ࡱ> hjg5@ Jbjbj22 "^XXB8Tp,G|_GaGaGaGaGaGaG$\IRKNGzzzGGpppzB_Gpz_GppC#G ܿ-vE(CGG0GEHK24KP#GK#G L6p*,V$GGf  Sub: Minutes of the adjourned 7th meeting of the National Council held on 25.2.2005 with the BSNL Employees Union under the chairmanship of Director (HRD), BSNL. At the outset, DDG (SR) welcomed the representatives of the Staff side and pointed out that the Agenda items that could not be discussed in the 7th National Council meeting held on 25.1.2005 shall be the agenda items for this meeting. It was also informed that in case time permits the additional items submitted by the Staff side shall also be taken up. The list of participants who attended the meeting is given in the enclosure, attached at Annex-I. 2. Responding to the welcome address of the official side, Secretary, Staff side, Sh. Namboodiri sought financial assistance for the BSNL employees in the Tsunami affected areas, particularly of the Andaman & Nicobar Islands, similar to that extended to the victims of Gujarat earthquake and Assam flood. After discussions, it was agreed that the quantum of assistance being given by the Central Government would also be extended by BSNL. 3. Thereafter, the leader of the staff side thanked the official side and the staff side both, for the progress so far made after the meeting of 25th January 2005. On the issue of implementation of Perks Committee report, the Secretary Staff Side, while seeking clarification about methodology of processing of report, suggested to delink the item of personal loan from the report for separate handling. It was informed by the Management side that since the Committee report has been received today itself, it will be first considered by the Management Committee and thereafter approval is to be given by the full Board of BSNL. As regards, delinking a particular item from the report is concerned; it will not be proper to do so in isolation. Still, the official side has got no objection in case the staff side wanted to discuss the entire committee report in the National Council. On the issue of long term advances, including personal loans, after discussions it was decided to take necessary action as per recommendations of Perks Committee. Finally, processing of the report and submission of the same before the full Board in its forthcoming meeting was agreed. Further, delinking of personal loan for consideration by the committee to be appointed for negotiating bank loans was also agreed. 4. Staff side also pointed out about the omission in the minutes of the last meeting regarding reference to DOT/DOP&T about reconsideration on reservation for grant of upgraded scales to SC/ST candidates on completion of 16/26 years of service. It was decided that the matter will be referred to DOT and if necessary it would be further referred to DOP&T for clarification. Staff Side pointed out that in the meeting held on 25.1.2005, it was agreed to review the issue, if necessary by seeking clarification from the DOPT is omitted in the minutes. The inclusion in minutes was agreed to. 5. Staff side, thereafter, again raised the issue of payment of the balance 25% bonus for the year 2002-2003 and strongly argued that the DPE guidelines for incentive payment are being wrongly interpreted by DPE, i.e. 5% of the distributable profit ceiling for incentive payment. Staff sides view was that question of 5% ceiling comes only when employees are to be rewarded over the limit of 50% of Basic pay. It was clarified from the management side that the view point of the staff side has already been communicated by BSNL to DOT and in turn by the DOT to DPE, however, DPE has categorically informed that maximum of 5% of distributable profit can be paid as PLI by a PSU under any circumstances. On the insistence of Staff side, it was agreed to refer the matter to DOT again for taking up with DPE for re-consideration of their clarification under dispute. 6. Thereafter, the agenda items were taken up for discussion and the decisions taken thereon are as follows: - 6.1 Sr. DDG (Estt) suggested that since item nos.8 to 12 of the left-over agenda items are directly or indirectly linked to the promotional aspects of these cadres, these may also be referred to the committee proposed to be constituted to look into the promotional avenues and other related issues of non-executives employees. After discussions, it was decided that issues listed below will also be referred to the committee for giving its recommendations: (i) Item no.8 - Pay Scale of Sr.TOA. (ii) Item no.9 - TTA pay scale and grant of OTBP/BCR (iii) Item no. 10 - Pay scale of Telecom Mechanic. (iv) Item no.11 - Pay scale of Drivers and Cable Jointers. (v) Item no.12 - Upgradation of pay scales of Grade IV. Item No.14 - Calculation of Casual labour/Part Time/RTP service for grant of pension. Official side stated that the Government Pension Rules cannot be changed by BSNL and Govt. instructions do not provide for counting of such period for pension purposes. Further, the persons regularized after formation of BSNL are company employees and as such, they are not governed by Pension Rules of Govt. of India. Staff side desired that the Management may take up the demand with DOT. The official side informed that it will not be proper for the BSNL management to take up any case linked with modification of statutory provisions, however, a similar matter of counting casual service was earlier under the consideration of DOPT. Staff side can be given case details for taking up issue with the appropriate authorities if they so desire. 