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TRADE UNIONS
41.1
Trade Unions are voluntary organization of Workers as well as Employers
Trade Unions are voluntary organization of Workers as well as Employers
formed to protect and promote the interest of their members. They are the most suitable organizations for balancing and improving the relations between the employer and the employees. Trade Unions have made headway due to rapid industrial development. The workers come together to maintain and improve their bargaining power on wages and working conditions. The first organized Trade Union in India named as the Madras Labour Union was formed in the year 1918. From the beginning itself, Trade Unions were not confined to workers alone. From 19thCentury itself there were Employer’s associations in the form of Chamber of Commerce, Industrial Associations etc. to protect and promote the interests of their members in a concerted manner. After independence, expansion of industrial activity and grouping worker’s Trade Unions acted as a spur for strengthening and expansion of employers’ organization
41.2
In industrially advanced countries, trade unionism has made a great impact on
In industrially advanced countries, trade unionism has made a great impact on
the social, political and economic life. India, being an agricultural country, trade unionism is restricted to industrial areas and it is still in a stage of growth. The earliest known trade unions in India were the Bombay Millhand's Association formed in 1890, the Amalgamated Society of railway servants of India and Burma formed in 1897, Printers' Union formed in Calcutta in 1905, the Bombay Postal Union which was formed in 1907, the Kamgar Hitwardhak Sabha Bombay formed in 1910.
41.3
Trade Union movement began in India after the end of First World War. After a decade following the end of First World War the pressing need for the coordination of the activities of the individual unions was recognized. Thus, the All India Trade Union Congress was formed in 1920 on a National Basis, the Central Labour Board,Bombay and the Bengal Trades Union Federation was formed in 1922. The All India Railwaymens' Federation was formed in the same year and this was followed by the creation of both Provincial and Central federations of unions of postal and telegraph employees.
Trade Union movement began in India after the end of First World War. After a decade following the end of First World War the pressing need for the coordination of the activities of the individual unions was recognized. Thus, the All India Trade Union Congress was formed in 1920 on a National Basis, the Central Labour Board,Bombay and the Bengal Trades Union Federation was formed in 1922. The All India Railwaymens' Federation was formed in the same year and this was followed by the creation of both Provincial and Central federations of unions of postal and telegraph employees.
41.4
The origin of the passing of a Trade Unions Act in India was the historic
The origin of the passing of a Trade Unions Act in India was the historic
Buckingham Mill case of 1940 in which the Madras High Court granted an interim injunction against the Strike Committee of the Madras Labour Union forbidding them to induce certain workers to break their contracts of employment by refusing to return to work. Trade Union leaders found that they were liable to prosecution and imprisonment for bona fide union activities and it was felt that some legislation for the protection of trade union was necessary. In March, 1921, Shri N. M. Joshi, then General Secretary of the All India Trade Union Congress, successfully moved a resolution in the Central Legislative Assembly recommending that Government should introduce legislation for the registration and protection of trade unions.Opposition from employers to the adoption of such a measure was, however, so great that it was not untill 1926 that the Indian Trade Unions Act was passed.
41.5
Indian Trade Unions Bill, 1925 having been passed by the Legislature received its assent on 25th March, 1926. It came into force on 1st June, 1927 as the Indian Trade Unions Act, 1926 (16 of 1926). By section 3 of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964) the word "Indian" has been omitted and now it is known as THE TRADE UNIONS ACT, 1926 (16 of 1926).
Indian Trade Unions Bill, 1925 having been passed by the Legislature received its assent on 25th March, 1926. It came into force on 1st June, 1927 as the Indian Trade Unions Act, 1926 (16 of 1926). By section 3 of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964) the word "Indian" has been omitted and now it is known as THE TRADE UNIONS ACT, 1926 (16 of 1926).
41.6
This act summarizes all modalities pertaining to registration of trade
This act summarizes all modalities pertaining to registration of trade
union to decision of trade related disputes. This act sets guidelines for
both the workers and the industrialists. The Act deals with the registration
of trade unions, their rights, their liabilities and responsibilities as well as
ensures that their funds are utilized properly. It gives legal and corporate
status to the registered trade unions. It also seeks to protect them from
civil or criminal prosecution so that they could carry on their legitimate
activities for the benefit of the working class. The Act is applicable not
only to the union of workers but also to the association of employers. It
extends to whole of India. Also, certain Acts, namely, the Societies
Registration Act, 1860; the Co-operative Societies Act, 1912; and the
Companies Act, 1956 shall not apply to any registered trade union, and
that the registration of any such trade union under any such Act shall be
void. The main provisions made in this Act are as under:
41.7
Trade Union: Trade Union means any combination, whether
Trade Union: Trade Union means any combination, whether
temporary or permanent, formed primarily for the purpose of regulating
the relations between workmen and employers or between workmen and
workmen or between employers and employers, or for imposing
restrictive conditions on the conduct of any trade or business, and
includes any federation of two or more trade unions.
41.8
Registration of Trade Union: The Act provides for the registration
Registration of Trade Union: The Act provides for the registration
of the trade unions with the 'Registrars of Trade Unions' set up in different
States. For registration of a trade union, seven or more members of the
union can submit their application in the prescribed form to the Registrar
of trade unions. The application shall be accompanied by a copy of the
'rules of the trade union' and a statement giving the following
particulars:- (i) Names, occupations and addresses of the members
making the application; (ii)The name of the trade union and the address
of its head office; (iii) The titles, names, ages, addresses and occupations
of the office bearers of the trade union as per the format given in the Act.
