Friday, December 4, 2009

ONGC 'AGRANI SAMMAN' SCHEME (2003)

Finally, Oil and Natural Gas Corporation Limited (ONGC) had understood the financial hardships being experienced by the legendery elders who have built this giant organisation bit by bit in hardous, hazardous and hostile environ during its initial infancy and initial stages till their retirement of superannuation. Thus, it is learnt, that ONGC has proposed to enhance the amount of Agrani Samman at its own under the captioned Scheme, that ,too, at an stage when related issues of the scheme are being tried in various Hon'ble Courts inluding one at Mumbai High Court. To meet the expenditure for the proposed enhancement etc. , ONGC has reportedly decided to divert the funds from the Corporate Social Corpus (CSC) under the Corporate Social Responsbility (CSR) to which ONGC has already ermarked 2% of its net profit i.e. 1.25% over and above the prescribed mandatory rate of 0.75%. It has also learnt that the proposal, in question, has since been approved by the Executive Committee of ONGC and presently waiting the approval by Board. Kudos to the HR Deptt of ONGC for the speed and zeal.
In effect, the CSR activities are conducted as per the legal and statutory requirements under the Socio-Economic Programme (SEDP) on specific and well defined recommendations of the Parliamentary Committee on Public Undertakings (COPU). The said activities include:-

1. Promotion of literacy and higher education.
2. Providing Clean Drinking Water.
3. Community Development.
4. Helth and Family Welfare.
5. Environment Protection.
6.Sanitation.
7. Development of infrastructure facilities - roads, bridges, street lighting, drainage etc
8. Promotion of Sports, Arts and Culture.
9. Assistance in husing & townships.
10.Improving the lot of socially and economically weaker sections of the society.
11.Providing emp0loyment to local people
12.Rehabilitation of project affected persons (PAPs)
13.Meeting local needs as and when required.

It is feared whether the above may allow to divert the Corporate Social Corpus under CSR to any other activity including Agrani Samman or PRBS that too at an stage when the proposal is afoot to centrally conduct and co -ordinate CSR activities with the joint CSC contlrbuted by various organisations of particular area. As a matter of fact, the best course would have been tp divert the funds for the purpose from the huge Kitty to which ONGC annually contribute 5% of its net profit. This fund can best be used for such puroses - by which nt only the legendery elders but also the other aggrived can suitably been sompensated without any legal hurdle.It needs no emphasis that for making any fund in an organisation, olders are always the major contributors. As such, whenever any additional benefit under Agrani Samman or PRBS is given. the same should be extended to olders also who deserve the most. ONGC is a gian profit making company. Itmcan easily manage the due benefits to the retired employees out of its vast resources in consideration of their loyal service till their retirement on superannuation.How far it is logical and justified where a senior corporate level officer gets PRBS @ Rs.1200 - 1300 or even less whereas his much junior at the level of E-I gets Rs 6000 or more ?

To manage a viable scheme on Agrani Samman and PRBS , competence of ONGC is at test.

Ex-gratia shemes in Banks, Railwayts and in some Public Sectors are worth taking note by ONGC.

Monday, November 9, 2009

NOW HE IS THE BIGG B....

Yes, I am telling about Amitabh Bachchan, the Bollywood's Shanhenshah, Superstar, Star of the Millenium, Demi God, entrepreneur, politician, game-whow host, singer,one-man industry and super human-being with huge fan base. He needs no introduction.

In mid-60, I had the opportunity to be closely associated with one Shri B.D. Khanna residing at Mohini Road, Dehra Dun. Shri Khanna was the most successful Sales Promotor for M/s Walchandnagar Industries Ltd., Lipi Boilers both of Pune. He was importantly associated with Bird & Company of Kolkata, which is dominated by Burmans. The youngest brother of Shri Khanna namely Shri R.S. Khanna, a well-built attractrive personality, was also in the employ of Bird & Company, where I happened to be once. When some one showed me the Chief Executive of Bird, I said "I know him. He is Mr. Jagdish Marwah, younger brother of highy respected quarry owner of my native place (Dehra Dun). It was, however, new thing for me to know that Shri Jagdish Marwah was married to the daughter of one of Burmans. Sudenly, a dark, tall, lean, lanky and intensely brooding person having horse features came before us. My partner said "He is Amith, son of well-know poet Harivansh Rai Bachchan." I promptly enquired "Is it ? What is he doing here ?" My friend replied "He is working as Freight Broker in Bird". Actually, Amitabh looked so unattractive to me that I was surprised to see him in his debute film "Saat Hindustani" though he was awarded for the same. It was beyond my intelligence to imagine how this person got entry in a film - later on I came to know that his entry in Bolywood could be possible on account of an intrductory letter from late Indira Gandhi, the then P.M. of India as Amith was a friend of Rajiv Gandhi. Anyhow, the deep baritone voice of Amitabh Bachchan in Anand made me his admirer.