6.3 Item No.15- Special problems of civil wing staff The Staff side stated that CPWD award should be implemented in BSNL from 1973 instead of 1.10.2000. Sr.DDG(Estt.) read out the conditions of implementing CPWD award in BSNL and informed that BSNL cannot take decision for a prior period. Further, matter is currently sub-judice. With regard to re-structuring of Draughtsman cadre, the staff side was informed that the Recruitment rules of JTOs(C/E) already provide for promotional quota to eligible Draftsmen. Staff side then raised the issue of 2nd ACP consequent to merger of Assistant and main categories. After detailed discussions, it was decided that 2nd ACP and other issues concerning civil wing including that of Draughtsman may be referred to the nominated promotions committee & if required the staff side may take representative from the Civil/Electrical wing for facilitating discussions in the committee. 6.4 Item no.16-Promotional examination The staff side pointed out that unnecessary conditions with regard to educational qualifications length of service, age etc., for being eligible for appearing in various promotional examinations are put & same are to be relaxed. It was informed from the management side that the service conditions, educational qualifications and upper age limit for appearing in various promotional examinations are prescribed keeping in view various requirements of the post. Any kind of general relaxation/removal of the prescribed conditions will not be in the interest of the BSNL. However, if for any specific reasons any relaxation is to be considered, the same can always be examined on individual case merits. Regarding amendments to the Recruitment Rules of various non-executive cadres, it was agreed that the staff side can give their cadre-wise proposal in writing for examination and decision. Item no.17-Promotion to TTA-case of Sr. TOAs Staff side pointed out that at present Sr. TOAs have to appear in a competitive examination for getting selected as TTA. Since both their feeding cadres were of similar pay scale and the restructured cadres are also of similar grade, Sr. TOA be granted option and after training be posted as TTA. The official side stated that pay scales and recruitment to any cadre are different issues and as per the recruitment rules of TTAs, there is a provision for Sr. TOAs to appear against 40% quota of LICE for appointment as TTAs. There is no justification in the demand for any change in the Recruitment Rules on the grounds of pay scales. As agreed for item 6.4, Staff side can give their suggestions with regard to TTA RRs for examination and decision. Item no.18- Restoring maximum period of OT The staff side stated that recently issued instructions on OTA are being interpreted by some SSA heads as if maximum limit has been reduced to 30 hours. The official side intimated that the maximum period of OT has not been changed, except the powers for grant of OTA beyond 30 hours and up to 70 hours have been given to Heads of Circles for field units and concerned Directors in Corporate Office. Thus, for employees performing the OTA, it is immaterial at what level approval is being accorded and which authority is vested with what powers. The official side agreed to issue a clarification on this count. 6.7 Item no. 19 & 20 - Group Insurance Scheme in lieu of CGEGIS for absorbed & Group Insurance Scheme for Directly Recruited Employees Sh. Namboodiri informed the National Council members that in a joint meeting held between representatives of BSNL management, LIC, representative union of non-executive employees (BSNLEU) & executive Associations, insurance scheme with LIC has already been finalized for non-executive & executive employees of BSNL. He mentioned that the LIC has agreed to provide the insurance cover from April 2005 onwards, and pointed out that normally the company contributes 50% of the amount towards insurance cover. Accordingly, he requested the Management to consider contributing at least 50% of amount towards insurance cover. It was agreed that issue will be examined in the light of DPE guidelines; however, all out efforts shall be made to ensure Implementation of scheme from April 2005. 6.8 Item no. 21- GPF DDG (Restg.) briefed the Staff side on the previous discussions held on this issue with the earlier recognized representative union in the National Councils. After detailed discussions the following unanimous views emerged The GPF in its current form may be continued for the absorbed employees and it should remain with Government. For the BSNL recruited employees EPF scheme may be continued till any change is felt desirable. Case will be taken up with the Government for refund of the CGEGIS amount due to the employees. 6.9 Item no. 22 VRS The Staff side while expressing its opposition to the VRS scheme, pointed out that in the National Council meeting of 25.1.2005, it was agreed to drop the item, but since a mention is missing in the draft minutes, after discussions it was agreed to withdraw the VRS item at this stage. 