PRINCIPAL CAT NEW DELHI CASE OA 1867/2016 STATUS

The following members were sent Legal Fund for perusing at Corporate Office and PCAT New Delhi regarding FR 22 (1) a (1) cases (1) OA 1867/2016, (2) CP 572/2016.

DATE	STATION	NAME	AMOUNT
8-Nov-18	DURGAPUR  WB	WEST BENGAL JTOS	15000
12-Nov-18	KARIMNAGAR	CH SRNIVAS GANDHI	3000
15-Nov-18	HYDERABAD	T RADHA RAMAN	3000
15-Nov-18	HYDERABAD	GANGADHAR	3000
15-Nov-18	HYDERABAD	THIRUPATHI REDDY	2000
15-Nov-18	HYDERABAD	SUBBARAO	3000
15-Nov-18	HYDERABAD	SUBHADRA	3000
16-Nov-18	BETUL   MP	GANAPAT SINGH THAKUR	2000
16-Nov-18	MAHARASTHRA	WANI	5000
17-Nov-18	NELLORE	SAI PRABHAKAR	2000
17-Nov-18	NELLORE	RAVINDRA BABU	2000
17-Nov-18	NALGONDA	SRINIVAS & NALGONDA SSA	6000
19-Nov-18	TIRUPATHI	MANOHAR & CHITTOOR SSA	5000
19-Nov-18	HYDERABAD	THAKDIR BASHA G	2000
19-Nov-18	HYDERABAD	T N D MALLESWARI	2000
19-Nov-18	HYDERABAD	S NAGAMALLESWARI	2000
19-Nov-18	HYDERABAD	N KAMESWARA RAO	2000
19-Nov-18	HYDERABAD	M VENKATESWARLU	2000
19-Nov-18	HYDERABAD	CH S JOHNSON	2000
19-Nov-18	HYDERABAD	N JOSHEP	2000
19-Nov-18	HYDERABAD	CH RAJASEKHARA REDDY	2000
19-Nov-18	HYDERABAD	V LAKSHMI PRASANNA	2000
19-Nov-18	HYDERABAD	M V SESHA SAI	2000

Our delegation Sri N Kabeer Das  General Secretary  BSNLOA, Sri Ramakrishna CS BSNLOA,, Sri K Srinivasa Rao DS, Sri T Prabhakar Treasurer,  Sri U Kanaka Raju of AP, Sri B D Wani of MH along with Kerala delegation Sri Hari Lal and Kerala AIBSNLEA  CS   Sri Shaji  met our Advocate Smt. Rani Chabbra at her Chamber in Supreme Court of India. Detailed discussion was take place and necessary documents are handed over to our Advocate .

Sri Suresh Kumar Secretary General  BTEF send a SMS to CMD BSNL regarding the court cases against him regarding non implementation of FR 22 (1) a (1) on PAN India basis.   After submitting the strike notice of AUAB Sri Suresh Kumar and Sri N Kabeer Das held discussion on our issue with CMD. CMD assured to look into the matter. 

Our delegation also met Sri A.K.Singh  DGM (Establishment) at Corporate Office and held a detailed discussion regarding non implementation of FR 22 (1) a (1) on PAN India basis. After discussion our delegation prepared a representation along with Kerala delegation for Implementation of FR 22 (1) a (1) on PAN India basis.

Our delegation also met CMD BSNL and Director HR BSNL submitted the representation and held discussion for Implementation of FR 22 (1) a (1) on PAN India basis and Court cases pending on this issue.

On 19-11-2018 our OA 1867/20166 was not heard.  Actually our case OA 1867/2016 was posted on 19-11-2018 with Sl. No. 87 in Court Hall No-2. But up to 40 cases only heard and remaining cases were posted on 21^st and 22^nd FEB 2019.

Our Contempt case CP 572/2016 is posted on 30-11-2018. As per Advocate this case will definitely come for hearing because contempt cases will be heard first. BSNL Management is also giving so many letters pertaining  to 30-11-2018 contempt case.

