Bombay High Court Judgement dated 15-10-2018 on MACPs
ORDER
(a) The impugned judgment and order dated 16th April, 2013 made by the CAT is hereby set aside.
(b) The petitioner is held entitled to receive the benefit of MACP with effect from 1st January, 2006 together with all consequential benefits.
(c) The respondents are directed to work out the benefits of MACP with effect from 1st January, 2006 together with consequential benefits and to pay the same to the petitioner as expeditiously as possible and in any case within a period of three months from today.
(d) If, such benefits/consequential benefits are not paid to the petitioner within three months from today, then the respondents will liable to pay interest thereon @ 6% p.a. from the date such payments became due and payable, till the date of actual payment.
(e) Rule is made absolute in the aforesaid terms. There shall however be no order as to costs.
Wage Talks with IBA – One More Mere Routine Exercise
ALL INDIA BANK OFFICERS’ ASSOCIATION
Circular No.22/VII/2018
October 14, 2018
TO
ALL AFFILIATED UNITS / STATE COMMITTEES
Comrades,
WAGE TALKS WITH IBA – ONE MORE MERE ROUTINE EXERCISE.
IBA has invited the nine organizations for a meeting at Mumbai on 12th October 2018 at 12.00 noon.
2. Preceding the meeting with IBA, on 11/10/2018, four officers’ organizations met at INBOC office at 4.45pm, to decide the collective and consensus approach of the organizations on IBA’s proposal of introduction of variable pay in one form or other in the present discussion itself. Amongst us, it has been decided to prioritize the issues: 1. Fractured Mandate; 2. Merger of Banks; 3.Expeditious conclusion of wage talks and 4.Focus on core banking activities and stop misselling of third party products. There are other issues like up-dation of pension, Family Pension and Recruitment of adequate workforce in the Industry. AIBOA was represented by Com.V.Ramabhadran, Convenor, Wage Committee, Com.V.Viswanathan President, AIBOA (MSC), along with the undersigned.
3. The representatives of the nine constituents met in the IBA office as per the requirements of the situation by preponing the meeting scheduled to be held on 14th at Mumbai to 12th at 09.30 hrs, at IBA office. AIBOA was represented by Com.Narendra Kotiawala, DGS, Com.V.Ramabhadran, Secretary, AIBOA along with the undersigned. The meeting commenced a bit late but the decision was unanimous on rejecting the proposal of the IBA on introduction of fixed and variable pay as part of current wage talks. On Merger of three banks, the discussions were inconclusive, as the time scheduled for discussion was at 12.00 hrs.
4. The IBA team was led by Shri. G.Rajkiran Rai, MD&CEO Union Bank of India, Shri.Prashant Kumar, CFO, SBI, Shri.V.G.Kannan CEO IBA, Shri.B.Raj Kumar Dy.CEO IBA, Shri.S.K.Kakkar Sr.Advisor HR&IR IBA, Shri.K.S.Chauhan and other officials of the HR Department participated in the exercise. Shri. R.K. Takkar Chairman Negotiating Team IBA, MD & CEO UCO Bank, and Shri Shyam Srinivasan MD&CEO Federal Bank were on Video Conference mode. The nine unions’ representatives were present in the discussions.
5. In the 90 minutes exchange of expressions between both parties came to an end with the following candid collective and consensus conclusions from 9 unions side to the IBA stand.
IBA’s earlier offer of 6% on Pay slip Components made on 30th JULY 2018 should be enhanced substantially.
Introduction of linkage of Pay with Return on Assets[ROA] and also on Operating Profit has been rejected in toto.
The managements of SBI,BOB,PNB, UNION BANK AND INDIAN BANK should be prevailed upon by IBA as per the advice of CLC to revise their stand to cover all seven scales, as in the past.
6. It has been also made clear that there is every possibility of entering into confrontation mode because of the rigid approach of the IBA.
7. In the post lunch session, the adjourned meeting of the nine constituent unions commenced to transact the remaining issues for arriving at a decision. The representatives of INBOC and NCBE too expressed their organizational stand on merger of Banks. At the end, it was decided to escalate the resistance level in a gradual and sustained manner by the unions culminating in two days strike in the winter session of the Parliament.
8. In our assessment, struggles are the only available avenue to move forward to secure a reasonable wage hike, as the workforce collectively worked to give a substantial gross profit in the year ended 2017 and 2018.
