NFAEE is the one and only all India Federation of Atomic Energy Worker, recognised by Government of india/Department of Atomic Energy (DAE).

It represents the Industrial, Research & Development and Service organisations under Department of Atomic Energy.

26 Unions and associations of DAE Employees recognised under CCS (RSA) Rule are affiliated with NFAEE

Thursday, January 15, 2015


National Federation of Atomic Energy Employees
NFAEE
DEPARTMENT OF ATOMIC ENERGY
Regn.No.17/9615
Recognised by DAE vide DAE OM No. 8/1/2007 – IR&W/95 dated 13th June 2007
NFAEE OFFICE, Opp: NIYAMAK BHAVAN, Anusaktinagar, Mumbai 400 094
Web site: www.nfaeehq.blogspot.com; Email address: nfaee@yahoo.com


Ref.No: nfaee/sg/15/08                                                             15.01.2015

To 

The All Affiliates
NFAEE

Dear Comrades,

          Information has been received from the Convener, Subcommittee on MACP that the hearing on SLP on MACP in the Supreme Court gas been shifted.

          Details given below:

MACP ON PROMOTIONAL HIERARCHY

HEARING ON SLP NO. 21803/2014-UNION OF INDIA & ORS Vs M V MOHANAN NAIR- IS AGAIN SHIFTED TO 28/01/2015. 

SLPs OF BABU RAM, RETA DEVI & DHIRENDER SINGH, WHICH ARE CONNECTED WITH THE SLP OF MOHANAN NAIR, ARE NOT LISTED AS YET.

THUS THE HEARING ON THE SLP OF SHRI MOHAN NAIR MAY BE SHIFTED FURTHER.

SUPREME COURT OF INDIA

CASE STATUS                                                                 STATUS: PENDING

Status of: Special Leave Petition (Civil) 21803 OF 2014

UNION OF INDIA & ORS .Vs. M.V. MOHAN NAIR

Pet. Adv.: MR. B.V. BALRAM DAS   Res. Adv. : MR. C.K.SASI

Subject Category: MATTERS RELATING TO JUDICIARY- MATTERS PERTAINING TO EMPLOYEES OF DISTRICT COURTS AND TRIBUNALS

Listed 2 times earlier                              Likely to be Listed on : 28/01/2015

        With fraternal greetings

Comradely yours,


(Jayaraj KV)
Secretary General
Address for Correspondence: Jayaraj. KV, Secretary General, NFAEE
PESS/UED; BARC, Trombay, Mumbai 400 085
Tel. No: (O): 022 – 2559 6519; (Res): 022 – 25554179; (Mobile): 9869501189

Wednesday, January 14, 2015





National Federation of Atomic Energy Employees
NFAEE
DEPARTMENT OF ATOMIC ENERGY
Regn.No.17/9615
Recognised by DAE vide DAE OM No. 8/1/2007 – IR&W/95 dated 13th June 2007
NFAEE OFFICE, Opp: NIYAMAK BHAVAN, Anusaktinagar, Mumbai 400 094
Web site: www.nfaeehq.blogspot.com; Email address: nfaee@yahoo.com

Ref.No: nfaee/sg/15/07                                                             14.01.2015

To 

The All Affiliates
NFAEE

Dear Comrades,

        A meeting of the national JCA was held on 11th January 2015 to review the situation after the National Convention held at New Delhi on 11th December 2014.

Based on the decision in the committee Com. Shivgopal Mishra, Secretary National Council (JCM) and the Convener of National JCA wrote reminder letter to the Cabinet Secretary about the decision of National Convention held at New Delhi on 11.12.2014.

Copy of the letter written by Com. Shivgopal Mishra and the decision of the meeting is attached herewith.

The National JCA meting decided to hold March to Parliament on 28th April 2015 and before that various campaign programme, State level conventions, etc.

All the affiliates are requested to join in the programme enmass.

        With fraternal greetings

Comradely yours,



(Jayaraj KV)
Secretary General





Address for Correspondence: Jayaraj. KV, Secretary General, NFAEE
PESS/UED; BARC, Trombay, Mumbai 400 085
Tel. No: (O): 022 – 2559 6519; (Res): 022 – 25554179; (Mobile): 9869501189




Shiva Gopal Mishra
Secretary
National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees

No. NC/JCM/2015                                                                       Dated: January 11, 2015


The Cabinet Secretary,
Government of India,
Cabinet Secretariat,
Rashtrpati Bhawan Annexe,
New Delhi


Dear Sir,

          I solicit your kind attention to my letter in No.NC/JCM/2014 dated 16 th December, 2014, wherein we had conveyed the decisions taken at the National Convention of representatives of the organisations participating in the JCM. We are distressed that you have chosen not to respond to our letter till date. We have so far not received any communication from any quarter of the convening of the National Council of the JCM. No effort has also been taken by any Ministry to convene the Departmental Councils. 