After seeing the downs and downs, the destiny has finally placed him at his current position where there is no limit for this super-star. To me, in effect, his every major decision was a surprise - like his working in Bird as Freight Broker, his joining films, his marrying Jaya due to heght reasons, his joining politics, his promoting ABCL, his organising Fashion Event, his working in Nishabad opposite Jia and now in Pa...

Any Amitabh Bachchan (Srivastav) deseves Kudos for withstanding intense pressure and all odds.

His journey to stardom justifies the saying IF THERE IS A WILL THERE IS A WAY.

May God Bless Him To Achieve More And More Heights.

Sunday, November 8, 2009

(ONGC) MISSING EMPLOYEES' SCHEME (???)

Oil and Natural Gas Corporation Limited (ONGC) has no policy with regard to missing employees. Rather, ONGC is still following the pre-independence days' practice to wait-for-seven-years to settle the dues of such employees in case their death is not established, where-as the things have totally chanaged long back..........

In accordance with the Rules of the Central Goverment, retirement benefits can be paid to the family of an employee who is missing and his/her whereabouts are not known provided the family should have lodged a complaint with the concerned Police Station to this effect and obtained a report that inspite of all efforts the employee has not been traced.

1. Salary due, leave encashment due and the amount of GPF is to be paid in the first instance.

2. (i) Death Gratuity restricted to the Retirement Gratuity. (ii) Family Pension from the date of FIR;and (iii) Accumulations from the Savings Fund under Group Insurance Scheme are to be paid after one year.

For the above purpose, the nominees/dependents should furnish an Indemnity Bond that in case the missing employee appears on the scene at a later date and makes claim, all the payments shall be adjusted against the payment due to such an employee.

3. (i) Difference between Death Gratuity and Retirement Gratuity, (ii) Insurance Cover admissible under Group Insurance Scheme would be paid after the death is estalished or seven years.

The claimants should produce proper and indisputable proof of death or Decree of the Court in terms of Section 108 of the Indian Evidence Act.

Subscriptions for one year and insurance premium alone for the next six years will be recovered with interest from the amounts payable on account of Savings Fund and Insurance Fund respetively under GIS.

4. Benefits can be sanctioned only on the employee being acquitted by the Court or after conclusion of disiplinary proceedings in case the emplyee is missing after committing fraud.

5. Famly pension can be sanctioned as per conditions stated above in the case of Missing Pensioner also.

Note: In the case of mississing employee, Compassionate Appointment can be considered after two years from the date of missing.

(The author has served this esteemed organisation for 42 years. He feels anxiety and intensity for any lapse detrimental the well-being and image of ONGC. Hence, such writings.)

Saturday, November 7, 2009

M O R A L

There was a King who kept his harem several miles away from his palace. Each day he used to send a trusted servant to fetch a wife for him.Moral was quite plain. The servant died at 4O while the King lived 87. It is not the woman who kills the man. It is running after them.

Friday, November 6, 2009

CHURCHIL'S PREDICTION

While opposing the Bill to grant independence to our country, several decades ago, late
statesman Sir Winston Churchil said in the House of Commons:-

'Liberty is man's birth-right. However, to give the reins of goverment to Congress at this juncture is to hand-over the destiny of hungry millions into the hands of rascals, rouges and free-booters. Not a bottle of water or a leaf of bread shall escape taxation; only the air will be free and the blood of these hungry millions will be on the head of Mr. Atlee. India would be lost in political squabbles. It will take a thousand years for them to enter the periphery of philosophy or politics. To-day we hand-over the reins of the Goverment to man of straw, of whom no trace will be found after a few years."