The Registrar, on being satisfied that the Union has complied with all the
requirements of this Act, registers the trade union.
41.9
Registration Certificate: On receipt of the application for
Registration Certificate: On receipt of the application for
registration, the Registrar issues a certificate of registration in the
prescribed form as a conclusive evidence of registration of that trade
Union.
41.10
Cancellation of Registration: A certificate of Registration may
Cancellation of Registration: A certificate of Registration may
be withdrawn or cancelled by the Registrar either after an application of a
Trade Union or if the Registrar is satisfied that the certificate is obtained
by fraud of mistake or that the trade union had ceased to exist or willfully
and after notice from the Registrar contra-vent any provisions of the Act or
rules etc.
41.11
Annual Statutory Returns: The registered trade unions
Annual Statutory Returns: The registered trade unions
(workers & employers) are required to submit annual statutory returns to
the Registrar regarding their membership, general funds, sources of
income and items of expenditure and details of their assets and liabilities,
which in turn submits a consolidated return of their state in the prescribed
proforma to Labour Bureau, Ministry of Labour and Employment. The
Labour Bureau on receiving the annual returns from different
States/Union Territories consolidates the all India statistics and
disseminates them through its publication entitled the 'Trade Unions in
India' and its other regular publications. Every trade union shall send
annual returns to the Registrar in triplicate on or before the 1st day of
June of the year succeeding the calendar year.
41.12
Uses of Funds: The general funds of a registered trade union
Uses of Funds: The general funds of a registered trade union
shall not be spent on any other objects than those specified in the Act.
Also, a registered trade union may constitute a separate fund, from
contributions separately levied for or made to that fund, for the promotion
of the civic and political interest of its members. No member shall be
compelled to contribute to such fund and a member who does not
contribute to the said fund shall not be excluded from any benefits of the
trade union.
41.13
Maintenance of Accounts: The account books of a registered
Maintenance of Accounts: The account books of a registered
trade union and the list of members thereof shall be open to inspection by
an office-bearer or member of the trade union at such times as may be
provided for in the rules of trade union.
41.14
Disqualification: A person shall be disqualified for being chosen
Disqualification: A person shall be disqualified for being chosen
as, and for being a member of, the executive or any other office-bearer or
registered trade union if- (i) he has not attained the age of eighteen
years; (ii) he has been convicted by a court in India of any offense
involving moral turpitude and sentenced to imprisonment, unless a period
of five years has elapsed since his release.
41.15
The Trade Unions Act 1926 has been amended from time to time
The Trade Unions Act 1926 has been amended from time to time
and the most important being the Trade Unions (Amendment) Act, 2001.
This Act has been enacted in order to bring more transparency and to
provide greater support to trade unionism in India. Some of the salient
features of the Trade Unions (Amendment) Act, 2001 are:-
• No trade union of workmen shall be registered unless at least 10% or
100, whichever is less, subject to a minimum of 7 workmen engaged or
employed in the establishment or industry with which it is connected are
the members of such trade union on the date of making of application
for registration.
• A registered trade union of workmen shall at all times continue to have
not less than 10% or 100 of the workmen, whichever is less, subject to
a minimum of 7 persons engaged or employed in the establishment or
industry with which it is connected, as its members.
• A provision for filing an appeal before the Industrial Tribunal / Labour
Court in case of non-registration or for restoration of registration has
been provided.
• All office bearers of a registered trade union, except not more than one-third
of the total number of office bearers or five, whichever is less, shall
be persons actually engaged or employed in the establishment or
industry with which the trade union is connected.
• Minimum rate of subscription by members of the trade union is fixed at
Rs 1 per annum for rural workers, three rupees per annum for workers
in other unorganized sectors and Rs 12 rupees per annum in all other
cases.
• The employees who have been retired or have been retrenched shall not
be construed as outsiders for the purpose of holding an office in the
trade union concerned.
• For the promotion of civic and political interest of its members, unions
are authorized to set up separate political funds.
Growth of Trade Union( Workers & Employers Combined )
41.16
Latest available information for trade unions pertains to year 2008.
Latest available information for trade unions pertains to year 2008.
As per the information available , number of registered trade unions have
increased by about 31% in the ten years duration i.e. 1999-2008 to
84,642 registered unions. However compared to 2008 the number
declined by about 12 per cent and the average membership per union
declined from 1063 in 2007 to 986 in 2008. Out of the registered trade
unions , only 9709 unions( 11.47 per cent ) have submitted returns
during 2008 and amongst the States/UT’s, the information has been
furnished only by 13 states/UT’s . On the basis of available information ,
Tamil Nadu accounted for the largest number of registered trade unions
(8,793) followed by Rajasthan (4,593). Out of the total of 27,137
registered unions in the 13 states , as many as 27,063 unions (99.73
percent) were Workers Unions and remaining 74 (0.27 percent) were
Employer Unions.Workers Union :
41.17
Out of 27,063 Workers Unions, 88.76 percent were State Unions
Out of 27,063 Workers Unions, 88.76 percent were State Unions
and remaining 11.24 percent were Central Unions. State Unions are
those unions, whose activities/objectives are confined to the boundaries
of the State, while Central Unions have activities/objectives beyond a
State boundary. During 2008, out of 27,063 registered workers unions,
only 9702 unions (35.85 percent) had submitted the returns. The
average membership per workers unions was 986 only.Industrial Activity Wise Distribution of Workers Unions Submitting Returns:
41.18
Out of the 9702 unions that submitted returns during 2008 , 3452
Out of the 9702 unions that submitted returns during 2008 , 3452
unions ( about 40%) belonged to the manufacturing group , followed by
‘Other community, social and Personal Services Activities’ (1374 unions,
14 percent) & Transport Storage & Communication (1334, 14 per cent).