We have now been given to understand that the Government has taken serious steps to set up a corporation to carry on the functions of the 41 ordnance Factories, presently functioning under the Ministry of Defence. We have also noted that the report of the Committee set up by the Government to corporatize the functions of the Postal Department. The inordinate delay in settling the demands for Interim Relief and Merger of DA is causing distress amongst the Central Government employees. The Railwaymen are particularly agitated over the decision of the Government to induct FDI to the extent of 100% in Railways, which we are aware cannot be done without privatisation of the Railways. The declaration of the Convention, which we had forwarded to you vide our letter cited had amply explained the anguish of the Central Government employees.

In order to register our opposition to the recent decision of the Government to corporatize the functions of the Ordnance factories, we have amended Item No.2 of the charter of demands. We send herewith the revised charter of demands. 

The National JCA met today and took note of the silence on the part of the Government to our pleadings. The meeting has, therefore, decided to go ahead with the agitational programmes, the first phase of which will culminate in a massive March to Parliament by Central Government employees on 28th April, 2015. If no settlement is brought about on the 10 point charter of demands, we will be constrained to go for an indefinite strike action, the date of commencement of which will be decided on 28th April, 2015.

Thanking you,

Comradely yours,


(Shiva Gopal Mishra)
Secretary (Staff Side)
NC/JCM
&
Convener
Copy to: Secretary, DoP&T – for information and necessary action please.
Copy to: Director, JCA – for information and necessary action please.
-------------------------------------------------------------------------------------------------------------------------------

NJCA
National Joint Council of Action
4, State Entry Road New Delhi–110055

No.JCA/2014                                                         Dated: January 11, 2015

Dear Comrades,

As scheduled, the meeting of the National JCA was held at the Staff Side office today, i.e. 11th January, 2015. The list of members who attended the meeting is annexed to this communication. The meeting was chaired by Com. M. Raghavaiah, General Secretary, National Federation of Indian Railwaymen. The meeting made the following observations and took the following decisions:

1 The Statement made by Shri Narendra Modi, Honourable Prime Minister of the country at Varanasi to the effect that the Railways would not be privatised was misleading and intended to create confusion in the minds of the Railwaymen, especially in the background that the proposal to induct FDI in Railways to the extent of 100% is being pursued vigorously.

2 The Government has decided to set up a Corporation to carry on the functions of the 41 ordnance factories under the Ministry of Defence.

3 Except in a few States, the steps required to be taken for form the State level Committees of the JCA have not been undertaken.

4 In order to expedite the formation of such committee in all States, the NC JCM website will carry the names and addresses of the State leaders of the participating organizations

5 The Zonal Secretaries of AIRF will be asked to ensure that such committees are formed at all State Capitals before the end of this month and the convention is held on a mutually convenient date for all but before 15th February, 2014.

6 District conventions or March to Collectorates will be organised by the Committee in all District capitals of the country.

7 The entire month of March and the first half of April will be utilised for campaigning amongst the employees at all work- spots.

8 The March to Parliament will be organised on 28th April, 2015.

9 Every effort will be taken to reach a target of 5 lakh workers to participate in the said March. Target quota for each organisation will be fixed.

10 The State Committees will advise the National Convener as to which organisations (those CGE organisations who are not presently participating in the JCM must be addressed to join the movement.

11 The State Committees after the convention will hold Press Conferences to give media publicity to the decisions taken including the decision to go on indefinite strike action.

12 The National JCA will hold a Press Conference at Delhi prior to the March to Parliament programme.

13 The Charter of demands will be amended (Item No.2) to include the following words: “and ordnance factories under the Ministry of Defence.”

14 Reminder letter will be sent to the Cabinet Secretary expressing distress over his silence and the non convening of the National Council, Anomaly Committee and Departmental Councils of the JCM.

15 The Convener reported that the 7th CPC has informed him of their intention to convene the meeting of the organisations for tendering oral evidence in the month of February, 2015.


sd/-
(Shiva Gopal Mishra)
Convener

List of Members who participated in the meeting on 11.01.2015:
Comrades Rakhal Das Gupta & Shiva Gopal Mishra (AIRF), Guman Singh & M. Raghavaiah(NFIR) S.N. Pathak & C. Srikumar(AIDEF), K.K.N. Kutty & S.K. Vyas, (Confederation) Giriraj Singh, (NFPE) Ashok Singh &, R. Srinivasan (INDWF).