ONWARD MARCH TO STRUGGLES AGAINST THE MERGERS ,
FRACTURED MANDATE AND
RESPECTABLE WAGE REVISION
LINKING TO RISK, RESPONSIBILITY,
ACCOUNTABILITY AND TRANSFERABILITY.
The undersigned Is directed to convey the approval of the Competent Authority on recommendations of One-Man Committee on Issue of Identity Cards to the Gramin Dak Sevaks, GDS.
2. Keeping in view the above, it has been decided to Issue consolidated instructions in suppression of all earlier OMs on the subject of Issue of Identity cards to the Gramin Dak Sevaks as under :-
(i) Identity cards will be issued free of cost to all Gramin Dak Sevaks, who are engaged after due engagement formalities as prescribed In GDS Engagement Rules, as per attached format .
(ii) The size of the Identity card will be standard size as issued by the Department / Government.
(iii) The Divisional Head will be the competent authority for Issuing of identity cards.
(iv) An application will be submitted to the Divisional Head on a simple paper along with two passport size photographs for the purpose of issue of Identity cards by the Branch Postmasters / Assistant Branch Postmasters / Dak Sevaks through/duly recommended by Sub Divisional Heads. In case of Dak Sevaks serving in the Head post Offices/MDG the application will be submitted through/duly recommended by the Sr. Postmaster/Postmaster respectively.
(v) A separate register Is to be maintained at Divisional Office for issue cards to GDSs. Records for returned identity cards invariably be maintained at Divisonal Office and these returned identity cards will be destroyed in due course under the supervision of Divisional Head.
(vi) A duplicate card can be issued to GDSs. If the card is lost / stolen / invisIble due to carelessness of GDSs by taking a fee of Rs. 50/-
(vii) At the time of Promotion / Discharge / Removal / Dismiss / Death / Transfer (to another Sub Division / Division) of GDSs, card will be resumed / surrendered.
(viii) While issuing of identity cards to the GDS, the unique employee Identity numbers assigned in CSI will mandatorily be mentioned on the identity cards.
(ix) No Identity card shall be issued to substitute engaged on leave vacancy.
3. These above Instructions will come into effect from the date of issue of this O.M.
4. Hindi version will follow.
(S.B. Vyavahare)
Assistant Director General (GDS/PCC)
Dearness Relief to Haryana Government Pensioners from 01.07.2018
No. 4/1/2018-2FR/28995
GOVERNMENT OF HARYANA
FINANCE DEPARTMENT
Dated, Chandigarh the, 15th October, 2018
To
1. All the Heads of Departments.
2. The Commissioners of Divisions in Haryana.
3. All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana.
4. The Registrar General, Punjab & Haryana High Court, Chandigarh.
Subject:- Grant of Dearness Relief to State Government Pensioners/Family Pensioners on Revised Rate w.e.f. 01.07.2018.
Sir/Madam,
I am directed to refer to Finance Department letter No 4/1/2017 -2FR/10051 dated 27th June, 2018 on the subject noted above and to say that the Governor of Haryana is pleased to revise the Dearness Relief to the Pensioners/Family Pensioners of the Haryana Government on the revised Pension/Family Pension with effect from 1st July, 2018 in the following manner:
Date from which payable Rate of Dearness Relief on revised Pension/Family Pension
01.07.2018 7% to 9% of Pension/Family Pension
2. All other conditions for payment of Dearness Relief to Pensioners/Family Pensioners on revised Pension/Family Pension contained in FD’s instructions No. 2/23/2016 -1 pension dated 3rd March, 2017 shall be applicable.
3. A copy of these orders is also available on the website which can be downloaded from the site www.finhry.gov.in.
Yours faithfully,
(Manjit Kaur)
Under Secretary Finance
for Additional Chief Secretary to Government Haryana,
Finance Department
Productivity Linked Bonus for EPFO Employees for 2017-18
Employees’ Provident Fund Organisation
(Ministry of Labour & Employment, Govt. of India)
Bhavishya Nidhi Bhawan, 14-Bhikaiji Cama Place, New Delhi-110066
No. WSU/25(1)/2017-18/PLB/13218
Date: 15.10.2018
To
All Addl. CPFC (HQ/Zones),
Addl. CPFC (ASD), Head Office
Director (PDUNASS) and
All Regional P.F. Commissioners-Incharge of
Regional Offices.