March to Sanchar Bhavan Delhi on 14-11-2018

All the EX Officiated JTOs and active members are requested to contact the Accounts /Finance heads in Your SSA/Circle and request for implementation of FR 22(1) a (1) and payment of Arrears after 31-12-2006 also by producing the below letter.

PCAT CASE STATUS

For Implemented and reverted officials

FR 22 (1) a (1)  Petition No. OA 1867/2016 between BSNL OA Versus CMD BSNL & others is posted on 19-11-2018 for Final hearing at PCAT New Delhi. 

For not Implemented officials

FR 22 (1) a (1) Contempt Petition No. CP 572/2016 on OA No. 1282/2010 between BSNL OA Versus CMD BSNL & others is posted on 30-11-2018 at PCAT New Delhi for Final hearing.

Legal Fund is required for continuing the FR 22 (1) a (1) contempt cases and persuasion at Corporate Office regarding implementation of FR 22 (1) a (1).  All the States/SSA Active members are requested to take initiation, mobilize and send the Legal fund to the below account and confirm with 9490100085 after sending.

UPPALAPATI KANAKA RAJU

ICICI    HIMAYATHNAGAR BRANCH,

A/C NO 630501504183

IFSC  ICIC0006305

PCAT case status

 For Implemented and reverted officials

FR 22 (1) a (1)  Petition No. OA 1867/2016 between BSNL OA Versus CMD BSNL & others is posted on 19-11-2018 for Final hearing at PCAT New Delhi. 

For not Implemented officials

FR 22 (1) a (1) Contempt Petition No. CP 572/2016 on OA No. 1282/2010 between BSNL OA Versus CMD BSNL & others is posted on 30-11-2018 at PCAT New Delhi for Final hearing.

Legal Fund is required for continuing the FR 22 (1) a (1) contempt cases and persuasion at Corporate Office regarding implementation of FR 22 (1) a (1).  All the States/SSA Active members are requested to take initiation, mobilize and send the Legal fund to the below account and confirm with 9490100085 after sending.

UPPALAPATI KANAKA RAJU

ICICI    HIMAYATHNAGAR BRANCH,

A/C NO 630501504183

IFSC  ICIC0006305

PCAT NEW DELHI CASE STATUS

Congratulations to Kerala Brothers and Sisters for achieving the glorious victory with continuous and un tired efforts.

We are Happy to inform you that the SLP filed by BSNL Management against the Kerala High Court Judgment which is in favor of Officiated JTOs is challenged in Honorable Supreme Court of India by CGM KERALA as per the directions of Corporate Office New Delhi was rejected in Registry itself ( Not even gone to Bench).

Two cases were also pending at Principal CAT New Delhi for the implementation of FR 22 (1) a (1) at par with Kerala. But up to now Department is  submitting to PCAT New Delhi that they are implemented the FR 22 (1) a (1) all over India with out implementing from the date of Officiating till the date of Regularization. ( BSNL Management is implemented FR 22 (1) a (1) up to 31-12-2006 only).

Now we will try for implementation of FR 22 (1) a (1)  up to Regularization with clear cut orders from Corporate Office New Delhi through all  the sources. Please don't leave any source which will act in favor us.

FR 22 (1) a (1) Contempt Petition No. 1867/2016 between BSNL OA Versus CMD BSNL & others is posted on 12-09-2018 for Final hearing at PCAT New Delhi.

FR 22 (1) a (1) Contempt Petition No. 572/2016 on OA No. 1282/2010 between BSNL OA Versus CMD BSNL & others is posted on 06-08-2018 at PCAT New Delhi for Final hearing.

Legal Fund is required for continuing the FR 22 (1) a (1) contempt cases, JTO Seniority Writ Petition and persuasion at Corporate Office regarding implementation of FR 22 (1) a (1).  All the States/SSA Active members are requested to take initiation, mobilize and send the Legal fund to All India Finance Secretary. The Account details are given below.

RAJENDRA REDDY MURIKINATI

STATE BANK OF INDIA

LALAGUDA (SECUNDERABAD)  BRANCH

A/c No.  30192980518

IFSC  Code  SBIN0007112

After sending the Legal Fund and confirm with Sri M.Rajendra Reddy on Mobile 9490752525.