Income and Expenditure of Workers’ Unions
41.19
During 2008, total Income and Expenditure of all workers
During 2008, total Income and Expenditure of all workers
unions was Rs 113.81 Crore and Rs 80.99 Crore respectively. The
Income and Expenditure of Workers Central Unions was Rs 44.79
Crore and Rs 24.10 Crore respectively. The remaining Income and
Expenditure of Rs 69.02 Crore and Rs 56.89 Crore respectively
pertained to State Unions. The highest income and expenditure of Central
Unions and as well as for State Unions these were in Tamil Nadu.
Employers Union :
41.20
In 2008, out of 74 registered, Employers Unions, 7 unions (i.e.
In 2008, out of 74 registered, Employers Unions, 7 unions (i.e.
9.46 percent) had submitted returns. All the employers, trade unions
submitting returns were State Unions. These union had a membership of
6,924 persons, out of which only 1,012 (14.62percent) were women.
The average membership per employers union was 989. Highest number
of Employers Unions submitting returns was 4 in ‘Manufacturing’
whereas Real Estate Renting & Business Activities had highest
membership amongst those submitting returns.
Income and Expenditure of Employers Unions
41.21
All the unions submitting returns were State Unions. Income and
All the unions submitting returns were State Unions. Income and
Expenditure of these unions was Rs 0.37 Crore and Rs 0.33 Crore
respectively. Among Industries, maximum Income and Expenditure of Rs
0.29 Crore and Rs 0.29 Crore respectively was reported in industry group
“Manufacturing (Ind. Code D) ” followed by “Real Estate, Renting and
Business Activities” (Ind. Code K).
41.22
Source of Trade Union Statistics : The Rules Framed under
Source of Trade Union Statistics : The Rules Framed under
the “Trade Unions Act,1926 impose obligation on the registered Trade
Unions (Workers & Employers) to submit annual statutory return in the
prescribed format to the Registrar of their respective States/ Union
Territories. These State/U.T. Authorities in turn furnish the consolidated
data in respect of the entire State/U.T. to the Labour Bureau. The
Labour Bureau , Ministry of Labour & Employment, compiles and
disseminates these statistics at All India level.
Note : Statistics on Trade Unions is constrained by non reporting by
several states . Even in the States that submit returns , information wrt a
large number of trade unions is not available due to non filing of their
returns.
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| Introduction |
THE CENTRAL TRADE UNION REGULATIONS,1938
| In exercise of the powers conferred by section 29 of the Indian Trade Unions Act, 1926 (16 of 1926), and by the said section of the said Act as in force in Berar, the Central Government is pleased, in relation to Trade Unions whose objects are not confined to one 2[State], to make the following regulations, the same having been previously published as required by sub-section (1) of section 30 of the said Act, namely:- | |||||||||
1.
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Title and application.- | ||||||||
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2.
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Definitions.- | ||||||||
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3.
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Application for registration.- | ||||||||
4.
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Register of Trade Unions.- | ||||||||
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5.
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Certificate of registration.- | ||||||||
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6.
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Cancellation of registration.- | ||||||||
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7.
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Unions registered with 3[State] Registrars.- | ||||||||
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8.
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Fees.- | ||||||||
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9.
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Amendment of rules.- | ||||||||||||||||||||||
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10.
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Appeal.- | ||||||||||||||||||||||
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11.
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Funds of a dissolved Trade Union.- | ||||||||||||||||||||||
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12.
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Return.- | ||||||||||||||||||||||
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13.
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Auditors.- | ||||||||||||||||||||||
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14.
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Exception.- | ||||||||||||||||||||||
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15.
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Audit .- | ||||||||||||||||||||||
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16.
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Audit of political funds .- | ||||||||||||||||||||||
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17.
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Inspection.- | ||||||||||||||||||||||
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1
PREFACE PREFACE PREFACE PREFACE
Dear Comrades,During my interaction with many Divisional Secretaries, many felt that a detailed book on Trade
Union facilities will felicitate them for countering the problems. I too felt that such kind of
reference book is the need of the hour.Since we have to publish the updated constitution of the union duly incorporating all the amendments up to Guntur conference, we realized that it is the opt time to publish the update constitution alongwith the compilation of Trade Union facilities.Some of the orders seem to be old and irrelevant. But we have published them since those orders were containing some instructions applicable to this date also. We have taken much pain to release the same without any arrears or ommisisons.
The corrected constitution of the Union & the Trade Union facilities is being released to mark the
occassion of the Central Working Committee Meeting held at Kurukshetra form 14.07.09 & 15.07.09.
On this happy occasion. I fervently request to send suggestions from our comrades for making the compilation a more perfect and purposeful in subsequent editions.