Could we ever be so strong enough to disapprove and rebute the grim and poor picture of our abilities presented by this great politician of the world before the British Parliament several years ago ? This question has always been in my mind since the time I came to know about the said statement during my school days in the context of prevailing problems like unemployment, soaring prices, scarcity of foodgrains, adulteration in food and drugs, nepotism, corruption, political instability, black money, acceleration of production and demon of inflation etc. etc.

Still we have to see how we nullify the words of Churchil....................

Sunday, November 1, 2009

(ONGC) COMPASSIONATE APPOINTMENTS (???)

Oil & Natural Gas Corporation Ltd. (ONGC) is under statutory obligation to extend concession for Compassionate Appointment under relaxed standard of norms to the dependent family member of an employee who dies in harness and indigent circumstances while in service (inluding death by suicide, in case of missing employee if he had at least two years to retire and when an employee is retired on medical ground before attaining the age of 57 years).The limitation of such appointments is upto 5% of the direct recruitment made. Financial benefits received need not be a ground for rejecting the proposal viz-a-viz other adverse factors urging acceptance. In exceptional circumstances such appointment can be extended even when there is an earning member in the family.The services of an employees who has been extended Campassionate Appointment cannot be terminated.
It is, however, regretted that in ONGC, the above requirements are not being met with.

Monday, October 12, 2009

(ONGC) MEDICAL FACILITIES TO SON BEYOND 25 YEARS

Medical Attendance Rules, 1944, of the Central Government statutorilly apply on ONGC as ONGC is exempt from ESI Act. As such, all orders from the Central Government on Medical Facilities are also executed in ONGC irrespective of whether it was formerly Commission or now is Corporation. Once, there was an order from the Government to the effect that medical facilities would be extended to SON of an employee till he attains 25 years of age or starts earning, whichever is earlier.
The said order was duly executed in ONGC.. However, within few days of issue ,the Government reversed this order, but the same was not done in ONGC. As per existing provision of the MAR , a SON IS ENTITLED FOR THE MEDICAL FACILITIES TILL HE STARTS EARNING IRRESPECTIVE OF AGE LIMIT WHEREAS IN ONGC MEDICAL FACILITIES ARE NOT EXTENDED TO SON BEYOND THE AGE OF 25 YEARS WHETHER HE IS EARNING OR NOT.

Tuesday, October 6, 2009

SUCCESS

COMING TOGETHER IS A
BEGINNING
KEEPING TOGETHER IS
PROGRESS
GROWING TOGETHER IS
SUCCESS

(Ongc) - ORDERS OF ONGC ON REVISED HRA FOR PROJECTS ON MERGER OF PROJECT ALLOWANCE

The rates of House Rent Allowance (HRA) at different Work Centres of ONGC were initially revised w.e.f 1.1.89 from 10% to 15%, 15% to 17.5% and 25% to 30% in respect of ununionised categories of employees in accordance with Memorandum of Settlement (1989) between ONGC and Employees'Unions/Associations - O.M no.13(1)/87-HRA/EP dated 17,8.89 be referred to alongwith following orders of the ONGC issued thereafter:-
1. OM No. 1(22)/85-EP dated 23.10.89
2. OM no. 13(1)/75-GA/ENT/EP dated 22.7.92
3. OM no.13(1)/92-EH dated 27.7.92
4. OM no. 13(1)/75/GA/ENT/EP dated 9.9.92
5. OM No. 13(1)/91/HRA/EP dated. 18.9.92
6. OM No.13(1)/89-EP-HRA dated 9.2.93
7. OM no.13(1)/87/HRA/EP 26.7.93
8. OM No, 13(11)/91-HRA/EP dated 20.8.93
9. OM No.13(1)/89/HRA/EP dated 7.2.94 (for Baroda from 17.5 to 22.5% w.e.f. 1.1.92)
10.OM No. 13(1)/89-HRA/EP dated 24,9.94 (for Surat from 17.5% to 22.5% w.e.f. 1.1.92)
11.FAX no.4/95 dt. 7 .7.95 - enhancement of HRA for Ankleswar Project from 17.5% to 22.5% w.e.f. 1.192
12.fax nO. 5/95 dt. 7.7.98- enhancement of HRA for Ankleshwar Project
for employees posted at Ahmedabad from 25% to 27.5% w.e.f. 1.4.91 T 311291 and from 27.5% to 30% WEF1.1.92.
13.OM No.13(1)/95-HRA /MHN/EP dt,3.6.96 for Mehsana from 17.5% to 25% w.e.f.1.1.92.92
14. On account of above revision of HRA, the amount of recovery of HRR was also increased (OM No.3(7)/92-HRA - EH (Policy) datd 27,6,96 refers.)
15. OM NO. 11(19)/95/EP/Vol/IV dated 16.7.9? - admissibility of HRA also on Personl Pay arising on account of Pay Revison effective from 1.1.92