Rent is fixed by Corporate Office for CHQ accomodation at T-15, Atul Grove Road, New Delhi. Hence all BSNLOA members are requested to mobilize and kindly donate for the expenditure incurred. 

Representatives of All Unions and Associations of BSNL met Hon’ble Minister of Tribal Affairs Shri Jual Oram.

Draft letter addressed to the Prime Minister on the issue of Merger of MTNL with BSNL.

ALL UNIONS AND ASSOCIATIONS OF BSNL

No: UA/2017/7 05.02.2018

To,

Shri Narendra Modi ji,

Hon’ble Prime Minister,

Government of India

South Block, Raisina Hill

New Delhi - 110 011

Respected Sir, 

Sub: - Proposed merger of BSNL and MTNL - reg. 

We, the unions and associations of BSNL, wish to submit the following for favour of your kind consideration.

It is being reported by the media that the proposal for the merger of MTNL with BSNL is under the active consideration of the government. We learn that, the Management of MTNL is also sending a proposal to the government, for it’s merger with BSNL. The unions and associations of BSNL have already demanded that, the government should fulfill certain conditions, before proceeding with the merger of MTNL with BSNL.

However, we are disappointed that the government has not considered the demands of the unions and associations so far, but is proceeding with the merger proposal. Under these circumstances, we once again earnestly request you to kindly consider the following demands, so that the merger of MTNL with BSNL does not become a catastrope for BSNL.

1. MTNL should be delisted from the share market.

BSNL is not a listed company, with the government controlling 100% of it’s stake. At the same time, MTNL is listed in the share market, and 46.5% of it’s shares are already sold in the market. The BSNL employees are having a genuine apprehension in their minds that, the merger of BSNL and MTNL is being contemplated by the government, as a prelude to start disinvestment / strategic sale in BSNL. Under these circumstances, BSNL employees are strongly opposed to any merger of MTNL with BSNL. Hence, we demand that the government should delist MTNL first from the share market, before merger.

2. Government should take over the financial liability of MTNL.

MTNL is having a huge financial liability. It’s asset value is very less, compared to it’s financial liability. It is pertinent to mention that the net worth of MTNL for the year 2016 – 17 is Rs.(-)3,366 crore. BSNL’s financial position is too fragile to absorb the huge financial liability that MTNL is having. Hence, it is demanded that the government should take over the entire financial liability of MTNL, before merger.

3. Government should provide financial assistance to BSNL to revamp the networks in MTNL areas.

MTNL has not made any investment in the recent years, to strengthen it’s networks. As a result, MTNL’s networks, both mobile and landline, are in shambles. If MTNL is merged with BSNL, the latter has to invest a huge amount, to revamp the networks. In the present situation, BSNL is not having the wherewithal to make such huge investment. As it was rightly pointed out by the then Hon’ble Minister of Communications, shri Ravi Shankar Prasad ji, BSNL was not allowed to procure equipments for it’s network expansions, during the UPA regime. Only for the past three years, BSNL has started making network expansions, and is heading towards it’s financial revival. Under these circumstances, BSNL cannot afford to make big investments to revamp the networks in MTNL areas. If sufficient revamping of MTNL’s networks is not done expeditiously, the merger will further weaken BSNL’s financial condition. Hence, it is demanded that the government should provide sufficient financial assistance to BSNL to revamp MTNL’s networks on a war foot measure.

4. Salary structure of the employees of BSNL and MTNL should be one on the same.

At present, the salary structures of employees of BSNL and MTNL are different. The pay scales of the MTNL employees are one step above. If both the companies are to be merged, then the salary structure of the employees of BSNL and MTNL should be made one and the same.

We earnestly request you to kindly look into the issues raised above in the proper perspective, and to sort them out, before any step is taken in the direction of merger of BSNL and MTNL.

