One Day Strike by Income Tax Employees on 16th March, 2017

By Speed Post

F.No. B-12020/01/2017-Ad.IX 

Government of India

Ministry of Finance

Department of Revenue

(Central Board of Direct Taxes)

Room No. 458, 4th Floor, Hotel Samrat,

Chanakyapuri, New Delhi 110021

Dated: the 23th February, 2017

To

All Pr. CCIT (CCAs)

All Pr. Director General of Income Tax

Subject:-One Day Strike Notice by Central Govt. Employees on 16^th March, 2017- Regarding.

Sir,

Income Tax Employees Federation, New Delhi has intimated that they will go on One Day strike on 16^th March, 2017 in persuasion of 21 Point Charter of Demands.

2. With regards to the said notice for strike, attention is invited to the instructions issued by the DoPT, which prohibit the Government servants from participating in any form of strike including mass casual leave, go-slow etc. or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, Besides, in accordance with the proviso to Rule 17 (1) of the Fundamental Rules, Pay and allowances is not admissible to an employee for his absence form duty without any authority. The right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is grave misconduct under the conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. A copy of DoPTs 0.M. No.33011/1(s)/2014-Estt-B-(I) dated 10.02.2014 is enclosed.

3. The employees under your Charge may therefore be suitably informed of the aforesaid instruction under the Conduct Rules issued by DoPT and other regulation upheld by the Supreme Court and dissuaded from resorting to Strike in any

4. Therefore, all the controlling officers are requested that no Casual Leave or other kind of leave may be sanctioned to the officers & employees if applied for, during the period of proposed strike. It is also requested that attendance of the employees may please be carefully checked in the morning and afternoon during strike period and a report indicating details of employees, who remained absent/or took part in the strike may be sent to the Board.

Yours Faithfully,

(Sudhir Kumar)
Joint Secretary to the Government (Acirrin.)CBDT
Central Board of Direct Taxes
Tel.:-011- 23094257

File No. 33012/1(s)/2008-Estt(i3) (Pt)
Government of India
Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training
*****

Dated the 12^th September, 2008

OFFICE MEMORANDUM

Subject:- Participation In any form of strike/mass casual leave/boycott of work by Government servants – CCS(Conduct) Rules – regarding.

Yhe undersigned is directed to say that the instructions Issued by the f Personnel 84. Training prohibit the Government seryants from n any form of strike including mass casual leave, go-slow etc. or in t any farm of strike which will be in violation of Rule 7 of the CCS (Conduct) Rules, 1964. The Supreme Court has also agreed in several ‘let going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in ith law, Any employee going on strike in any form would face the consequences which, besides deduction, of wages, may also include appropriate disciplinary action.

2. A joint Consultative Machinery (JCM) for Central Government employees is already functioning. This scheme has been introduced with the object. of promoting harmonlous relations and of securing the greatest. measure of cooperation between the Government, in Its capacity as employer, and the general body of its employees in matters of common concern, and with the object, further the efficiency of the public service.

3. Therefore, apart from the fact that any form of strike/mass casual leave/boycott of work would be in violation-of the CCS(Conduct)_.Rules, going on any form of strike will also not be in the interest of the employees. Accordingly, the undersigned is directed to convey that if any employee or an association/group , under any nomenclature, indulge in any form of strike/boycott of ante of any alleged demands, or send any letter conveying of their intention to organize any such event, in terms of the provisions mentioned in pare-salary of such employees for the day/days in question shall not be e details of such employees shall have to be intimated by the concerned office where such an event took place to the Administrative Ministry/Department concerned, within 15 days of such Incident for a decision on how to treat the unauthorized absence occasioned by such an action by the his will be without prejudice to any disciplinary action that may he inst such employees. All Ministries/Departments are requesced to tents of this O.M. to the notice of all concerned offices under them.

(Suneel K. Arora)

Under Secretary to the Government of India

TIME BOUND

No. 33011/1(s)/2014-Estt-B-(I)

Government of India

Ministry of Personnel, Public & Grievances and Pensions
Department of Personnel & Training

****

Dated the 10^th February, 2014.

OFFICE MEMORANDAM

Subject : Notice for strike by the Confederation of Central Government Employees and Workers on 12^th and 13^th February, 2014

The undersigned is directed to intimate that the Confederation of Central Government Employees and Workers have given notice that the members of the affiliates of these Confederation will go on strike on 12^th and 13^th February, 2014 in pursuance of their Charter of Demands.

 2, The instructions issued by the Department of Personnel & Training prohibit the Government servants from participating in any form of strike including mass casual leave, go-slow etc. or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17 (1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. In this connection, your kind attention is also drawn to this Department’s OM No. 33012/1(s)/2008-Estt (B) (pt) dated 12^th September, 2008 (copy enclosed)

3. A Joint Consultative Machinery for Central Government employees is already functioning. This scheme has been introduced with the object of promoting harmonious relations and of securing the greatest measure of co-operation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern, and with the object, further of increasing the efficiency of the public service. The JCM at the different levels have been discussing issues brought before it for consideration and either reaching amicable settlement or referring the matter to the Board of Arbitration in relation to pay and allowances, weekly hours of work and leave, whenever no amicable settlement could be reached in relation to these items.

4. The Central Government Employees under your Ministry/Departments may, therefore, be suitably informed of the aforesaid instructions under the Conduct Rules issued by this Department and other regulations upheld by the Hon’ble Supreme Court and dissuaded from resorting to strike in any form. You may also issue instructions not to sanction Casual Leave or other kind of leave to employees if applied for, during the period of the proposed strike and ensure that the willing employees are allowed hindrance free entry into the office premises. For this purpose, Joint secretary (Admn) may be entrusted with the task of coordinating with security personnel. Suitable contingency plan may also be worked out to carry out the various functions of the Ministry/Department.

5. in case the employees go on strike, a report indicating the number of employees who took part in the proposed strike may be conveyed to this Department on the evening of the day.

(Sanjiv Shankar)

Director (E-II)