Sub: Declaration of Productivity Linked Bonus (P.L.B.) for the employees of the EPFO for the year 2017-2018.
Madam/Sir,
The Central Government has conveyed its approval to the existing Productivity Linked Bonus Scheme for the year 2017-2018 for the employees of EPFO vide MoL&E letter No A-26022/1/94-SS.1 (Pt) dated 12th October, 2018.
2. Accordingly, the competent authority is pleased to convey the approval for payment of the Productivity Linked Bonus for the year 2917-2018 for 60 (Sixty) days in all the offices of EPFO. The bonus of 60 days has been assessed on the basis of data/information submitted by the Zonal Offices in compliance to Head Office letter dated 25.09.2018. The payment of bonus is to be released to all Group ‘C’ and Group ‘B’ (Non-Gazetted) employees of EPFO.
3. The terms and conditions governing payment of P.L.B. will be as per the instructions issued by the Ministry of Finance O.M. No. 7/24/2007/E.III(A) dated 08.10.2018 for payment of the bonus to the employees in Central Government departments from time to time. However, the quantum of bonus may be assessed as per the following formula, as given in above letter:-
= (AVERAGE EMOLUMENTS) x (NUMBER OF DAYS OF BONUS) 30.4*
(* Average number of days in a month)
4. The expenditure incurred for payment of bonus may be debited from the budget head- “Productivity Linked Bonus.”
(This issues with the approval of Central P.F. Commissioner).
Submission of Digital Life Certificate by Disabled and aged (80 years and above) pensioners in the cities of Mumbai / Ambarnath, Chandigarh , Mysore, Vadodara, Dehradun, Bangaluru and Trivandrum.
The Department of Pension and Pensioners’ Welfare has decided to facilitate the disabled and aged pensioners (80 years and above) of Central Government for submission of their Annual Life Certificate in digital mode through Jeevan Praman from the comfort of their homes. For this purpose the following Pensioners’ Associations in cities of Mumbai/Ambarnath , Chandigarh Mysore, Vadodara, Dehradun, Bangaluru and Trivandrum can be contacted. The contact detail of these Pensioners’ Associations are as follows:
Productivity Linked Bonus to Civilian Employees of Defence Production Establishments for 2017-18
No.10(1)/2018-D(Estt/NG)
Government of India,
Ministry of Defence,
(Deptt. of Defence Production)
New Delhi
Dated: the 15th Oct, 2018.
To
The Chairman.
Ordnance Factory Board,
10A, S, K. Bose Road,
Kolkata-700001.
The Controller General of Defence Accounts, New Delhi
The Director General of Quality Assurance, New Delhi
The Director General of Aeronautical Quality Assurance,New Delhi
Subject: Payment of Productivity Linked Bonus to Civilian Employees of Defence Production Establishments for the year 2017-18.
Madam Sir,
I am directed to refer to this Ministry’s letter No.48(4)/98/D(B&C) dated 27th July, 2000 on the above subject and to convey the sanction of the President to payment of Productivity Linked Bonus for the year 2017-18 equivalent to 40 days wages to the eligible employees in Defence Production Establishments as mentioned therein with an overall ceiling of wages of Rs.7000/- per month. PLB is to be calculated taking average number of days per month as 30.4 days.
02. The casual labour who has worked for at least 240 days, in each year, for 03 years or more, will be eligible for this PLB payment. The amount will be paid on a notional monthly wages or Rs.1200/-. In case where the actual emoluments fall below Rs.1200/- per month, the amount will be calculated on actual monthly emoluments. All payments under these orders will be rounded off to the nearest rupee.
03.The above sanction is subject to the following condition:-
(a) OFB will submit a monthly status report on the progress achieved to review the formula for calculation of PLB which otherwise would have been reviewed after three years from implementation ie from the accounting year 1999-2000.
(b) GMs of each of the respective factories should submit the Certificate regarding standard man-hour for jobs whenever there is a change in production processes or when new labour saving machines are introduced, incorporating the following details :-
(i) Standard Man Hours before the installation of CNC Machines.
(ii) Standard Man Hours after the installation of CNC Machines.
(iii) Difference between the above two leading to savings in Standard Man Hours.
In the event of more than one CNC Machine being installed on two different occasions each time figures are to be updated for additional subsequent addition of CNC Machine.