Sunday, September 27, 2009

THE HEROISM OF PANJABIS

The Heroism of Panjabis was highlighted with Alexander the Great's invasion on Panjab. In a letter to his mother he wrote, "I am involved in a land of leonine and brave people, where every foot of the ground is like a well of steel, confronting my souldier. You brought only one son in the world, but every one in this land can be called an Alexander".

IN BRIEF.....

WITH REFERENCE TO ASTO - ONGC -


- Elections for office-bearers of Executive Committee to be conducted by the Association (Periodicity to be mentioned). Department not to associate with the elections except that an official may act as an observer, if so desired by the Association.
(Clause 7(ii) of Central Civil Services (Recognition of Service Association) Rules, 1993)

REG HOUSE RENT ALLWANCE (HRA) IN ONGC -

- Central Govt HRA Rules apply on ONGC. According to the said rules:

HRA is admissible with reference to place of duty irrespective of place of residence

- Double HRA for employees posted in NE Region from outside NE Region.

(No excess amount of has ever been paid in ONGC. In effect, in 1988, in respect of various Projects of ONGC, respective Project Allowance was merged with the admissible HRA of particular Project (Refer Memorandum of Settlement (1988) and subsequent orders of ONGC)

Note :Project Allowance and Drilling Allowance were/are totally two separate facilities. Project Allowance was/is applicable only for Projects whereas Drilling Allowance was/is admissible in all the work-centers of ONGC including Dehra Dun, Delhi and Baroda etc.Yes, under the rules of the ONGC, Drilling Allowance and City Compensatory Allowance (CCA) are not admissible simultaneouslly.One has to opt either for DCA or for CCA.

REG ; MEDICAL FACILITIES ;

ONGC is exempt from ESI Act. As such, Medical Attendance Rules, 1944, of the Central Govt statutorily apply on ONGC

According to Hon'ble Supreme Court -

Govt is under statutory obligation to provide free health care to its employees including its retired personnel.

It is now well-settled that right to health is an integral to right to life

Govt is duty bound to bear the entire expenditure on heart surgery and hospital or hotel expenses incurred by its ailing staff, including pensioners.

According to NCDRC -

Retired employees can sue Govt for negligence under CGHS.This verdict , read with a ruling of the SC in 1995,that in-service Central government employees are consumers under the Central Government Health Scheme, now categorizes the entire working and retied work force as consumers, as far as health care is concerned under the Scheme.

Medical treatment facilities extended to a retired employee under CGHS could not be termed as "free service" as it was in consideration of service rendered by him to the government till the age of superannuation, which conferred a right on him to medical treatment prescribed by various rules of the scheme framed by the Center.

Service rendered by the government employees before retirement would be 'consideration' for providing medical facilities to him or his family members.

Hence, it cannot be said that the hospital which is subsidized by the government is rendering service free of charge.

According to Hon'ble High Court at Allahabad -

Medical Scheme is under welfare measures and cannot be equated with any other rules of ONGC inlcuding TTA (under this order medical facilities of 53 ex-employees of Bharuch and Anklesvar Project of ONGC were restored as the same were discontinued since the said employees on retirement, availed of TTA for settlement at places other than Bharuch and Anklesvazr but continued to avail of medical facilities at Bharuch and Anklesvar.