Comradely yours
(K. V. Sridharan) General Secretary
14.07.2009
2
COMPILATION OF INSTRUCTIONS ON MATTERS CONCERNING SERVICE
ASSOCIATIONS IN DEPARTMENT OF POSTS (D.G Posts No. 101/
2004SR
dt.
25.06.2004)
I RECOGNITION1. Recognition to Service Associations representing Departmental employees in the Department of
Posts is granted under the CCS (RSA) Rules, 1993.
2. The verification process for the purpose of recognition is conducted through a check off
system which
is carried out in the Department once every two years in terms of Department of Personnel & Training
(DOP&T) O.M. No. 210/80JCA dated 31st January, 1994. Consequently recognition granted to all
eligible associations is also valid for two years, after which re verification process determines their future
status. All Service Associations recognized or otherwise, have to apply afresh for participation after every
2 years, for the purpose of seeking recognition. Each Service Association in the Department has to
operate under one of the 15 distinct categories of Departmental Employees enlisted at Annexure I
and as specified by the Department vide letter No. 131/93 SR dated 10.08.94, O.M. 131/93 SR (Volume II) dated 29.11.95, No. 1314/96 SR dated 15.10.96, No. 1322/98 SR dated 19.02.99, No. 1330/98 SR
dated 28.06.99.
Note: As per instructions issued vide DOP&T OM. No. 2/13/98 JCA dated 11th February 2002 the
periodicity of re verification process for the purpose of Recognition has been increased from 2 to 5 years.
Since the matter of verification process in the Department of Posts is subjudice the above instructions
have not yet been brought in to effect.
3. As a general rule, the Service Associations are granted Recognition on All India Basis i.e. All India
Bodies are recognized. The All India Associations so recognized may form branches at Circle, Divisional
and local levels subject to grant of permission by this Department and as provided in their constitutions,
which have to be duly approved by the Government. The branches so formed are entitled to get union
facilities as per instructions on the subject from time to time. No separate orders extending union facilities
are required to be issued from this Department for each newly opened branch at lower level.
4. The union facilities herein mentioned are admissible to the recognised Service Associations only, unless specifically relaxed in favour of the non recognized Service Associations.
5. The terms and conditions under which the Service Associations are recognized are enumerated at
Annexure II.
6. An up to date list of the recognized Service Associations is appended at Annexure III.
Another list of Associations, affiliated to Bhartiya Postal Employees, Federation, though unrecognised but are being extended limited trade union facilities is at Annexure IV.
(i) ASSOCIATION OF GOVERNMENT SERVANTS FORMED ON THE BASIS OF
CASTE, TRIBE OR RELIGION RECOGNITION OF.
The undersigned is directed to say that a growing tendency is being noticed among Government servants
to form service associations on the basis of caste, tribe or religion. The Government of India consider that
in the prevailing conditions it would be most undesirable and improper if service associations of
Government servants, stated being so organized. They further considered that such tendency should be
firmly discouraged. It has accordingly been decided that no service association of Government servants
which is formed on the basis of caste, tribe or religion, should be accorded
3
recognition for any purpose whatever, or granted any kind of facilities. It is requested that this position
may kindly be brought to the notice of all concerned for their information and guidance. In a way, it is
implicit in clauses (b) and (c) of the Central Civil Services (Recognition of Service Associations) Rules,
1959, that a service association cannot be restricted to a group of Government servants belonging to a
particular caste, tribe or religion. In order to make the intention quite clear however, these rules have been
suitably amended, vide this Ministry's Notification of even No. dated 11th September, 1962. It is requested
that the Ministries of Defence, Railways, etc. who have their own rules for recognition of service
associations and unions of the staff employed under them, may make a similar provision in those rules.
(OM. No. 24/10/62/EST(B) dt. 22.09.62 of Ministry of Home Affairs)
II CHANNEL OF COMMUNICATION
No. 132/68SRdated 16.3.68
1. While Government Servants are free to join any Association, subject to the conditions laid down in the
CCS (Conduct) Rules 1964, the Government does not enter into correspondence with any Association
unless it has been granted Recognition by the Government for such purpose. Therefore, as a rule no
correspondence should be entered into with any unrecognized service Associations nor copies of their letters etc. be forwarded to any subordinate unit for action.