04. The expenditure will be debited to Major Head 2079 of the Defence Service Estimates (Ordnance Factories) and to the respective Heads to which the pay and allowances of employees of allied establishment: are debited.
05. This issues with the concurrence of Ministry of Finance and MoD (Finance Division) vide their Dy. No. 361 dated 15.10.2018.
(Sanjay Rawat)
Under Secretary to the Govt of India
Provident Fund – General Provident Fund (Tamil Nadu) – Rate of interest for the financial year 2018-2019 – With effect from 1.10.2018 to 31.12.2018 – Orders – Issued.
2. From the Government of India, Ministry of Finance, Department of Economic Affairs (Budget Division), New Delhi Resolution F.No.5(1)-B(PD)/2018, dated 4.10.2018
ORDER:
In the Government Order read above, orders were issued fixing interest for the accumulation at the credit of the subscribers to the General Provident Fund (Tamil Nadu) at 7.6% for the period from 1st July, 2018 to 30th September, 2018.
2. The Government of India, in its resolution second read above, announced that during the year 2018-2019 accumulations at the credit of subscribers to the General Provident Fund and other similar funds shall carry interest at the rate of 8% (Eight percent) with effect from 1st October, 2018 to 31st December, 2018.
3. The Government now direct that the rate of interest on the accumulation at the credit of the subscribers to the General Provident Fund (Tamil Nadu) shall carry interest at the rate of 8% (Eight percent) with effect from 1st October, 2018 to 31st December,2018. This rate will be in force with effect from 1st October, 2018.
4. The rate of interest on belated final payment of Provident Fund accumulations remaining unpaid for more than three months of its becoming payable shall be at the same rates as ordered in para-3 above.
(BY ORDER OF THE GOVERNOR)
K.SHANMUGAM
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
F.No.26-1/2018-PAP
Government of India
Ministry of Communications
Department of Posts
(Establishment Division)
P.A.P Section
Dak Bhawan, Sansad Marg
New Delhi – 110 001
Dated: 15th October, 2018
To
1. All Chief Postmasters General
2. All Postmasters General
3. Sr. Deputy Director General (PAF), Department of Posts
4. All General Managers (Finance)
5. Directors/Deputy Directors of Accounts (Postal)
6. Director, RAKNPA/Directors of All PTCs
Sub: Productivity Linked Bonus for the Accounting Year 2017-18
The undersigned is directed to convey the sanction of the President of India to the payment of Productivity Linked Bonus for the Accounting year 2017-18 equivalent of emoluments of 60 (sixty) days to the employees of Department of Posts in MTS/Group ‘C’ and non-gazetted Group ‘B’. Ex-gratia payment of Bonus to Gramin Dak Sevaks who are regularly appointed after observing all appointment formalities and Ad-hoc payment of bonus to casual laborers who have been conferred Temporary status are also to be paid equivalent to allowance/wages respectively for 60 (sixty) Days for the same period.
1.1 The Calculation for the purpose of payment of bonus under each category will be done as indicated below:
2. REGULAR EMPLOYEES:
2.1 Productivity Linked Bonus will be calculated on the basis of the following formula:
Average emoluments X Number of days of bonus 30.4 (average no. of days in a month)
2.2 The terms “emoluments” for regular Departmental Employees includes Basic pay in the pay Band plus Grade pay Dearness Pay personal pay special pay (Allowance) S.B allowance, Deputation (Duty) Allowance, Dearness Allowance and Training Allowance to Faculty Members in Training Institutes. In case of drawal of salary exceeding Rs.7000/- (Rupees Seven Thousand Only) in any month during the accounting year 2017-18 the emoluments shall be restricted to Rs.7000/- (Rupees Seven Thousand Only) per month only
2.3 “Average Emoluments” for a regular employee is arrived at by dividing by twelve. the total salary drawn during the year 2017-18 for the period from 1.4.2017 to 31.03.2018 by restricting each months salary to Rs.7000/- per month However for the periods of EOL and Dies Non in a given month. proportionate deduction is required to be made from the ceiling limit of Rs.7000/-
2.4 In case of those employees who were under suspension or on whom dies-non was imposed or both during the accounting year the clarification orders issued vide paras 1 & 3 respectively of this officer order No.26-8/80-PAP (Pt.I) dated 11.6.1981 and No.26-4/87-PAP(Pt.II) dated 8.2.1988 will apply.
