JCM III OFB council meeting decisions held on 20, 22 & 23 November 2017
INDWF/JCM III OFB/2017
All Affiliated Unions of INDWF in OFB,
Office Bearers, Working Committee Members & Special Invitees
OFB JCM III level council meeting and APC meetings held on 20, 22 & 23 November, 2017 held at OFB Hqrs Kolkatta.
On 21.11.2017 the Piece work Correlation sub-committee meeting held at Kolkatta under the Chairmanship of Shri A.K. Agarwal, Sr. GM. OF Khamaria at OFB Hqrs, Kolkatta
The brief of discussions, progress and the outcome in the meeting are given below. Further, the 4th APC meeting discussions and proposals for the future of the Ordnance Factories is also given for the information of all the affiliated unions. Discussions and the decision of the JCM III level meeting held on 20 & 22, November 2017.
1) FILLING UP OF VACANCIES BY PROMOTION IN ORDNANCE FACTORIES
After the rationalisation of posts in respect of Industrial Employees and Non-Industrial Employees sanctioned strength, large numbers of vacancies have arised in Ordnance Factories in addition to the normal recurring vacancies. Some factories have completed the exercise of conduction DPC/Trade Test and filled the vacancies. Whereas, some factories refused to fill the vacancies due to pending case before Hon’ble Supreme Court of India on the subject reservations in promotion treatment of SC/ST candidates promoted on their own merit. In the JCM III meeting it was raised and demanded that the promotions are to be effected based on the clarification given by DOP&T OM No. 36012/11/2016-Estt (Res) Dt. 30.09.2016.
The issue was discussed and OFB vide their letter No.CP(c) Np314/2016/Per/Resv(SCT) Dt. 20.11.2017 directed all Ordnance Factories as mentioned below:
“DOP&T OM No.36012/11/2016-Estt(res) Dt 30.09.2016 clearly indicates that the policy of effecting promotions to reserved categories persons to unreserved post is sub-judice in the Hon’ble Apex Court of India and till such time that the SLP’s are decided by the Hon’ble Supreme Court, while considering promotions, the DOP&T OM Dt 10.08.2010 and Railway Board circular No. 14.09.2010 on the subject reservation in promotion treatment of SC/ST candidates promoted on their own merit, are to be relied upon”. Factories are requested to effect the promotions accordingly, for which necessary instructions may please be issued. (Copy of the OFB letter posted in Comnet of OFB Dt 2.11.2017 in Per/Reser (SC/ST)
2) TRAVELLING ALLOWANCE AFTER 7TH CPC
Government of India, Ministry of Finance, Department of Expenditure, vide their OM NO. 19030/1/2017-EIV Dt 13.07.2017 issued revision of Travelling Allowance rules for the employees which are applicable w.e.f. 01.07.2017 i.e., Travel entitlements within the country
• Entitlement for Journeys by ‘Sea or River Steamers
• Mileage allowance for journey by Road
• TA on Transfer
• TA entitlement of Retiring employees
It was made a request by INDWF that the above order has been circulated by Ministry of Defence. Department of Defence D(Civ-I) vide their letter Dt 17.07.2017 for implementation, but the same has not been circulated by OFB to the Ordnance Factories for giving effect, and grant the revised benefits on these allowance. OFB has confirmed that the above orders in this respect have been recently issued through Comnet to Ordnance Factories this order can be downloaded from Comnet of Ordnance Factories and can avail the benefits w.e.f. 01.07.2017.
3) GRANTING OF ONE TIME RELAXATION IN RESPECT OF LTC CLAIMS FOR RE-IMBURSEMENT UNDER LTC 80 SCHEME.
The issue of granting relaxation in respect of the Defence Civilians employees was taken up with MOD and DOP&T to grant one time relaxation under LTC 80 Scheme. DOP&T vide their ID note No. 1193324/2016-Estt(A-IV) Dt 13.01.2017 and 03.07.2017 have advised the administrative ministry department to examine each case on the certain broad parameters/criteria and where it is satisfied to grant relaxation as prescribed by DOP&T. The same was circulated by MoD letter dated 18.07.2017 for examination of individual cases and proposals on these lines. In this respect, there are large numbers of cases, the final claims have been rejected and recovery has been effected by Ordnance Factories on the closed cases. It was demanded that OFB needs to issue necessary letters to Ordnance Factories to grant one time relaxation by verifying the cases/claims on case by case and accordingly it should be disposed, till such time the recovery should not be effected with penal interst. OFB has replied that necessary instructions were given still remainders will be issued to process the cases by granting relaxation under LTC-80 Scheme.
