2011/09/24

fr22(1)a(i)

Telecommunication Employees Progressive Union

(Registration No.2629CNI)

Central Head Quarters

Rtn.PHF.R.Venkataraman

Working President, TEPU CHQ,
Member, Staff Side, BSNL National Council.

Ref: TEPUCHQ / OffgJTO
Date: 21.9.2011

To,
Sri.R.K.Upadhyaya,
Chairman & Managing Director,
Bharat Sanchar Nigam Limited,
New Delhi 110 001.

Sir,

Sub:

Implementation of FR 22(1) (a) (i) benefits by complying the orders of CAT Principal Bench
Case of Officiating JTOs.

We invite your personal intervention on the age old issue that is pending settlement for long. Every officer
in the Corporate Office is seized of the issue and aware of the genuineness of the claim. Due to obvious
reasons, in spite of repeated demands from almost BSNL Non Executive and Executives Unions, demand
in the forum of National Council, it is a pity; the management maintains its silence. We once again refer it
to you hoping that you will personally look into the merit of the issue and settle it.

As of today, about 1900 TTAs qualified and imparted with Phase I (some of them Phase II training
partially) training are deployed to officiate as JTOs. They continue the discharge all the functions of JTOs
for several years (more than 8 years). However, the management restricted their payment by invoking
provisions under FR 35.

CAT, Ernakulam delivered Judgment to grant the JTO Pay Scale to Officiating JTOs. However, BSNL
management implemented the verdict of CAT, limiting it to Officiating JTOs of Kerala Circle, that too with
a condition that the payment is subject to the final outcome of the case.

When the Staff Side raised the issue in the 24th National Council Meeting held on 31.8.2010, the Official
Side held “The case in OA No.1282/2010 is before the CAT Principal Bench, the entire matter is under
judicial scrutiny, the issue can be settled only after the decision of the courts.”

Now CAT Principal Bench, New Delhi while dismissing the Review Petition filed by BSNL has
ordered to implement its order dated 26.8.2010 within a period of six months from 5.9.2011.

Sir, you may agree that utilizing a group of officials (entitled to be absorbed as JTOs since they have
been imparted with Phase I training) as JTOs without paying them the Pay of JTO is an attempt of labour
exploitation. Since we are aware of the predicaments the management faces in regularizing them, we do
not venture to term this as an exploitation resulting into unfair labour practice.

In consideration of the facts of the case, we request your indulgence for suitable directive and instructions
for uniform implementation of the verdict of CAT Ernakulam and thus extend the hands of Justice to
Officiating JTOs.

Thanking you,

Yours faithfully,

(R.Venkataraman)
Wkg.President & Member Staff Side