"Trade union is not a dinner party or writing an essay, or painting a picture, or doing embroidery. It cannot be so refined, so leisurely and gentle, so temperate, kind, courteous, restrained and magnanimous. Trade union activity is a constant struggle of have not against haves"---------com K.G.Bose
Tuesday, 17 December 2013
NATIONAL FEDERATION OF POSTAL EMPLOYEES
ALL INDIA POSTAL EMPLOYEES UNION GDS (NFPE)
FLASH! FLASH!! FLASH!!!
FIRST MILESTONE ON legal fight for GDS DEPARTMENTALISATION
Hon’ble Supreme Court of India has ordered the Delhi High Court to decide the prayer of NFPE & AIPEU-GDS (NFPE) in writ petition No. 1003 of 2013 to treat the three lakhs Gramin Dak Sevaks as civil servants for all purposes at par with other regular employees as per 1977 SC Judgment & to quash the GDS (Conduct & Engagement) Rules 2011.
This is a TURNING POINT IN THE HISTORY OF GDS
NFPE & AIPEU-GDS (NFPE) DID IT
FINAL LEGAL BATTLE HAS BEGUN
We shall fight for GDS both legally and organizationally
Join AIPEU-GDS (NFPE) and strengthen further the fight for the cause of GDS. Nobody can break the unity among NFPE & GDS. Isolate and expose those renegades who betrayed GDS and joined anti-NFPE camp and tried to break the unity between GDS & NFPE. Participation of more than 10000 GDS in the GDS (NFPE) Parliament March proved that we are already recognised by the GDS Employees all over India.
Donate Liberally to NFPE Legal Expense Fund
The National Federation of Postal Employees and the All India Postal Employees Union (Gramin Dak Sevaks) had approached Hon'ble Supreme Court of India by way of filing Writ Petition (C) No.1003 of 2013. There were two basic prayers apart from the consequential prayers in the Writ Petition. These prayers are:-
“(i) that a direction be issued to the Respondent to treat the Gramin Dak Sevaks as Civil Servants for all purposes at par with the other regular members of the civil services and regular employees in relation to all service matters including the pension and all retiral benefits, and
(ii) the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 be declared invalid and unconstitutional.”
The matter was heard at some length on 13.12.2013 in Court No.2 as Item No.8 before a Bench comprising of Hon'ble Mr. Justice R.M. Lodha & Hon'ble Mr. Justice Shiva Kirti Singh. The Federation and the Union were represented before the Hon'ble Supreme Court by Shri M.R. Calla, Senior Advocate [Former Judge of Rajasthan High Court & Gujarat High Court] along with Shri Uday Gupta, Advocate. Their Lordships were of the view that the issues raised in the Writ Petition are of importance and keeping in mind the fact that about 3 lakhs persons are serving as Extra Departmental Agents (Gramin Dak Sevaks) and are posted at various places in the Country, the issues raised can be considered by Hon'ble Delhi High Court and this would also avoid multiplicity of legal proceedings.
Hon'ble Supreme Court vide its Order dated 13.12.2013 directed as under :-
(i) That Writ Petition (C) No.1003/2013 be transferred to Hon'ble Delhi High Court for consideration;
(ii) That Registry of Hon'ble Supreme Court to transmit the entire record and proceedings to Hon'ble Delhi High Court;
(iii) That Registry of Hon'ble Delhi High Court to register the Writ Petition under Article 226 of the Constitution of India and proceed with the matter.
See Order below:
ITEM NO.8 COURT NO.2 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO(s). 1003 OF 2013
NATIONAL FED. OF POSTAL EMP. & ANR Petitioner(s)
UNION OF INDIA Respondent(s)
(With office report )
[FOR PREL. HEARING]
Date: 13/12/2013 This Petition was called on for hearing today.
HON'BLE MR. JUSTICE R.M. LODHA
HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
For Petitioner(s) Mr. M.R. Calla, Sr. Adv.
Mr. Uday Gupta, Adv.
Ms. Shivani M. Lal, Adv.
Mr. M.K. Tripathi, Adv.
Ms. Pratiksha Sharma, Adv.
Mr. Ankit Achariya, Adv.
Mr. Mohan Pandey,Adv.
UPON hearing counsel the Court made the following
O R D E R
Writ Petition is disposed of in terms of the signed order.
(Rajesh Dham) (Sneh Lata Sharma)
Court Master Court Master
(signed order is placed on the file)
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 1003 OF 2013
NATIONAL FED. OF POSTAL EMP. & ANR. Petitioner(s)
UNION OF INDIA Respondent(s)
O R D E R
This is a Writ Petition filed under Article 32 of the Constitution of India by the National Federation of Postal Employees and All India Postal Employees Union GDS (NEPE). The principal prayers in the Writ Petition are, (one) that a direction be issued to the respondent to treat the Gramin Dak Sevaks as Civil Servants for all purposes at par with the other regular members of the civil services and regular employees in relation to all service matters including the pension and all retiral benefits, and (two) the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 be declared invalid and unconstitutional.
2. Having regard to the controversy raised in the matter, we are satisfied that the grievance of the petitioners can be adequately considered by the High Court under Article 226 of the Constitution of India.
3. Since about three lakh persons serving as Extra Departmental Agents (Dak Sevaks) are concerned about the subject matter and they are spread all over the country, we are satisfied that to avoid multiplicity of proceedings in different High Courts, it would be appropriate that the matter is considered by one High Court.
4. We, accordingly, transfer this Writ Petition to the Delhi High Court for consideration.
5. The Registry shall transmit the record and proceedings of the Writ Petition to the Delhi High Court.
6. Upon receipt of the record and proceedings of the Writ Petition, the Registry of the Delhi High Court shall register the Writ Petition and proceed with the matter accordingly.
7. So far as this Court is concerned, Writ Petition stands disposed of.
( R.M. LODHA )
( SHIVA KIRTI SINGH )
DECEMBER 13, 2013
Friday, 13 December 2013
The work paper on the seminar on common demands of Central Government Employees which is to be held on 18/12/2013 at Bangalore from 10 am to 5pm at 4th Floor Seminar hall Income tax Office Queens Road near to GPO Bangalore are published along with detailed justification of about 55 pages for your reference and fruitful discussion.