Thanking you,

 

Copy to: (1) Shri Manoj Sinha ji, Hon’ble Minster of State for Communications, Sanchar Bhawan, New Delhi - 01

(2) Shri Nripendra Mishra ji, Principal Secretary to the Prime Minister, PM Office, South Block, New Delhi - 01

(3) Shri Pradeep Kumar Sinha, Cabinet Secretary, Government of India, PM Office, South Block, New Delhi - 01

(4) Ms. Aruna Sundararajan, Secretary, DoT, Sanchar Bhawan, 20, Ashoka Road, New Delhi – 01

(5) Shri N. Sivasailam, Additional Secretary, DoT, Sanchar Bhawan, 20, Ashoka Road, New Delhi – 01

(6) Shri Anupam Shrivastava, CMD BSNL, Bharat Sanchar Bhawan, New Delhi – 01

Draft memorandum to be submitted to Shri Manoj Sinha, Hon’ble Minister of State for Communications

ALL UNIONS AND ASSOCIATIONS OF BSNL

No: UA/2017/6 05.02.2018

To,

Shri Manoj Sinha ji,

Hon’ble Minster of State

for Communications,

Sanchar Bhawan,

New Delhi – 110 001

Respected Sir, 

Sub: - Submission of memorandum on burning issues of BSNL employees – reg.

We, the Unions and Associations of BSNL, most respectfully bring the following issues to your kind notice, for favour of an early settlement.

1. 3^rd Pay Revision w.e.f. 01.01.2017.

The employees of BSNL are very much demoralised due to the denial of the 3^rd Pay Revision, w.e.f. 01.01.2017. As per the ‘Affordability Clause’ of the 3^rd Pay Revision Committee, the employees of BSNL are not entitled for wage revision, since the Company has not earned profit during the 3 preceding years. It is a known fact that, BSNL was not allowed by erstwhile government, to procure equipments for it’s network expansion, from 2007 to 2012. This is the main reason why BSNL went into loss. In his interview to the CNBC-TV18 on 28.02.2015, Shri Ravi Shankar Prasad ji, the then Hon’ble Minister of Communications & IT, told, “Both BSNL and MTNL were in profit by the year 2005-2006, thousands and thousands of crore. What happened in the subsequent years that they have come under such a critical state? Something which I can openly tell you today that every attempt was made that they are not allowed to expand.” This is the real fact behind BSNL’s going into loss.

However, the situation has totally changed now. From the year 2013 onwards, BSNL has made considerable expansion of it’s mobile networks. Together with this, the Non-Executives and Executives are also putting in extraordinary efforts, to increase the revenue of the Company. They have conducted very successful movements like “Customer Delight Year”, “Service With A Smile”, etc., to improve the quality of the services as well as to increase the customer-base and the revenue of the Company. As a result of the combined efforts taken by the Management and the employees, BSNL’s revenue, as well as customer-base, have increased considerably. For example, BSNL’s loss stood at Rs.8,234 crore in 2014–15, whereas it has come down to Rs.3,880 crore in 2015–16. BSNL has made operational profits of Rs.672 Cr and Rs.3,854 Cr respectively, in 2014-15 and 2015-16. The Company has also advanced from 6^th position to the 4^th position, in terms of market share.

Everyone agrees that BSNL is steadily moving in the revival path. However, non-implementation of 3^rd pay revision has demoralised the employees and it will seriously affect the productivity as well as the revival of the BSNL. It is also worth mentioning that the BSNL’s Board of Directors have passed resolution in favour of settlement of 3^rd Pay Revision to the employees with 15% fitment benefit, and without any financial assistance from the government.

Considering all the above factors, we request that BSNL should be exempted from the Affordability Clause of the 3rd PRC, and that the employees should be given 3^rd pay revision w.e.f. 01.01.2017, with 15% fitment.

2. Abandon the move to form the Subsidiary Tower Company.

The decision of the government to form a Subsidiary Tower Company has shocked the entire BSNL employees. The hiving off of BSNL’s 66,000 mobile towers to the Subsidiary Tower Company, will certainly jeopardise the future of BSNL and it’s employees. The decision of the Union Cabinet that the Subsidiary Tower Company would be under the control of BSNL Management, has been violated with the appointment of an IAS officer as the CMD of the Subsidiary Tower Company. The formation of the Subsidiary Tower Company is nothing but the deprivation of it’s towers from BSNL. The unions and associations view that formation of the Subsidiary Tower Company will ultimately culminate into it’s privatisation, and thereby ruining the future of BSNL. The entire employees and their unions and associations of BSNL vehemently oppose the formation of the Subsidiary Tower Company and request the government to roll back the same.