Sunday, September 20, 2009

MY GENETIC COSMETIC

My birth was an accident which took place without being consulted me.Born on 5th May, Baramula, initially pronounced as Varahmul, (Kashmir - India) to a Panjabi family migrated from North West Frontier Province (NWFP)) of Pakistan during partition. My father was from Vasandis of Mansehra (formerly called Palkhi Sarkar) and mother from Oberois family of Buttal (Baltistan). Geographically, located at the famous Karakoram High-way connecting China, Mansehra was separated from SWAT (Udhyan) by Buner village. Buttal was a town within District Mansehra itself bordering Kohistan desert. Thus,Mansehra and Buttal both were under the Hazara Division of Provincially Administrated Tribal Area (PATA) of Pastuns dominated North West Frontier Province (NWFP) of Pakistan.
Mansehra, which is termed as "Paradise on Earth", was popular for its mountains, valleys, rivers, magical lakes, forests, flowers and sarhad.It was really amazing. The green land of Mansehra was known for love, peace, beauty, smiling and charming. People were friendly, social, educated, well-behaved, civilized and hard-working. To the other side, Buttal was inhabited by Pastuns and Bloch people and Panjabi/Urdu elite. The constant invasions resulted in one of the most distinctive societies and and cullture in the region. The "Rebellion Culture" was the main characteristic of Buttal which the people of Buttal are still following. They are fighters, aggressive, adament, rigid, dominating, determined , courageous, open, interprising and can go upto any extent in friendship or animity and love or war.

Thus, the above two cultures designed my genetic costmetic and behaviour.

I am a mes mixture of hyper, creative, clumsy, grumpy, blur, funny, kind,chatti, courageous, straight-forward, simple, sincere, sensitive and sentimental. I am innocent like a child and stubborn like a bull. Yes, I live a life of hate and love as a fighter and a saint.

Friday, September 18, 2009

PLEASE EXCUSE ME

I am not conversant with the computer operation. As such, in -spite of best efforts, mistakes are happening. Would try to bring perfection. Till such time kindly co-operate.

- B. N. Vasandi

CLARIFICATION ON CLASSIFICATON OF CITIES FOR HRA

Some one has asked me to further clarify the classification of cities for the purpose of HRA. Hence, it is to clarify that classification of cities/towns is always done on the basis of population as per the census. Prior to the Sixth Pay Commission Report, the said classification as well as the respective rate of HRA payable with reference to Basic Pay plus Stagnation Increment plus NPA,if any, was (i) 'A - 1' (3O%),(ii) 'A', 'B-1' & 'B-2' (15%), (iii) 'C' (7.5%) and (iv) Unclassified (5%). Based on the recommendations of the Sixth Pay Commission this classification has since been revised viz A-1 to 'X'(30%), A, B-1 & B-2 to 'Y'(20%) and C & Unclassified to 'Z' (10%). Under the said revision, rates of HRA have been enhanced in respect of all the cities, except Brihan Mumbai,Chenai, Delhi and Kolkata.

According to above revision ,HRA rate i/r/o . Ahmedabad Asset is 20% (applicable to 'Y' category) and on adding the element of 15% Project Allowance, the total rate of HRA comes to 35% whereas a Delhi it is to be paid exactly @ 2O%., as Delhi does not come under any Project.

The concept of Project Allowance is universal. It is granted to compensate the employees for lack of amenities such as schools, markets, housing and dispensaries at the places of construction of major projects. Actually, on merger of Project Allowance with HRA, the employees of ONGC have become loosers. Had the Project Allowance been kept separate and independent, substantial upward increase in its rate might have taken place from time to time as is the case in other departments.The Project Allowance was being paid at varied %age for various Projects.

.

ONGC PAY REVISION (2007) - A CORPORATE FUN

Ahmedabad . Oil and Natural Gas Corporation Limited (ONGC), the first and only Indian Company to figure in Fortune's "World's Most Admired Companies List, 2007" has since arbitrarily revised the much- awaited Pay Scales of its executives with effect from January 1, 2007 without specifying the periodicity. The last revision ,effective from January 1, 1997, was for a period of 10 years. Decision in respect of E-6 level executives as well as on Perks and Allowances is yet to be taken.