Note: With the promulgation of CCS (RSA), Rules, 1993, the membership is restricted to particular
category to which the employee belongs, as identified by the Department. (Annexure I).No.STB/10019
/52STA dated 28.10.52
2. The All India Service Associations have their branches at Circle, Divisional and local levels. The
Central Association and their branches should correspond directly only with the authorities in charge of the
Unit they represent i.e. local level Service Associations should correspond directly only with local authority
and Divisional Association with Divisional authority, the Circle level Service Associations with the Head of
the Circle and the Central Unit of the Service Associations with the Secretary (Posts) or the Government
through the Secretary (Posts). No. 313/81SR dated 17.8.81 & No. 103/84 SR dated 15.6.84
3. Representations from the Service Associations are limited to the matter concerning the unit they
represent i.e. a Divisional Service Associations is to take up the matters concerning the Divisions as a
whole, the Circle Service Associations to take up matters concerning the circle as a whole and the Central
Associations to pursue matters of All India interest. If a local unit of Service Associations is not satisfied
with the decision or reply given by its accredited authority, the next higher level of the Service
Associations may take up the such matters with its accredited authority and while doing so, the
Association should clearly state that the matter was taken up initially with the lower authorities concerned
but without any satisfaction. If the Central level of the Association intends to take up the matter
concerning a particular circle, it may submit a representation to the Secretary (Posts) but should clearly
indicate in the representation the fact that the circle level of the Association had taken up the matter with
the Head of the Circle, specifying the reference of the same and the reply thereto received from him. No
complaint/correspondence will be entertained by the Administration if these are not addressed to the
accredited authority. No. 162/65SR
4. No action is to be taken on direct references from local Service
4
dated 03.08.66 Associations except when specifically ordered by Minister/Minister of State/ Secretary (P)
/Member of the Postal Services Board. On behalf of Service Associations their General Secretaries or
Presidents should address the Administration. The Assistant General Secretaries or the Deputy General
Secretaries wherever specifically authorized by their General Secretaries may also address communication
to the Administration but the reference made by them should contain a clear communication that the same
are being made under the authority of General Secretary concerned. No. 313/66SRdated 24.11.66 No. 162/77 SR dt.07.07.72
5. The Administration will address replies to communications from the Service Associations to the General
Secretaries and to the Headquarters address of the local Associations concerned with the only exception
of DO letters from the Presidents. Replies to such DO letters may be sent to the Presidents but this will
also be invariably addressed to the Headquarters address of the Service Associations unless the sender of
the reply is of the opinion that there are special reasons of circumstances for sending a reply direct to the
address of the Presidents.
6. The Service Associations shall not espouse or support the cause of individual Government Servants
relating to service matters. When such references are received, the Service Associations may be informed
that they are precluded from taking up individual cases with the Administration and as such, their
references are being filed. No. 166/65SR dated 31.3.65
7. Creation and abolition of posts is purely an administration matter and it is not a subject which the
Service Associations can discuss with the Administration. It is for the Department to decide whether
particular post is justified or not and it is not the function of the Associations to determine the justification
or otherwise of the post. Views of the Service Associations may, however, be considered when the
question is examined on merit. No correspondence will be entertained with the Service Associations
regarding creation of individual posts. The question of fixation of standards for creation of posts is a
different issue and does not fall in the above category. No. IR No. 1591SR/79SR dated 12.7.79
8. Wherever standard of creation of posts have to be examined, Service Associations can take these up
for implementation even if these justify only a solitary post in regard to any particular office. However, no
correspondence from Service Associations on the merit of creations/abolition/conversion of individual
posts, standards for which have not been determined will be entertained, though their views may be taken
into account when the mater is considered in normal course. No. 312/83SR dated 5.6.84 & No.312/
85SR dated 29.10.86
9. The Service Associations are not authorized to form regional branches for meetings (formal or informal)
with regional head. The circle units of the Service Associations representing the Postal Accounts
Employees are permitted to form branches (local units in the offices of Director of Accounts (Postal).
CHANNEL OF COMMUNICATION OF CIRCLE UNIONS WITH THE REGIONAL/AREA
DIRECTORS
I am directed to invite your attention to this office letter No. 313/79SRdt. 18.7.79 and No. 311/75SR
dated 63/84 (addressed to General Manager Telephones, Calcutta, Bombay, Madras, Delhi) where in, as
a result of decentralization of Postal and Telecom Circles a new channel of communication for the Circles
Unions with the Regional/Area Director, and Area/Managers was evolved according to which formal
bimonthly meetings to the Circle Unions/Associations (except the Unions/Associations
5
of Administrative Offices Employees) can be granted by the Area/Regional Director/Area Manager. It
was made clear in those orders that there shall be no separate branches of Unions at Regional/Area level.
Since the Circle unions were experiencing certain difficulties in going to the Regional/Area Directors
headquarters once in two months for holding the bimonthly meetings, it was decided vide this office letter
No. 313/79SRdt. 16.3.81 and 311/75SRdt. 3.7.81 that any office bearer of Circle Branch Unions who
is located at the headquarter station of the Regional/Area Director and who is authorized by the Circle
Secretary shall be eligible to hold bimonthly meetings and exchange correspondence with the concerned
Regional/Area Director. The Circle Secretaries are required to furnish necessary particulars of the Circle
Unions office bearer who shall represent the circle branch to the Regional/Area Director.
It has come to the notice of the Directorate that some Unions have got Area Secretaries for their area
level branches and have also been insisting upon the Area/Regional Directors for grant of meeting etc to
the Area Secretaries. It is hereby clarified that formation of area branches by any union has not been
given cognisance by the Directorate nor any amendment to their constitution providing for formation of
branches at area level has been accepted by the Directorate. Therefore the question of grant of any
meeting or any other facility to such office bearers for the area branches as they call them, does not arise.
If any such office bearer also happens to be a Circle Union office bearer and happens to be eligible for
grant of bimonthly meeting and exchange correspondence with the Regional/Area Directors as per this
office letter No. 313/79 SR dt. 16.3.81 and No. 31.01.75 SR dt. 03.07.81 he will naturally be entitled for
the meeting/correspondence as a Circle Union office bearer. This may kindly be brought to the notice of all concerned.(No. 312/83SRdt. 5.6.84)
CHANNEL OF COMMUNICATION OF CIRCLE UNION WITH REGIONAL DIRECTORS
IN POSTAL CIRCLES
I am directed to draw your attention to the instructions contained in this office letter No. 313/79SR dated
16.3.1981 on the above subject. As per this, any officer bearers of Circle branch union, who is located at
the headquarters station of the Regional Directors and is authorized by the Circle Secretary; shall be
eligible to hold bimonthly meetings and exchange correspondence with the concerned Regional Director.
