One Day Strike on 16th March 2017

One Day Strike on 16th March 2017

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One Day Strike on 16th March 2017 : Government of India,
Ministry of Finance, Department of Expenditure, Controller General of Accounts,
Mahalekha Niyandtrak Bhawan, E Block, GPO Complex, INA, New Delhi – 110 023, invited
attention towards the provisions
of Government of India
(Ministry of Home Affairs)OM No.25/23/66-Estt(A) dated 09.12.1966 vide No.
A-12017/1/2010/MF.CGA(A)/NGE/Assoc-Agi/1224 dated 13th
February 2017
and suggested Government servant NOT to 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.

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
OFFICE MEMORANDUM
      Subject:
One Day Strike on 16th March, 2017.
Reference is invited to this office OM 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 postponed to 16th March, 2017.
2. Attention is invited to the provisions of
Government of India (Ministry of Home Affairs)OM No.25/23/66-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 services.
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 called, ‘go-slow’,’sit-
down’,pen-down’,’stay-in’, ‘token’, ‘sympathetic’ or any other similar strike
as also absense 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 foor carrying out the various functions in field offices and 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 wiuth 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.
(Sandeep
Malhotra)
sr.Accounts
Office
Source : www.cga.nic.in


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