On cursorily going through the revision order, a man of ordinary prudence would flatly term the same as a corporate fun and a classic example of ignorance, indifferent attitude and high-handedness.It is a revision minus revision. Rates of annual increment, notional increment on promotion and stagnation increment have drastically been reduced by 25 to 50%. Heavy reduction has also been effected in the House Rent Allowance(H.R.A) admissible at Projects. For fixation under the revised scales, Special Pay(SP) and Special Personal Pay (SPP), already being drawn by the executives, has neither been considered for fitment nor carried forward as a frozen amount). No benefit of predating of promotion has been allowed. As on 1.1.2007, the rate of Dearness Allowance (D.A.) was 98.6%, out of which 78.2% has been merged with the Basic Pay as on the said date by adopting 100% D.A. neutralization, thus, making the D.A. as on 1.1.2007 ZERO linked to AICPI 2001=100, which was 126.33 as on 1.1.2007.How and where the remaining 20.4% D.A. (98.6 - 78.2= 20.4) has been adjusted ? In effect, the merger of D.A. with Basic Pay in respect of the employees of ONGC became due w.e.f. 1995 in terms of clear stipulation made in the last Pay Revision as well as the guidelines of the Central Government/B.P.E., as the quantum of D.A. by that time already crossed the prescribed limit of 50% of the Basic Pay. Thus, the executives of ONGC have been deprived of the substantial benefit on this account also, whereas the said benefit was duly extended to the employees of Central/State Governments/PSUs including CSIF.

In view of the above as well as a number of other discrepancies in the revision order, a large number of executives are being paid lesser pay than what was being drawn by them immediately prior to the revision. In some cases, pay or the juniors has been fixed more than their seniors. In a good number of cases, recoveries have been effected. It is further feared by the executives that proposals are already afoot to restrict the total Perks and Allowances by a specified ceiling as well as linking the same with 50%of the Basic Pay.

It is beyond imagination ,how the highly qualified battery of senior and chief HR executives could not conclude that in no case H.R.A. has ever been paid in excess of the rate notified by the Central Government from time to time. In effect, the 'so-called excess amount' of H.R.A. was being paid at the Projects, contains the element of admissible Project Allowance merged with the respective H.R.A. of various Projects in terms of Mememrandum of Settlement (1988) signed between the ONGC and ASTO/Unions. Rather, in-spite of very clear provision in the H.R.A. rules of the Central Government, at no stage ONGC has ever allowed two H.R.As to the employees posted in the N.E.Region from outside the N.E.Region. The said rules also provide that H.R.A. is admissible with reference to the place of posting irrespective of residence. This provision is also not being complied with by ONGC, especially in the case of MRBC , Mumbai. Further, ONGC has also failed to take note of its statutory/legal obligations to ensure that a facility once granted can never be withdrawn, service conditions cannot be altered,initial pay, though fixed erroneously,cannot be reduced etc.etc.Under such provisions neither any ceiling can be imposed on total perks and allowances nor the same could be linked to any reduced percentage of Basic Pay.

Exposed to such an odd situation, ONGC' employees are completely demoralized, which would adversely effect their efficiency telling on the productivity of ONGC.Heavy exodus fro ONGC is in the offing just on reversal of the economy.

HOUSE RENT ALLOWANCE IN ONGC - CONFUSION

Statutorily, Central Govt Rules on HRA also apply on ONGC.No payment of HRA has ever been made in ONGC over and above the rates notified by the Central Govt from time to time. In effect, at one stage Project Allowance admissible at various Projects of ONGC was merged with the respective HRA of the Projects in terms of Memorandum of Settlement (1988) signed between the ONGC and ASTO/Unions. Further, the HRA rules of the Central Govt provide that HRA is admissible with reference to place of posting irrespective of residence. This provision is being violated by ONGC particularly in the case of employees posted at Mumbai Offshore Project.

Moreover, under the said rules, benefit of two HRAs is admissible to the employees posted in NE Region from outside the NE Region. This provision is also not being complied with by ONGC.
Classification of cities is aways based on population of particular city.There is nothig new in this regard in the present order of the Govt. that the earlier categories have been clubbed and replaced by X,Y,Z.. Rates of H.R.A. in respect of all the cities have since been enhanced EXCEPT in the case of formerly A-1' Class cities (now categorised as 'X') consisting of Brihan Mumbai, Chenai (UA), Delhi (UA), and Kolkata (UA) for which HRA rate has been retained at 3O% as was earlier applicable.. ONGC is bound to make HRA payment to its employees at the revised rates w.e.f. the date from which the said rates have been allowed for the employees of Central Goverment.

