URGENT
No. A-12017 /1/2010/MF .CGA(A)/NGE/ Assoc-Agi/ 292
Government of India
Ministry of Finance Department of Expenditure
Controller General of Accounts
7th Floor, Lok Nayak Bhawan
Khan Market, New Delhi
Dated: 12.08.2015
OFFICE MEMORANDUM
Subject: One day Strike on 2nd September, 2015.
Confederation
of Central Govt. Employees & Workers has given a notice for one day
Strike on 2nd September, 2015 all over India.
2.
Attention is invited to the provisions of. Government of India
(Ministry of Home Affairs) OM No. 2S/23/66-Estt(A) dated 09.12.1966
(reproduced as G.I. 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 pertaining 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(1) 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 notice of the employees under your
Ministry/Department. The Supreme Court has held in the case of T.K.
Rangarajan Vs. Govt. of Tamil Nadu [2003(6)SLR] 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 Supreme 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 bargaining
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 misconduct 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: –
i) mass abstention from work without permission which is wrongly described mass Casual Leave,
ii) refusal to work on overtime where such overtime work is necessary in public interest
iii)
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 called, ‘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 strike, 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/ CA is 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.
(D.D.K.T Dason)
Assistant Controller of Accounts
