are directed against this judgment. (From: the Hindu, 19 Aug, 2013/ Working Class)

New Pension Scheme Worse than EPS

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New Pension System worse than EPS

Union Finance Secretary wrote to the Union Labour Secretary suggesting to encourage subscribers of Employees Pension Scheme (EPS) to shift to the New Pension Scheme (NPS) claiming NPS as a better substitute to EPS, NPS being ‘self-sustaining’ with ‘decent returns’ and ‘adequate pension wealth’ and “The government would be free from any open ended and financially unsustainable liability of EPS.

The Employees’ Provident Fund Organisation (EPFO) disagreed with the Finance Ministry’s proposal stating that return under EPS for May 2009 – May 2013 period would be 10.47% which is higher than the return under NPS; and EPS providing social security for lower income group in old age; pension to widows, children and dependents in case of death of the subscriber; many interim benefits; with provision of withdrawing self contribution in EPF. There is 15 years lock-in period in NPS. EPS subscribers get bonus of two years on completion of 20 years of service and there is provision of commutation or part withdrawal which are not available in NPS. EPS’ corpus stood at Rs 1.83 lakh crore wih 5 crore subscribers as against NPS corpus of Rs 29,852 crore with little over 47.70 lakh subscribers as on March 31, 2013. EPFO manages PF corpus of Rs 3.7 lakh crores plus Rs 1.83 lakh crore pension fund. (From: the Hindu, 6 August 2013/ Working Class)

CLC Conciliation on Forum Demands

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The Chief Labour Commissioner has fixed conciliation meeting at 11.00 AM on 17th October 2013 on the issues raised by the Forum of BSNL Unions / Associations with the BSNL Management. Forum leaders and representatives of the BSNL Management have been invited to attend the meeting.

Forum Convention at Lucknow on 15th October

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It has been informed that the State Convention of BSNL Employees “On Revival of BSNL”, as per the call of the National Convention held at New Delhi on 3rd August, will be held at Lucknow on 15th October, 2013. The Circle leaders of the Forum of BSNL Unions/Associations are making all arrangements for the successful conduct of the Convention.

DPE issued orders on IDA from 1st October 2013.

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DPE has issued orders increasing the IDA for the PSU employees with effect from 1st October 2013. The increase is 6.6% and the total IDA from 01-10-2013 is 85.5%.

Voters should be given receipt for having voted.

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The Supreme Court in an important judgement has ordered that the voters after voting should be given a receipt for the fact that they have voted. I think this is a good decision. We have to see the details of the judgement to know the procedure etc. for this practice.

Telecom Commission approves Spectrum Trading and Sharing.

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In a new development, the Telecom Commission has accepted the recommendations of the TRAI to allow the telecom companies to trade and share the spectrum allotted to them. Existing licencing condition does not allow spectrum sharing or trading. In fact, DOT has proceeded earlier for action against the private companies for sharing their spectrum with other private companies. The present decision will benefit the private players in a big way.

A request to the visitors

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I am very glad that many of our friends/comrades are visiting this blog-site daily. Some of them are also putting comments as well as some questions for information. Many do not give their name and address while making the comments/questions, but e-mail id only is there. I would request our visitors to give their name and address also while making comments/questions. Otherwise it will be difficult to answer or publish the same in the blog. Thanks.

3rd round of Spectrum Auction from 7 January

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The third round of spectrum auction is expected to start from January 7 as per the tentative timeline prepared by the inter-ministerial committee (IMC), which was set up by the Department of Telecom for the purpose.
The base price for the spectrum will be brought down. But to what extent will be known after the difference between DOT and TRAI is sorted out.