The Circle Secretaries shall furnish necessary particulars of the office bearers who shall represent the
Circle branch to the Regional Directors.The staff side in the Departmental Council represented that while the aforesaid arrangement has generally been working satisfactorily, at times the union is faced with a situation where it has no office bearer of the Circle Union located at the Regional headquarters or its officebearer
located at the Regional Headquarters is not in a position to hold meetings with the RDPS. The staff side, therefore, urged that in such a situation which is exceptional; and Circle office bearer, though not located at the Regional Headquarters but serving within the jurisdiction of that RDPS, should be allowed to correspond and hold meetings with the RDPS on the authorisation of the Circle Secretary. The Chairman of the Departmental council agreed to the suggestion of the Staff Side.It has therefore been decided that in partial modification of the instructions contained in this office letter No. 313/79SR dated 16.3.1981, in an exceptional case if there is no office bearer of the Circle union at the headquarter of the RDPs or the office bearer located at the Regional Headquarters is unable to shoulder the responsibility of maintaining correspondence and holding meetings with the RDPS, it shall be open to the Circle secretary to authorise a circle office bearer who is not located at the headquarters of the RDPs but it serving within the jurisdiction of the RDPs to correspond and hold meetings with the RDPs concerned.(No. 312/85SRdt. 29.10.86)
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CORRESPONDENCE WITH UNRECOGNIZED UNIONS/ASSOCIATIONS.
I am directed to state that it has been complained by the National Federation of P&T Employees that
some Units of the Department are entering into correspondence with unrecognized Unions/Associations.
While Govt. servants are free to join any Association subject to the conditions laid down in Rule 6 of the
C.C.S. (conduct) Rules, 1964 the Government is not supposed to enter into correspondence with them on
their service grievances unless they have been granted recognition by the Government for this purpose.
Therefore, as a rule no correspondence should be entered into with any unrecognized Union/Association nor copies of their letters etc. should be forwarded to any subordinate unit for action etc.(No. 13/2/68SR dt. 16.03.68)
CHANNEL OF COMMUNICATION FOR UNIONS
Under instructions of the instructions for the recognition of the Unions of Government Servants issued by
the late Home Department in their O.M. No. F. 16/1/37Public, dated 25.8.37 (reproduced in the Director
General's Special General Circular No. 31 dated 29.11.37) Government are required to specify the channel
through which representation from recognized unions should be submitted. No specific instructions have
been issued by Government in this behalf but they have from time to time confirmed the instructions
contained in your letter No. AM. 73. dated 7.4.23. It has been brought to the notice of Government that
letter of 7.4.23 is not comprehensive and is liable to different interpretations. After very careful
consideration of this matter, the Government have decided to clarify the position and to lay down the
following instructions in supersession of all existing orders on this subject:
(i) The All India Unions recognized by Government have their Circle branches, divisional and local branches. Central Unions and their branches should correspond directly only with the P & T authorities in charge of the units they represent i.e. a local union should correspond only with the local authority, a divisional union with the divisional officer, a circle union with the head of the Circle and the Central Union with the Director General or Government through the Director General.
(ii) The scope of representations of the unions should also be limited to the maters concerning the units
they represent i.e. a divisional union should take up matters concerning the division as a whole; a circle
union matters concerning the circle as a whole and the Central Union matters of all India
interest. If, however, a branch union is not satisfied with the reply given by the appropriate authority, the next higher branch union may take up such matter with the head of the unit represented by it. In doing so, the union should clearly state in its representation the fact the matter was taken up by the branch union concerned with the lower authority and should also clearly state reply or communication received from that authority.
For example, if a Central Union intends to take up a matter concerning a particular circle, it may submit a
representation to the DG but should bring out in the representation the fact that the Circle Branch Union
took up the matter with the head of Circle and also state the result of the same.
2. I am to request that channel of communication prescribed above may be brought to the notice of
all the recognised P & T Unions. The Central Unions should be instructed that they must not send
representations direct to the Government, but should send such representations through you.
(No. STB 15019/52 (SPA) dated 29.10.52)
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REPRESENTATION MADE TO HIGHER AUTHORITIES AGAINST THE DECISIONS OF
LOWER AUTHORITIES
I am directed to invite your attention to the instructions contained in this office letter No. STB/15019/
52STA dated 28.10.52, according to which the Unions at different levels should correspond with the
accredited authorities concerned and if a branch union is not satisfied with the decision or reply given by
its accredited authority, the next higher branch union may take up such matter with its accredited authority
and while doing so, the union should clearly, state that the mater was taken up initially with the lower
authorities concerned and state the replies or decisions received from that authority. Similarly, if a Central
union intends to take up the matter concerning a particular circle, it may submit a representation to the
Director General but should bring about in the representation the fact that the Circle union took up the
matter with the Head of Circle and also state the reference of the same. However, it has been noticed for
sometime past that on many occasions the Central Unions, while taking up matter relating to Circles or
lower authorities do not supply such information. On enquiry, the matters of representations or allegations
were found to be without any basis or facts. Such representations unnecessarily involve avoidable
additional work and affect staff relations. Similar position has been reported from the Heads of Circles
also.It has, therefore, been decided that in future the Unions/Federations should supply copies of these
references made by their lower formations and the replies thereto received from the lower authorities
while taking up cases with the higher authorities. The authorities concerned are expected to give replies to union representations within a reasonable time and if no reply is received within the reasonable time, the fact that no reply was received in respect of any case may be mentioned by the unions while making references to higher authorities. In cases where copies of such references are not received, no action on the representation etc. will be taken nor any reply given. These will be simply filed.
