Report by Kamgar Ekta Committee (KEC) correspondent
Defence Civilian Employees, numbering nearly 3.5 lakh, under the banner of All India Defence Employees Federation (AIDEF) have been relentlessly fighting against corporatization of ordnance factories, Contributory Pension Scheme (NPS), restructuring of DRDO, privatization in defence production, outsourcing in MES, and for setting up of 8th Central Pay Commission, orders for compassionate appointment and issue of notification retaining the status of ordnance factory employees as Defence Civilian Employees, etc. To press for early resolution of their demands, the National Office bearers and National Executive Committee members of AIDEF and Delhi based union leaders sat on a dharna at Jantar Mantar, Delhi on 2nd August 2024.
After the Dharna, a Memorandum was submitted to Raksha Mantri Rajnath Singh. The dharna was presided by Shri S.N. Pathak, President and Comrade C. Srikumar, General Secretary. Leaders of Central Trade Unions Comrade Amarjeet Kaur, General Secretary AITUC, Shri Rajender, Secretary HMS and others addressed the dharna.
AIDEF representatives held a meeting with the Defence Secretary in which the leadership of AIDEF requested the Defence Secretary to have a positive approach towards the demands of the Defence Civilian Employees and settle the demands given in their Memorandum.
Defence Secretary assured the AIDEF Leaders that the Ministry of Defence will take proactive steps to settle the demands.
The National Executive Committees of AIDEF in its meeting held on 01.08.2024 decided to continue and intensify the agitation culminating in a strike action if there is no positive response from the MoD / Government.
Memorandum submitted by AIDEF to the Raksha Mantri
Ref. No. 04/1004/Min./AIDEF/24
Date: 2nd of August, 2024
To,
Shri. Rajnath Singh ji
Hon’ble Defence Minister
Government of India,
South Block, New Delhi – 110 001.
Subject: Submission of Memorandum on the issues and demands of 3.5 Lakhs Defence Civilian Employees by AIDEF after holding a Dharna at Jantar Mantar, New Delhi – Reg.
Respected Sir,
The All India Defence Employees Federation (AIDEF) is the major and pioneer Federation of the trade unions of 3.5 Lakhs Defence Civilian Employees recognized by Government of India. We are submitting this memorandum with lot of concern and pain since off late the Defence Ministry’s approach and attitude towards the Defence Civilian Employees has become insensitive and ill treatment by neglecting all their issues, problems and difficulties. Even though the Ministry of Defence have recognized the trade unions and their federations for discussing and sorting out their problems / issues through periodical meetings directly with the Federation and through the Departmental Council JCM of MoD and Additional Mechanism, this has come to a complete standstill. Our repeated representations to meet the Hon’ble Raksha Mantri (RM) and Defence Secretary, to hold regular meetings with the Federation, to hold the regular meetings of Departmental Council JCM chaired by Defence Secretary, Additional Mechanism meeting Chaired by the concerned Joint Secretary of MoD has not yielded any result, therefore we are left with no option than to observe trade union action programmes to register our protest and also to attract the attention of the Government towards the genuine demands of the Defence Civilian Employees.
Post corporatisation of the ordnance factories the Hon’ble RM have assured that all the service matters of the employees would be protected and all the employees issues would be properly addressed by the MoD and for this purpose the senior officials in the MoD will hold regular meetings with the Federation. However, none of the assurances were implemented and we were forced to approach the Court of Law for getting justice. The Corporations and its Management both at the apex level and also at the factory level are behaving in a whimsical manner directly or indirectly tinkering the service conditions and arbitrary implementation of various anti-worker policies without even holding any discussion with the trade unions and federation forgetting the fact that the employees in ordnance factories are Central Government Employees / Defence Civilian Employees on Deemed Deputation only.
Even the settlement reached in the presence of the Chief Labour Commissioner (Central) [CLC (C)] establishing the prerogative of the Federation to nominate its representatives to the Consultative Mechanism / IR Mechanism constituted at the Corporations’ Head Quarters level is violated by the 4 Companies, viz., AVNL, MIL, AWEIL & IOL. The Hon’ble RM has assured that all the 41 Ordnance Factories would be provided full work load and there will be hand holding by the Government both financial and non-financial.
More than 25 Factories are suffering without sufficient work load which very badly affects the wages of the employees. The most unfortunate thing is that for the past 3 years the MoD has stopped compassionate appointment of the dependents of the deceased employees of ordnance factories illegally and without any basis. The admission of children in the ordnance factory schools are stopped and the Chairman’s sponsoring quota in the Ordnance Factory Kendriya Vidyalya are also stopped thereby forcing the employees to fully depend on private corporate schools for getting to their children and grand-children for their educational needs, which is highly expensive.
The Ordnance Factories Corporations, due to large retirement / Voluntary Retirement / Death of employees Post Corporatization, are resorting to contract appointment, Fixed Term Employment on permanent on perennial jobs without any concern about the labour laws and also the safety and security. We have been demanding that since thousands of trained apprentices of the ordnance factories are remaining jobless they all should be appointed in the ordnance factories on the basis of the existing SRO / RR. Our demand is completely neglected.