7. Additional items from the staff side - 7.1 BSNL No. 16-11/2002-SEA (Pt II) dated 18.05.2004 declaring Telecom Accounts stream as wasting. Staff side protested against declaring the Telecom Accounts stream as wasting cadre and impressed upon the management that it would dilute the accounting system. The staff side was informed that after formation of BSNL, in consultation with representative union a decision was taken for conversion of isolated cadres of Non-Executive category, to that of the mainstream cadres so as to ensure uniformity in career progression etc. This decision was taken after detailed & elaborate discussions in the National Council Meetings. Accordingly action was taken for conversion / restructuring the cadre of Assistant (Accounts) (formerly known as LDC (TA)) to TOA/Sr.TOA pattern and declaring the Junior Accountant / Senior Accountant in BSNL as wasting cadres. It was further intimated that Junior Accountants have also been made eligible for 10% of the JAO posts and DE branch is expected to notify 10 per cent quota the exam dates shortly. After discussions it was decided that the representatives of the staff side may separately discuss this matter with Sh. S. R. Kapoor, Sr. DDG(PF). Examination for filling up the vacant posts of JAO Part I Examination (Screening Test): Staff side conveyed that while they appreciate the decision of the Management to hold an examination as per old syllabus. But the eligibility conditions both with regard to educational qualification and length of service have been changed to a higher side from 3 years to 5 years and metric (Standard X) to 10+2. Since this is the last examination and huge numbers of JAOs posts are available, the staff side wanted to continue with the earlier eligibility conditions so that maximum of staff will be eligible to appear in the test. It was also demanded that the eligibility age should be increased to 55 years in the ensuing Part-I examination The staff side was informed that JAO in BSNL is an executive cadre in the pay scale of Rs.9850-14600/-. The qualification for DR JAO is CA/ICWAI/ACS/M.Com, whereas for internal candidate, the qualification has already been relaxed and kept as Graduate with 10 years of experience. As per the request of unions, one time relaxation in educational qualification (10+2 in place of Graduate) and experience (5 years in place of 10 years) has already been agreed and granted by BSNL Management. Further, keeping in view the demands of the unions, it has also been agreed that as one time relaxation the forthcoming exam will be held based on old syllabus. For consideration of these relaxations, the screening test (Part-I exam) has already been postponed thrice in past and now it is scheduled on 29.5.2005. Consideration of any further relaxation will not be proper. (ii) Part II Examination: Staff side contended that for long part II examination has not been held and it is being told that Part-II examination will be held after Part-I examination, but it is unfortunate that for one reason or other Part-I examination is being delayed beyond all expectations. The staff side was informed that Part-II examination will be held after screening test (Part -I) which is scheduled to be held on 29.05.2005 (iii) Filling up of 10% JAO posts by Senior Accountants through Screening test: Staff side stated that as per RRs of JAOs framed by the BSNL, 10% of the vacant posts are earmarked for Senior Accountants to be filled through internal competitive examination. Even after the lapse of almost three years after framing of RRs, no test has been held. Staff side was informed that for filling up of 10% of the JAO vacant posts, the DE branch will be shortly notifying the date. 7.3 Denial of parity with Assistants of CSS to Senior Accountants in the fixation of pay in the IDA scale of Rs.7830-12430 w.e.f. 1.10.2000 and Rs.9850-14600 w.e.f. 02.01.2003. The staff side contended that as a part of organized Accounts cadre, Senior Accountants are entitled to get the benefit of Ministry of Finance (Department of Expenditure) OM No.6/822-E III(B)/91 dated 28.02.2003, but when DOT replaced CDA pay scale of Rs.5000-9000/- into IDA pay scale of Rs.7830-12,430, same has not been given to Senior Accountants by BSNL w.e.f.1.10.2000. The staff side demanded implementation of the same. The staff side was informed that, Assistants of CSS cadre are Group 'B' Non-Gazetted officer in DOT and executive in BSNL. Being an executive cadre in BSNL, Assistants were given IDA pay scale of Rs.9850-14600. Senior Accountants, being a Group C cadre in DOT & non-executive in BSNL, have been given the IDA pay scale of Rs.7800-225-11175/- corresponding CDA pay scale of Rs.5500-9000. Hence the scale applicable to the Executives cannot be extended to the non-executives. 7.4 Appointment of External candidates (on deputation from other Central Government Departments) in BSNL-regarding. The staff side stated that BSNL Corporate Office has issued an offer of appointment to the external candidates, who are on deputation from other departments as JAO, on completion of 3 weeks pre-induction training. While no action is being taken for filling up vacant 10% posts of JAOs earmarked for Senior Accountants, this abrupt appointment of outsiders will deprive the Telecom employees in general and Senior Accountants in particular from their career progression and normal channel of promotion. Staff side further mentioned that absorption of external candidates at this stage will affect the seniority of Senior Accountants and others and stated that their absorption should be withheld till 10% posts earmarked for Senior Accountants are filled up. The staff side was informed that the offer of appointment to External candidates (deputationists) i.e. postal employees is done against DR-quota and not against internal quota (either 40% or 10% quota) and is in no way going to affect promotional avenues of other Telecom Employees or Senior Accountants. It was also informed that this was a long pending case for which exams were held way back in December 2000. At the request of the staff side it was agreed that to make the things clear, if required, the representatives of the union can meet with Sr.DDG(PF) Sh. S.R.Kapoor on the issues referred under para 7.2 to 7.4 above. 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