(No. 103/84SR,dt. 15.6.1984)
COMMUNICATIONS FOR ASSOCIATIONS/UNIONS SIGNING OF
I am directed to invite a reference to this office letter no. 31/1/64SR dt. 05.04.66 on the above subject.
The intention of the instruction contained in this office letter dt. 05.04.66 was to ensure that the functioning
of a union in the matter of carrying on correspondence with the Administration is not interrupted only
because of non availability of the main functionary namely the General Secretary at head Quarters. It is
not the intention that on behalf of an association/union at any level all the authorized persons viz., the
President the General Secretary, Asst. General Secretary and the like may address communications to the
Administration simultaneously and even from different stations.
2. With a view to ensure that there is no confusion in this regard, you are requested kindly to bring the
contents of the letter to the notice of the office bearers concerned at all the levels. The administration on
its part will send replies to communications from the unions/associations addressed to the General
Secretaries of the Associations/Unions and to the Headquarters Address of the Branch Union concerned,
with the only exception of D.O. letters from Presidents. Replies to such DO may be sent to the President
but these will also be invariably addressed to the Head quarters address of the Union/Branch Union
concerned unless the sender of the reply is of the opinion that there are special reasons or circumstances
for sending a reply direct to the address of the President.(No. 313/66 Dated 26.11.66)
UNION COMMUNICATIONS TO ADMINISTRATION –EACH SHOULD DEAL WITH
ONLY ONE SUBJECT.
It is observed that the Unions/Associations at different levels often raise more than one issue in one communication addressed to the Administrative authority concerned. As per the existing system, the
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entire work of an office is appropriately distributed among its different Sections for quick and proper disposal of each case. As such, when a communication is received, which deals with more than one subject, it not only creates administrative inconvenience and difficulty, necessitating preparation of extracts, for action in appropriate files in the concerned Sections, but also delays the disposal of the items referred to in the communication. Consequently, with a view to facilitating quick and straight disposal of Union references, I am directed to request you kindly to ensure that, as far as possible, each union communication addressed to the administrative authorities concerned at different levels, deals with only one subject. This procedure is also followed in the matter of exchange of correspondence between different offices of the Department. All your branch Unions/Associations may kindly be instructed suitably in the matter.
(No. 16/7/73SRDated 29051973)
REPRESENTATIONS FROM UNION – QUICK DISPOSAL THEREOF.
I am directed to invite your kind attention to this office letter No. 36/82SR dated 13.09.1982 addressed to all Heads of Circles etc on the subject noted above whereby it was impressed upon all the concerned officers that the letters received from the recognized Unions/Associations at all level should be promptly acknowledged and the matter decided expeditiously. Some of the Unions recognized by this Department have again complained that prompt replies are not being received by them to their letters written to the officers at various levels.
2. The whole matter has been considered once again and it is hereby reiterated that the letters received
from the recognized Unions/Associations at various levels should be acknowledged promptly and the
matter in question decided as expeditiously as possible. If the decision in the matter is likely to get delayed for some time an interim reply should invariably be sent to the concerned Union/Association. It should also be ensured that in case the officer or the dealing hand concerned with the matter is on leave some alternative arrangements should be made to attend to the letters received from the Unions/Associations urgently.
3. This may be brought to the notice of all concerned.
(DG (P) No. 103/87SR Dated 08.03.1988)
REPRESENTATIONS FROM UNIONS MUST RECEIVE PROMPT ATTENTION.
I am directed to say that some of the Unions of the Department have complained that prompt replies are
not given to their letters written by them to the officers at various levels and the decisions are not taken at
the official periodical meetings with the Unions. Even the matters of the meetings do not reflect correctly
the discussions which had taken place. Too much time is taken in furnishing the reports on various unions
matters taken up at a higher level when these reports are called by higher offices from the lower units.
Their letters are not even acknowledged. When the dealing hands or officers dealing with union matters
are on leave etc. on alternate arrangements are made to attend to their cases and the cases remain un disposed of till the return of the officials/officers on leave.
2. The matter has been considered carefully and it has been decided that the offices at all levels should
ensure that the Unions do not get a change to lodge a complaint of any of the types mentioned above. The
Union letters should be promptly acknowledged and the reports in the matters referred to by the Unions
should be made quickly to attend the union cases when any dealing hand/officer dealing with union matters
proceeds on leave. The minutes of the meetings held at various levels should reflect the correct record of
the discussions held and there should be no lacking in taking followup action thereafter.
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This may kindly be brought to the notice of all concerned.(No. 36/82SR Dated 10/13.09.1981)
FORMATION OF DIVISIONAL BRANCH UNIONS AT THE LEVEL OF POSTAL STAMP
DEPOTS QUESTIONS REGARDING
I am directed to any that the question of providing channel of communication in the Postal Stamp Depots
between the unions and the administration had been engaging attention of this Department for some time
past. Some of the unions have also made representations in this regard. As the Postal Stamp Depots are
under the charge of a Group B Postal Officer and are functioning as separate units independent of the
Circle Office establishment under the direct control of the Heads of circles. It has now been decided that
in order to have a formal channel of communication in Postal Stamp Depots, P III and P IV unions may be permitted to form Divisional levels branches in these offices.
