NAKED NEPOTISM AND ARBITRARY DISCRIMINATION
In an
unprecedented move, the Government of India, Ministry of Communications &
IT, Department of Posts, has issued orders on 24.06.2014, granting trade union
facilities to the Bhartiya Postal Employees Federation (BPEF) and all its
affiliated Unions. Even though in the order it is mentioned as limited trade
union facilities, in effect almost all the facilities granted to recognized
Federations / Unions is extended to BPEF also, including channel of communications,
meeting with senior officers and office accommodation subject to availability.
We
vehemently oppose the above decision of the Government, not because trade union
facilities are granted to BPEF, but because of the way in which it is granted,
flouting all the existing rules. Government of India has issued the New
Recognition Rules (NRR) in the year 1993 viz., the CCS (RSA) Rules, 1993 and it
clearly stipulates certain conditions for grant of recognition and trade union
facilities to Federations and Unions. As per the CCS (RSA) Rules - 1993,
membership verification shall be conducted under check-off system once in five
years. Those unions getting minimum 35% will be recognized as the first Union
and those getting minimum 15% membership will be granted recognition as second
union. Accordingly last membership verification was conducted in the Postal
Department in the year 2010 and those NFPE Unions got 35% and FNPO Unions got
15% are granted recognition and trade union facilities.
Most of
the BPEF Unions except one Union in Postal Accounts got less than 5% membership
only and hence they were not granted recognition and trade union facilities.
Now in blatant violation of the provisions of NRR and also circumventing the
rules for recognition, Government of India has issued an executive fiat granting
trade union facilities to BPEF and all its affiliated Unions. Thus, those who
are the custodians of the law themselves have violated it. This is nothing but
naked nepotism and hence we protest and oppose the order.
Secondly,
it is a case of arbitrary discrimination. FNPO affiliated Unions which failed
to secure 15% membership in the last verification are not granted any trade
union facilities so far. Similarly, the request for grant of recognition and
trade union facilities to the newly formed Gramin Dak Sewaks Union of NFPE [AIPEU GDS(NFPE)is still pending before
the Government, even though it commands support of more than 60% membership of
Gramin Dak Sevaks. How can the Government single out BPEF Unions alone for
trade union facilities? Why such facilities are denied to similarly placed
Unions? Where is the provision for such arbitrary discrimination? It reminds us
the famous writings of George Orwell – “All animals are equal, but some animals are
more equal than others”.
Thirdly,
when the Writ Petition of BPEF Unions for grant of recognition and trade union
facilities as well as challenging the provision of CCS RSA Rules, 1993 was
rejected by the Honourable Madras High Court in the year 2010, and consequently
the Government of India, the Department of Posts had completed the membership
verification under the CCS RSA Rules, 1993 and granted recognition to the
eligible Federations and Unions, how the Executive can ignore the judicial
pronouncement and grant trade union facilities to BPEF Federation and Unions?
NFPE
vehemently oppose this arbitrary orders issued by the Government, which smacks
of nepotism and discrimination. We demand the Government to review the orders
and ensure justice and fair play.
(M. Krishnan)
Secretary General
NFPE
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