Applicability of CCS (RSA) Rules, 1993 to the workers employed in the Ministry of Defence
INDWF/M OF D/RSA Rules/2017
Date : 20.02.2017
The Secretary to Govt. of India
Ministry of Defence,
South Block, New Delhi.
Sub: Applicability of CCS (RSA) Rules, 1993 to the workers employed in the Ministry of Defence – Reg.
Ref : MoD Lt. No. 21 (09)/2012/D(JCM), Dated: 3rd Feb. 2017.
We are very much shocked to note the contents of the above referred letter received from MoD. It is mentioned in bid letter that it was unanimously decided vide Para-6 of the minutes of a meeting held on 12/05/2003 that existing practice of formation of unions and associations in defence Establishments under two different rules may not be disturbed and the matter was treated as closed with the consent of all stake holders. It is understood that on this basis CDRA has submitted a representation to MoD and hence MoD is asking our views. In this regard we wish to submit the following facts for your kind and favourable consideration please.
The subject referred in para No.6 of the meeting held on 12/5/2003 has got nothing to do with the issue which the Federations are repeatedly representing to the MoD and DoP&T. The demand of the Federations is to implement the Provisions of CCS (RSA) Rules-1993 in its true spirit, so far as the provision of recognition of Association of “Workers” is concerned. In the meeting, the issue referred in the minutes was with regard to certain objections raised by the officials of various Directorates under MoD that they are finding it very difficult to manage the activities of Unions and Associations. Since non-industrial employees are becoming members of both Trade Unions and Associations. It was the official side which stated that the existing practice of allowing an employee to become a member of both Union and Association. The Chairman mentioned that the matter may not be pursued further. We have not agreed for the same and the minutes of the meeting was not issued with our concurrence. Therefore, the Federation were repeatedly representing the issue to MoD to withdraw the wrong recognition given to the Associations of “Workers” under CCS (RSA) Rules-1993. Since this rule itself is not applicable to the Workers of Defence and Railways. It is pertinent to mention here that the Railway Ministry has not recognized even a single association of workers. Since our repeated representation in this regard was not considered favorably by MoD. We were left with no other option than to raise the issue in the National Council (JCM) Meeting held on 15/05/2010.
As decided by the cabinet secretary, chairman of the National Council (JCM) ,DOP&T and Law Ministry has advised the MoD to follow the relevant provisions of CCS (RSA) Rules 1993 strictly. Subsequently in the Steering Committee Meeting for the 91st Departmental Council (JCM) of MoD held on 6/9/2016 the MoD has given the following position in the meeting.
“Opinion of DOP&T was sought and they stated that “ A conjoint reading of the case, in the context of MoD would indicate that CCS(RSA) Rules 1993 would be applicable to Civilian Govt. Servants in the Defence Services but will not apply to workers employed in Defence instatitions of for whom separate Rules of Recognition exist. Thus for workers employed in Defence installations of MoD for whom separate Rules of Recognition Exist the CCS (RSA) rules. 1993 would not apply” Dopt further advised to consult Ministry of law in the matter. The case was referred to By. Legal Adviser in the matter Dy Legal Adviser (Defence) concurred the views of DOPT and commented that the Administrative ministry may take a decision. Thereafter, decision was taken to call for the information/ details views about the various Associations which are working the industrial installation of concerned Hqrs/Orgns of MoD information in question is still pending from Army HQ/DGNCC/DGDE/DGAQA only after receipt of all the information, further action would be taken in the matter.
Since, the Mod was not taking any decision in the regard; the issue was once again discussed in the meeting of the Standing Committee of the National Council (JCM) held on 25/10/2016. In this meeting also a clear decision was taken the MoD may adhere to the Rule position. It is quite natural that the CDRA will go on representing that the workers in the Industrial Establishments should be allowed to be the members of the Association and their recognition should continue in violation of the rules. However MoD has to consider the matter in its true perspective and dispassionately considering the rule position advise given by DOP&T, LA (Defence) and also decision taken the National Council (JCM) and to withdraw the recognition granted to the Associations of workers (list already available with MoD) in violation of the provisions of CCS (RSA ) Rules-1993 and render justice. Awaiting for your earlier and favorable action please.