Sanctioned posts in Army, Navy and Air Force are periodically abolished and to match the shortfall of manpower large number of contract workers are deployed and exploited. It is now understood the MoD has directed the 7 ordnance factories corporations to abolish the sanctioned posts without any consideration, that this will affect very badly the promotional prospects of the employees especially the industrial employees, since promotions are based on the sanctioned strength and not on actual strength. Many defence units like EME workshops and ordnance depots are being closed and the employees are declared surplus and shunted out to far off places.
It is now understood that the adverse recommendation of Prof. Vijaya Raghavan Committee on DRDO is going to be implemented which will have serious impact on the existence of many DRDO labs. Many new projects are also going to be handed over to private sector neglecting the DRDO. The DGQA Units are shrinked and so much so even the Bonus / PLB for the year 2022-2023 is not yet paid to the Defence Civilian Employees of DGQA , DGAQA & EME. You will be astonished to know that despite the DoP&T and MoD instructions the MES authorities are delaying the DPC’s and promotion of industrial employees for years together and hundreds of employees are retiring without any promotion due to the apathy and carelessness of the authorities.
The Defence Civilian Employees are demanding for withdrawal of the Contributory Pension system named as NPS and to Restore the Pension under CCS (Pension) Rule 1972 (now 2021) since their brothers in the uniform working with them side by side is exempted from the NPS. Even the request of the AIDEF to treat the MoD vacancies sanction letter dated.20.05.2003 issued to the OFB and MoD vacancies sanction letter dated.15.12.2003 issued to HVF as notification for the purpose of converting the Ex-Trade Apprentices recruited in the above vacancies from NPS to Pension under CCS (Pension) Rules 1972 (now 2021), since in their case there was no advertisement and they were recruited directly on the basis of batch wise seniority, is remaining unsettled at the MoD.
Hon’ble Supreme Court Judgements in the matter of various service related matters of the employees are also implemented only for the petitioners thereby forcing each and every employee to approach the Court of Law right from CAT to Supreme Court spending lakhs of rupees for litigation. Payment of Dress Allowance to industrial employees, payment of NDA in 7th CPC Pay Scale without any Basic Pay restriction, grant of Notional Increment to those employees who are retiring / retired on the last working day of June / December every year, grant of higher Pay scale to the stenographers, assistants / OS of Defence Establishments including ordnance factories at par with the Central Secretariat are certain examples.
A High Level Committee constituted by then Hon’ble RM Late Manohar Parrikar has recommended that on service matters, at the most the MoD can file appeal in the High Courts and once High Courts give favourable Judgements to the employees further appeal to the Hon’ble Supreme Court should not be made and the benefit should be extended to all similarly placed employees also. These recommendations were also approved by Late Manohar Parrikar.
Sir, in the following major service matters despite the Judgement of Hon’ble CAT and High Court the MoD has filed appeal in the Supreme Court.
Judgement of the Madras High Court for inclusion of HRA and Transport Allowance for commutation of OT Wages under section 59 of the Factories Act 1948.
Judgement of the Madras High Court to not treat the movement from HS Grade to HS Grade-I between 01.01.2006 and 14.06.2010 while implementing the revised Cadre structuring as promotion and to grant the concerned employees the next two ACP/MACP.
Judgement of Ernakulum High Court for fixing the Pay at Rs.6500 x 1.86 Fit man factor in 6th CPC wef.01.01.2006 to those employees who were in the pre revised pay scale of Rs. 5000-8000 and Rs. 5500-9000.
Sir, what we have quoted here are only few examples that how the Defence Civilian Employees are being ill-treated by the Ministry of Defence. In this situation the National Executive of All India Defence Employee Federation have issued a notice of agitation to the Defence Secretary on the 02.07.2024 informing that the National Office Bearers and Executive Committee Members of AIDEF will be sitting on a Dharna at Jantar Mantar New Delhi and our affiliated unions in more than 400 Defence Establishments will observe demonstration on the same day. After receipt of notice neither the MoD has settled the charter of demands submitted by us nor the MoD have convened a meeting with the representatives of AIDEF.
Therefore we have proceeded with our agitation programme and this memorandum we are submitting after holding a Dharna at Jantar Mantar New Delhi today. The Charter of Demands submitted to the MoD vide our notice dated 02.07.2024 is given below for your kind perusal, intervention and for issuing directions to the authorities for settling the demands in a time bond manner. Hope your honour will appreciate the serious concern expressed by us in its true spirit and do the need full in the interest of productivity and harmonious industrial relations in the Defence Industry.
In case still the apathy of the MoD authorities / Government towards the Defence Civilian Employees continues then the National Executive Committees of AIDEF in its meeting held on 01.08.2024 have taken a decision to continue and intensify the agitation culminating in a strike action. We are confident that you will not allow such an unpleasant situation in the Defence Industry and take all positive steps to address and settle the problems / issues and demands of the Defence Civilian Employees.
S.N Pathak, President
C. Srikumar, General Secretary