2. This may be brought to the notice of all concerned.
(No. 1014/86SR Dated9.9.88)
CHANNEL OF COMMUNICATIONS IN GAZETTED HOS/POS
I am directed to say that the question of providing Channel of Communication in the Gazetted Head
Offices/Post Offices which are directly under the Control of Circle Office to the Branch Unions had been
engaging attention of this Department for sometime past. Some of the Unions have also represented in this
regard. 2. After careful consideration it has now been decided that meetings to Branch Unions formed in
Gazetted Head Offices/Post Offices which are directly under the control of Circle Office may be granted
by the Senior/Chief Postmasters once in a month. 3. This may be brought to the notice of all concerned.
(No. 1014/68SR Dated 22.01.1991)
PROCEDURE FOR DEALING WITH THE REFERENCES RECEIVED FROM THE RECOGNIZED FEDERATIONS/UNIONS/ASSOCIATIONS IN THE DEPARTMENT OF POSTS.
Kind attention is invited to the instructions contained in this Office order of even number dated 06.04.1990 regarding the procedure for dealing with the Communications/references received from the recognised Federations / Unions / Associations in the Department of Posts.The revised procedure adopted in this regard has been reviewed once again and it has been observed that the communications received from the various Federations/Unions/Associations are still not being given due attention by the Officers/Sections concerned. The representatives of many Unions/Associations have also been complaining persistently regarding non acknowledgement of their communications. They have even brought this issue to the notice of Secretary(P) many a times. In order to ensure prompt attention to the references from unions, it has been decided that henceforth all the references/Communications from recognized Federations/Unions/Associations will now be diarised and acknowledged in SR Section itself and sent to the concerned Officers/Sections for necessary action. It is further decided that all the Branches/Sections of the Department of Posts will hence forth prepare and maintain a separate diary register for communications received from the recognized Federations/Unions/Associations. The Section Officer/Assistant incharge will ensure that the entries relating to such communications are made properly and a statement showing the position of disposal of these references/communications is put up to the DDG concerned by the 7th of the next month positively
in the appended proforma (copy enclosed). The DDG in turn will review the statement in
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respect of the Sections under their control every month and will submit the same to their service Members for information. It is requested that the strict compliance of these orders/instructions may kindly be ensured.(No. 103/87SRDated 20.11.1991
CHANNEL OF COMMUNICATION OF CIRCLE UNION WITH REGIONAL HEADS
I am directed to refer to this office letter of even number dated 5.12.1990 on the above subject wherein it
was intimated that any office bearer of the circle branch union who is located at the Head quarters station
of the Region and authorized by the Circle Secretary, shall be eligible to hold Bimonthly meetings and
exchange correspondence with the concerned Regional Head of an office. Some clarification on these
orders are being sought by various units.
It is hereby clarified that :
(i) PMG Incharge of the Region will hold Bimonthlymeeting at Regional level.
(ii) Where there is no PMG in a Region, the meeting will be held by the Director Incharge of the Region.
(iii) If there is an region directly under the control of CPMG, and there is no PMG for that Region,
these Bimonthly meeting will be taken by the concerned Director Postal Services.
(iv) CPMG, as usual will chair the periodical meeting at circle level with the circle branches of the Union/Association.
(No.311/85SR Dated 30.04.1992)
CHANNEL OF COMMUNICATION – REITERATION OF INSTRUCTIONS REGARDING
I am directed to invite your kind attention to the Compilation of Instructions on union facilities issued vide
the Department’s letter No. 109(A/98SR)dated the 5th November, 1999. 2. The instructions on “Channel of Communication” as contained in the said compilation inter alia provides that “the branches of service associations at Circle/Divisional and local levels should correspond directly only with the authorities in charge of the Unit they represent i.e. a local level service association should correspond only with local authority, a divisional association with divisional authority and circle level association with the Head of Circle”. Only, the central unit of the service association should correspond with the Secretary (Posts) or the Government through the Secretary (Posts).” (No. STB/10019/52STA dated 29.10.52). Further, as clarified vide the Department’s letter No. 162/65SR dated 03.08.66, no action is to be taken on direct references from local service associations except when specifically ordered by Minister/Minister of State/Secretary(P)/Members of the Postal Service Board.
3. It has been observed that the above instructions are not being followed scrupulously by the branches of Service Associations, as a large number of references are being received in the Department, addressed to Hon’ble Minister/Minister of State/Secretary, Members of the Postal Services Board, direct from the Circle, Divisional and local unions/associations. These references not only increase the amount of unnecessary paper work in the Department but also cause delay in disposal of other genuine matters of the staff unions.
4. It is, therefore,requested to bring these instructions once again to the notice of the circle, divisional and local level branches of the unions for strict compliance.(No. 133/2002SR Dated 05.07.2002)
REPRESENTATION OF ELECTRICAL STAFF BY RECOGNIZED UNIONS
The question of providing Union facilities to the Postal Electrical Staff who do not belong to Civil Wing,
has been under consideration of the Department. The matter was also considered in the Postal Departmental Council (JCM)
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