National Federation of Atomic Energy Employees
NFAEE
DEPARTMENT OF ATOMIC ENERGY
Regn.No.17/9615
Recognised by DAE vide DAE OM No. 8/1/2007 – IR&W/95 dated 13th June 2007
NFAEE OFFICE, Opp: NIYAMAK BHAVAN, Anusaktinagar, Mumbai 400 094
Web site: www.nfaeehq.blogspot.com; Email address: nfaee@yahoo.com


Ref.No: nfaee/sg/15/04                                                            13.01.2015

Sub: MACP ON PROMOTAIONAL HIERARCHY

To 

The All Affiliates
NFAEE

Dear Comrades,

        The latest information about the SLPs filed by the Government of India against the lower court directive on MACP in Grade Hierarchy id given below:

HEARING ON SLP NO 21803/2014-UNION OF INDIA & ORS Vs M V MOHANAN NAIR- IS LIKELY TO BE LISTED ON 20/01/2015. 

SLPs OF BABU RAM, RETA DEVI & DHIRENDER SINGH, WHICH ARE CONNECTED WITH THE SLP OF MOHANAN NAIR, ARE NOT LISTED YET.

THUS THE HEARING ON THE SLP OF SHRI MOHAN NAIR MAY BE SHIFTED FURTHER.

SUPREME COURT OF INDIA

CASE STATUS: PENDING

Status of: Special Leave Petition (Civil) 21803 OF 2014

UNION OF INDIA & ORS. Vs. M.V. MOHAN NAIR

Pet. Adv.: MR. B.V. BALRAM DAS   Res. Adv.: MR. C.K.SASI

Subject Category: MATTERS RELATING TO JUDICIARY- MATTERS PERTAINING TO EMPLOYEES OF DISTRICT COURTS AND TRIBUNALS

Listed 2 times earlier                                                   Likely to be Listed on: 20/01/2015

We have been submitted the documents to the Advocate G. Prakash of Supreme Court to prepare our petition to intervene the said matter in Supreme Court.

Once the draft prepared a team of the NFAEE representatives will interact with the Advocate and finalise our petition for intervention and move the same in the Supreme Court in appropriate time.

This is for information to all affiliates to convey the message to those MACP affected employees came forward to become party in the intervention application.

In the meantime once again appeal to all affiliates to update their list of affected employees and if any left candidates are there in the respective units, their name may be added in the list after completing formalities such as filling the application, remitting the amount for legal fund, etc.

With fraternal greetings

Comradely yours,



(Jayaraj KV)
Secretary General
Address for Correspondence: Jayaraj. KV, Secretary General, NFAEE
PESS/UED; BARC, Trombay, Mumbai 400 085
Tel. No: (O): 022 – 2559 6519; (Res): 022 – 25554179; (Mobile): 9869501189

Monday, December 22, 2014


CAN’T RECOVER EXCESS SALARY PAID TO
CLASS III, IV STAFF
………SUPREME COURT


Recovery of excess amount paid to Class-III and Class-IV employees due to employer's mistake is not permissible in law, the Supreme Court has ruled saying that it would cause extremely harsh consequences to them who are totally dependent on their wages to run their family.

The apex court said employees of lower rung service spend their entire earning in the upkeep and welfare of their family, and if such excess payment is allowed to be recovered from them, it would cause them far more hardship, than the reciprocal gains to the employer.

A bench of JS Khehar and Arun Mishra also directed that an employer cannot recover excess amount in case of a retired employee or one who is to retire within one year and where recovery process is initiated five years after excess payment.

"We are therefore satisfied in concluding, that such recovery from employees belonging to the lower rungs (i.e., Class-III and Class-IV - sometimes denoted as Group 'C' and Group 'D') of service, should not be subjected to the ordeal of any recovery, even though they were beneficiaries of receiving higher emoluments, than were due to them. Such recovery would be iniquitous and arbitrary and therefore would also breach the mandate contained in Article 14 of the Constitution," Justice Khehar, who wrote the judgment said.

It said that the employer's right to recover has to compared, with the effect of the recovery on the concerned employee and if the effect of the recovery from the employee would be, more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, which would then make it iniquitous and arbitrary, to effect the recovery.

"In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover," the bench said.

The bench passed the order on a petition filed by Punjab government challenging Punjab and Haryana high court order restraining it to recover the excess amount paid by mistake to numerous employees over the years.

The direction was given in the Civil Appeal No. 11527 and other similar appeals of 2014 aroused out of SLP ( C) No 11684 of 2012 -  State of Punjab and others Vs Rafiq Masih and others.


It said we may, as a ready reference, summarize the following few situations, wherein recoveries by the employers, would be impermissible in law:

(i)                Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).

(ii)              Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.

(iii)            Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.

(iv)             Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

(v)               In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.

The court said a government employee is primarily dependent on his wages, and such deduction from salary should not be allowed which would make it difficult for the employee to provide for the needs of his family and any recovery must be done within five years.

In this case, the employees were given monetary benefits in excess of their entitlement due to a mistake committed by a concerned competent authority, in determining the emoluments payable to them.