CGA Orders: One day Strike on 16th March 2017
No.A-12017/1/2010/MF.CGA(A)/NGE/Assoc-Agi/1224
Government of India
Ministry of
Finance
Department of Expenditure
Controller General of Accounts
Mahalekha Niyantrak Bhawan
E Block, GPO complex, INA
New Delhi-110023
Dated: 13th February, 2017
Subject:
One Day Strike on 16th March, 2017.
Reference
is invited to this office 0M of even no.502 dated 18th January, 2017.
All India Civil Accounts Employees Association has intimated that the
proposed One Day Strike on 15th February, 2017 has been to 16th March,
2017.
2. Attention is invited to the provisions of Government of
India (Ministry of Home Affairs) 0M No.25/23/66-Estt(A) dated 09.12.1966
(reproduced as G.l. decision No.2 below Rule 7 of CCS (Conduct) Rules,
which inter-alia provides that under Rule 7 (ii) of rules ibid, a
Government servant shall NOT resort to or in any way abet any form of
strike in connection with any matter to his service or the service of
any other Government employees. If any Government servant resorts to any
action in violation of Rule 7 (ii) of CCS (Conduct) Rules, disciplinary
action would have to be taken against him.
3. Attention is also
invited to proviso to FR 17(I) according to which any employee(s) who is
absent from duty without permission shall not be entitled to any pay
and allowances during the period of absence. Further, unauthorized
absence shall be deemed to cause an interruption or break in service Of
the employee under FR 17(A).
4. In this regard, the following
decisions of the Supreme Court may also be brought to the of the
employees under your Ministry/Department. The Supreme Court has held in
the Case Of T.K.Rangarajan Vs. Govt. of Tamil Nadu that no right exists
with the Govt. employees to strike, whether fundamental, statutory or an
equitable right. In All India Bank Employees Association Vs. National
Industrial Tribunal & Ors„ (1962 (3) SCR 269) the Constitution Bench
of the Suprerme Court specifically held that even very liberal
interpretation of sub-clause (C) of Clause (1) of Article 19 of the
Constitution cannot lead to the conclusion that the trade unions have a
guaranteed right to strike, either as part of collective bargaing or
otherwise. There is no statutory provision empowering the employees to
go on strike. The Supreme Court also agreed that going on strike is a
grave misconduct under the Conduct Rules and that misconduct by
Government Employees is required to be dealt with in accordance with
law. Hence, once it is proved that an employee has committed the of
going on a strike in any form, the Supreme Court has held in Bank of
India vs. TS Kelawala [1990 (4) SLR 249] that he will have to face the
consequences which may include deduction of wages and even dismissal
from service.
5. In this context, it is clarified that strike
means refusal of work or stoppage or slowing down of work by a group of
employees acting in combination and includes:-
vii) mass abstention from work without permission which is wrongly described mass Casual
Leave.
viii) refusal to work on overtime where such overtime work is necessary in public
interest.
ix)
resort to practice or conduct which is likely to result in or results
in the cessation or substantial retardation of work in any organization.
Such practice include what are ‘go-slow’, ‘sit-down’, “pen-down’,
‘stay-in’. ‘token’, ‘sympathetic’ or any other similar strike as also
absence from work for participation in a ‘Bandh’ or similar movements.
6.
Accordingly, Casual Leave or any other kind of leave, if applied for,
should not be sanctioned to the officers and employees during the period
of proposed One Day Strike on 16th March, 2017 and it should be ensured
that the striking activities are not allowed inside and around the
office premises. It may also be ensured that the employees, who intend
to attend their office work despite the call for the strike, are not
prevented from attending the office by the striking employees. Suitable
contingency plan may be worked out for carrying out the various
functions in field offices and Principal Accounts Offices.
7. The
above instructions may be brought to the notice of staff working under
your control. All the Pr. CCAs/CCAs/CAs are requested to deal with the
cases in respect of employees, Who resort to action as above, in the
light of above referred instructions.
8. This issues with the approval of the competent authority.
sd/-
(Sandeep Malhotra)
Sr. Accounts Officer
Click to view the
order
Authority: www.cga.nic.in