4) INDUSTRIAL RELATION PROBLEMS AT RIFLE FACTORY, ICHAPORE
It was mentioned that IR problems at RFI is creating severe discontentment among unions and employees. RFI management after the theft of some pistol components have arrested the concerned people but imposed restriction on unions. Works Committee Society members etc and total activities of welfare matters have been stopped. The production is not very appreciable the targets are far below than the expected level. RFI management instead of concentrating on production productivity affairs they are only serious about distrubing the IR. This needs to be interfered for restoration of peace and of IR. Member WV&E & Chairman assured that is would be reviewed and settled and at the same time requested the Federation to advice the respective unions to extend the co-operation to the present General Manager who is retiring on 30.11.2017.
5) DIRECT RECRUITMENT OF GROUP ‘C’ AND LOCE FOR CM
The Ordnance Factories had sanctioned posts for Direct Recruitment an Industrial and Non-Industrial category to each Ordnance Factories and the job is entrusted to OFRC. It was claimed although necessary written test have been conducted in respected of Group ‘C’ post in each Ordnance Factories but the results are abnormally delayed which raises apprehensions. The delay may lead to some kind of manipulations. The Staff side raised this issue and demanded to finalise without any further delay and time limit should be fixed after conducting the written examination. OFB assured necessary steps would be taken to release the results at the earliest.
6) DISTANCE EDUCATION
Distance Education Diploma (Technical) obtained from various educational institutions were denied on the plea that these institutes are not recognised by AICTE. Recent judgement of Supreme
Court was issued.It was demanded that OFB should in consultation with AICTE and UGC needs to declare the institutes which are authorised to declare distance education diplams. Further the Diplomas already obtained from the Distance Education institution may be recognised for promotion purpose.
7) GRANTING OF NIGHT DUTY ALLOWANCE BY REMOVING THE CEILING LIMIT
After raising the issue at MoD for lifting the ceiling of NDA i.e., Rs.12380/- (BP +DP on 6th CPC) was agreed and instruction were issued by OFB and CGDA on this issue. INDWF demanded OFB to issue necessary instructions notifying the categories both Non-Industrial Employees and NGO’s who are performing Night Duty in Ordnance Factories. Industrial Employees are fully eligible without ceiling, for Non-Industrial Employees and NGO’s they have assured on 21.11.2017 the notification was issued by OFB with the concurrence of PC of A (Fys) which has been uploaded in the Comnet of OFB. This may be downloaded from the comnet and claim is allowed to get the benefit even in the past.
8) 3% INCREMENT ON FIXATION OF PAY FOR MCM ON THEIR PROMOTION TO CM (TECH)
Though MoD has already approved and granted 3% increment for MCM on their promotion to CM (Tech) having higher responsibility from Industrial to Supervisory post but the same has not been accepted by PC of A (Fys) yet, on the reasons that MCM is not the feeder category to Chargeman as per the existing SRO. After discussion PC of A (Fys) agreed to review and grant 3% increment for the promotee CM from MCM.
9) OVERTIME PAYMENT CALCULATION
At present Overtime Allowance is being calculated based in the VI CPC pay scale due to the Overtime Allowance has not been granted on the VII CPC pay scale. It was raised in the meeting that even VI CPC pay scale the annual increments, promotional pay, MACP benefits on pay have not been taken into account for calculation of Overtime Allowance. The pay on 01.07.2016 is only taken for calculation of Overtime bacause PC of A (Fys) have made package on that day. It was demanded that the package is to be revised to add all this earning for calculation of Overtime Allowance as on accruing benefits PC of A (Fys) revise the package taking into account of all these earnings.
10) JCM IV LEVEL FUNCTIONING
National Council JCM, Departmental Council JCM, OFB level JCM in all these forums Finance and Accounts official responsible for taking decisions are participating regularly, whereas in JCM IV level it has been informed by local union that the official from finance and accounts are not participating are they are deputing the auditors only who are not having any authority to take any decision. In this issue it was deliberated PC of A (Fys) agreed to issue necessary instruction to depute not less than Accounts officer.
11) OPERATION OF PROMOTIONS FROM CM TO JWM
The issue was discussed and demanded that the vacancies in the JCM are not filled for last 3 to 4 years. Therefore, it was demanded that the existing vacancies needs to be filled immediately. If there is any discrepancy of seniority in CM and also the senior people are left out, it can be considered for promoting through review DPC; because of discrepancy in seniority the total promotion should not be delayed. OFB agreed on 20.11.2017 and accordingly 1203 promotions have been effected/granted and the order has been issued on 21.11.2017. It was further discussed that Electrical and Clothing technology no promotions were ordered to JWM. It was requested that they may also be considered for promotion in order to maintain parity which can be adjusted in the future vacancies of JWM. This was agreed to reconsider.
12) GRANTING OF FIXATION OF PAY UNDER FR 22(a)(i)(a)
In the absence of clarity after VII CPC for fixation benefit on promotion was not granted since DOP&T has issued necessary orders that provision of fixation of Pay under FR 22(a)(i)(a) existing. It was demanded that the provision of FR 22(a)(i)(a) for granting fixation of pay or promotion be implemented. OFB agreed to implement the same.