2.5 Those employees who have resigned/retired or left services or proceeded on deputation within the Department of posts or those who have proceeded on deputation outside the Department of Posts after 31.03.2018 will also be entitled to bonus. In case of all such employees, the Productivity Linked Bonus admissible will be as per provisions of Paras 2.1 to 2.3 above
3. GRAMIN DAK SEVAKS (GDS)
3.1 In respect of GDS employees who were on duty throughout the year during 2017-18 Average monthly Time related continuity allowance will be calculated taking into account the Time Related continuity Allowance (TRCA) plus Corresponding Dearness Allowance drawn by them for the period from 1.4.2017 to 31.3.2018 divided by 12. However where the Time Related continuity Allowance exceeds Rs.7000/- in any month during this period the allowance will be restricted to Rs.7000/- per month. Ex-gratia payment of bonus may be calculated by applying the bonus formula as mentioned below:
Average TRCA X Number of days of bonus 30.4 (average no. of days in a month)
3.2 The allowance drawn by a substitute will not be counted towards bonus calculation for either the substitutes or the incumbent GDSs. In respect of those GDS who were appointed in short term vacancies in Postmen/MTS cadre, the clarification orders issued vide directorate letter No.26-6/89-PAP dated 6.2.1990 and No.26-7/90-PAP dated 4.7.1991 will apply.
3.3 If a GDS has been on duty for a part of the year by way of a fresh appointment. or for having been put off duty or for having left service. He will be paid proportionate ex-gratia bonus calculated by applying the procedure prescribed in para 3.1 above.
3.4 Those Gramin Dak Sevaks who have resigned discharged or left service after 01.04.2018 will also be entitled to proportionate ex-gratia Bonus in case of all such Gramin Dak Sevaks. the ex-gratia Bonus admissible will be as per provisions of para 3.1 above.
3.5 In case of those Gramin Dak Sevaks who were under put off or on whom dies-non was imposed or both during the accounting year the clarificatory orders issued vide paras 1 & 3 respectively of this office order No.26-08/80-PAP (Pt-I) dated 11.6.1981 and No.26-04/87-PAP(P.II) dated 8.2.1988 will apply.
4. FULL TIME CASUAL LABOURERS INCLUDING TEMPORARY STATUS CASUAL LABOURERS
4.1 Full Time Casual Laborers (including Temporary Status Casual Laborers who have worked for 8 hours a day for at least 240 days in a year for three consecutive years or more (206 days in each year for three years or more in case of offices observing 5 days a week) as on (31.03.2018) will be paid ad-hoc bonus on notional monthly wages of Rs.1200/- (Rupees Twelve hundred only) The maximum ad-hoc bonus will be calculated as below:
( Notional monthly wages of Rs.1200) x (Number of days of bonus) 30.4 (average no. of days in a month)
Accordingly, the rate of bonus per day will be worked out as indicated below
Maximum ad-hoc bonus for the year 365
The above rate of bonus per day may be applied to the number of days for which the services of such casual laborers had been utilized during the period from 1.4.2017-31.03.2018. In cases where the actual wages in any month fall below Rs.1200/- during the period 1.4.2017 to 31.3.2018. the actual monthly wages drawn should be taken into account to arrive at the actual ad-hoc bonus due in such cases.
5. The amount of Productivity Linked Bonus / ex-gratia payment / Ad-hoc bonus payable under this order will be rounded off to the nearest rupee. The payment of Productivity Linked Bonus as well as the ex-gratia payment and ad-hoc payment will be chargeable to the head “Salaries” under the relevant Sub-Head of account to which pay and allowances of the staff are debited. The payment will be met from the sanctioned grant for the year 2018-19
6. After payment, the total expenditure incurred and the number of employees paid may be ascertained from all the units by Circles and consolidated figures be intimated to the Budget Section of the Department of Posts. The Budget section will furnish consolidated information to PAP section about the total amount of bonus paid and the total number employees (category-wise) to whom it was disbursed for the Department as a whole.
7. This has the approval of Hon’ble Finance Ministry vide Ministry of Finance Department of Expenditure’s ID No. 942259/E III(A)2018 dated 12.10.2018 and issue with the concurrence of AS & FA vide Diary No.100/FA-2018/CS dated 15.10.2018.