3. Pension Contribution should be on the actual basic pay and not on the maximum of the pay scale.

As per the recommendations of the 6th Central Pay Commission, pension contribution is being collected for the entire Central Government Employees, based on their basic pay (Pay in the Pay Band plus Grade Pay) only, as per the provisions of FR 116. This is implemented w.e.f. 01.01.2006 as per DOP&T Order No. 2/34/2008-Estt. (Pay II) dated 19.11.2009. Whereas, in the case of the DoT employees who are absorbed in BSNL, still pension contribution is being collected based on the maximum of their pay scale. As a result of this, BSNL is paying around Rs.400 crore in excess to the government every year. On retirement, both the Central Government employees, as well as the DoT employees absorbed in BSNL, are eligible for the same government pension and pension is 50% of the last pay drawn. When this being fact, pension contribution for the DoT employees absorbed in BSNL is collected on the maximum of the pay scale, whereas the same is collected based on the basic pay of the other Central Government employees. This is a very serious discrimination. It is causing a very big financial burden for BSNL. It has also placed a substantial number of BSNL’s employees in the problem of stagnation. Hence, it is requested that the Pension Contribution being collected from BSNL should be calculated on the basis of actual basic pay of the employees and not on the maximum of the pay scale of the employees.

4. Non-implementation of the recommendation of the 2^nd PRC, in respect of 30% superannuation benefit to BSNL’s Directly Recruited Employees.

The 2^nd PRC has recommended that PSUs should implement 30% superannuation benefits to it’s employees. It is a matter of regret that BSNL has so far not implemented this recommendation of the 2^nd PRC, which has resulted in irreparable loss to the Directly Recruited Employees of BSNL. It is demanded that this issue should be settled without further delay.

5. Pension Revision to BSNL retirees.

The pension revision of BSNL pensioners (DoT recruitees) has become due. They are covered by Govt. pension. However there is no mention about the pension revision for the BSNL employees either in 7^th CPC or in 3^rd PRC. 7^th CPC didn’t cover them on the plea that BSNL employees are having IDA. But 3rd PRC didn’t touch this aspect at all. Their earlier pension revision was done w.e.f. 01.01.2007. It is demanded that the government should take immediate steps for the revision of pension of BSNL pensioners. It is pertinent to bring to your kind notice that, at the time of last wage revision, i.e., w.e.f. 01.01.2007, the orders for wage revision of the BSNL Executives were issued on 27.02.2009 and the orders for wage revision of the Non-Executives were issued on 07.05.2010. However, order for revision of pension of the BSNL retirees was issued much belatedly, i.e., only on 15.03.2011. Such a delay should not take place this time. Hence, it is requested that the government may immediately take necessary steps for the timely pension revision of BSNL retirees.

6. Proposed merger of BSNL and MTNL.

It is being reported by the media that the proposal for the merger of MTNL with BSNL is under the active consideration of the government. We learn that, the Management of MTNL is also sending a proposal to the government, for it’s merger with BSNL. The unions and associations of BSNL have already demanded that, the government should fulfill certain conditions, before proceeding with the merger of MTNL with BSNL.

However, we are disappointed that the government has not considered the demands of the unions and associations so far, but is proceeding with the merger proposal. Under these circumstances, we once again earnestly request you to kindly consider the following demands, so that the merger of MTNL with BSNL does not become a catastrope for BSNL.

1. MTNL should be delisted from the share market.
2. Government should take over the financial liability of MTNL.
3. Government should provide financial assistance to BSNL to revamp the networks in MTNL areas.
4. Salary structure of the employees of BSNL and MTNL should be one on the same.

We request you to kindly look into the issues and cause to settle them at the earliest.

Thanking you

Yours sincerely,

Satyagrah Photos at Rajghat and Corporate Office New Delhi