13) DISPOSAL OF DISCIPLINARY CASES OF MCM AT FACTORY LEVEL
After VI CPC those who have been granted Rs.4200/- Grade Pay they were classified as Group ‘B’. Though their appointments are given by the General Manager as appointing authority by their disciplinary cases are being dealt by OFB and disposal of their Disciplinary cases are dealt by Chariman OFB. Since the number of persons are quite large and for dealing large number of cases of OFB. Since the number of persons are quite large and for dealing large number of cases by OFB takes lot of time and delay of disposal of cases makes more time. It was demanded by INDWF, the Chairman OFB should delegate power to Sr. General Manager / General Manager as disciplinary authority to handle the disciplinary cases at Factory level.
14) Regarding the declaring results of LDCE which was held in the year 2016 are not yet released because of pending Court Case at Madras CAT. The case will be expedited however OFB has clarified that to avoid litigation in the Direct Recruitment LDCE the answer key after examination will be declared in the public domain so that the candidates can verify the right answers and if any complaint is reported that would be rectified if found genuine. This practice is followed after this exercise only the results will be declared.
15) ACCUMULATION OF EARNED LEAVE BEYOND 300 DAYS UPTO 315 FOR INDUSTRIAL EMPLOYEES AT PAR WITH NON-INDUSTRIAL EMPLOYEES AND NGO’S
It was represented by INDWF that accumulation of leave upto 300 days for Industrial Employees was agreed by Government of India and orders were issued during November 2016. Whereas the disparity in respect of leave accumulation upto 315 days after June of every year is not allowed. This may be considered to include 15 days beyond 300 between July and December. This was agreed to reconsider.
16) PAYMENT OF TIME WAGES (DOT) FOR PIECE WORKERS FOR 3 ¼ HOURS
The payment of Time wages for Piece workers between 44 ¾ and 48 hours ( 3 ¼ Hours) on Saturdays which was paid till March 2006 was stopped w.e.f. 01.04.2006. This needs to be restored justifying the reasons for payment of Time wages for Piece workers was submitted by the Staff side to JCM and was discussed. Two Sub-committees from Official side was formed, their reports are not in favour. Finance of OFB refused to recommend. Staff side jointly made a request; OFB should discuss in the Board meeting and may be forwarded to M of D despite finance refused. It was agreed by OFB to forward the proposal after duly approved in the Board meeting.
17) INCENTIVES FOR EXAMINERS
The issue of granting payment of incentive to Examiners at par with Maintenance workers i.e., 50% of the factory average who recommended by the Sub-committee of JCM III. The second part for extending to other employees is kept pending. Though the Board had agreed for granting of incentive to Examiners, OFB finance did not agree. It was demanded to refer to M of D for their approval. The same was agreed by OFB.
18) FILLING UP OF VACANCIES AGAINST COMPASSIONATE APPOINTMENT QUOTA
Ordnance Factories are not filling the 5% of vacancies in a Recruitment year. It has been informed to OFB that many factories are not filling the compassionate appointments for the last few years. The same was agreed and OFB vide their letter No.039/(6) Comp.Appt/Per/Policy Dt 29.11.2017 issued instructions to Sr.GMs/GMs directing to make all out efforts to fill up pending Compassionate appointment vacancies at the earliest.
19) TRANSFER POLICY OF GROUP ‘C’ INDUSTRIAL EMPLOYEES AND NON-INDUSTRIAL EMPLOYEES
Thousands of employees appointed in various factories through Direct Recruitment away from their hometown. They are making claims and approaching different levels politically and Trade Union/Federations. Very few are getting through but large numbers of employees are denied.
The issue was discussed in JCM III and a committee is formed from official side. The proposals submitted by Federation is under consideration on Transfer of the following methods.
– Compassionate grounds
– Transfer of the employees whose spouse is working away from them
– Mutual Transfers
– Public Transfer etc
The committee under the Chairmanship of Shri Rajveer Singh, DDG/Co-ord, OFB New Delhi office will submit the report and policy will be finalised and implemented.
20) SETTLEMENT OF TA/DA BILLS IN RESPECT OF EMPLOYEES OF OF CHANDA
Large numbers of employees including Industrial employees were deputed on deputation to carry out Official/Factory work to different places at far of places including border areas. The bills produced for stay and food were not approved after lapse of 2-3 years by local accounts for want of VAT/Registration No and made recoveries of advances with penal interest. Many are retired employers. It is requested to sanction the bills based on the 5th CPC rates without production of bills and settle the cases. PC of A (Fys) were requested to issue instructions to LAO to settle the cases which was agreed to review and settle.
21) CRITERIA FOR AFFIXING REVENUE STAMP
After creating electronically generated bills and payment made through ECS, the revenue stamp affixing was dispersed. But, whereas some factories are insisting to affix revenue stamp beyond
Rs. 25000/- and some factories are insisting beyond Rs. 5000/-. It is requested PC of A (Fys) to give the clarifications and instruction to LAOs, OFB about this issue.