Monday, September 14, 2009

UNCALLED-FOR INTERFERENCE OF ONGC MANAGEMENT INTO THE INTERNAL AFFAIRS OF ASTO

Association of Scientific & Technical Officers (ASTO) is a private body of the officers of Oil & Natural Gas Corporation Limited (ONGC) constituted as per the standard clauses of Societies Act for the general welfare of its members and to safeguard their interests. ONGC has recognised the ASTO as a Service Association (but not like ONGC Staff Welfare Committee, which has an ex-officio Pesident under the patronage of CMD of ONGC or Trade Union). With a view to victimizing the striking officers, ONGC , in the recent past, however, has not only disbanded the ASTO or changed its constitution , but is also going ahead with the plans to conduct elections of the new ASTO body at its own as per the constitution drafted by ONGC itself. Unconstitutional provisons to this effect have also been inserted in ONGC(CDA) Rules. .Shameful ! A classical example of high-handedness of the management to interfering into the internal affairs of a private body formed under the democratic norms. At the most ,ONGC can derecognise the ASTO in case of severe proven lapses in terms of well defined rules on Service Associations, that too., after adhering to the prescribed procedure. Unfortunately, the problem with this number one company of India is that it has no fixed policy or rules on Service Associations or Joint Consultative Machinery (JCM) or Trade Unions as well as with regard to the facilities admissible to staff -side members of such units, whereas exhaustive rules for the same are well in practice for decades in other organisations, including the Central /State Government Departments.

For information of ONGC,Recognition of Service Associations Rules of the Central Govt, are reproduced below for formulating its own inbuilt rules within the constitutional frame-work:-
1. CCS (RSA) Rules, 1993 - Central Civil Services (Recognition of Service Associations) Rules, 1993, came into force from 5.11.1993 in supersession of 1959 Rules.

2, Application - Applicable to Service Associations of all Central Government servants covered by CCS(Coduct) Rules, 1965,including civilian employees in Defence Service. Not applicable to industrial employees of he Ministry of Railways and workers of Defence Installation for whom separate rules exist.

3. Conditions for recognitions :-

i) Application to be submitted with Memorandum of Association , Consititution, Bye-laws, Names of Office-beaers etc.

ii) Primary object of the Association to be of promoting common service interest of members of a distinct category.

iii) Association to be organised centrally on All Ministry/Department basis and to represent at least 35% of total number of employees in that particular category. There is a provision to have a second association with at least 15% of total number of employees. Such central association can have branches and the minimum percentage would not apply to branches.

iv) Membership to be restricted to a distinct category of employees and all such employees being eligible for membership.


v) Employees in service to be members or office-bearers . However, as a transit measure, retired/ex-employees permitted to continue up to two years from the date of recognition.

vi) Service Association not to represent interest of any caste, tribe, religion,etc.

vii) Funds, exclusively of subscriptions and Government grants, if any, to be applied only for the objects of the Association.
.


4. Conditions for continuance of recognition :-

i) The Association to abide by the Constitution/Bye-laws. Any amendment to the same requires Government's prior approval


ii) Representations, only on matters of common interest to members, but not individual cases,to be submitted through proper channel, and not to contain any disrespectful/improper language.

iii) List of members/Office-bearers, up-to-date copy of rules and audited accounts to be furnished to the Government anually before lst July.

iv) Shoul not maintain any political fund or propogation of the views of any political party.

v) Should not publish any periodical/magazine/bulletin without Government permission

vi) Should not act or assist any member to act in contravention of CCS (Conduct)Rules, 1964.

5. Check-off system of verificaton - Subscription to be deducted from payrolls on written consent of the official in favour of a particular association. Subscription to more than one associatton not allowed. Check-off system for verification followed to verify the members of an Association on the basis of deduction of subscriptions. Other guide-lies and schedule for conduct of verificationt on membership of Association to be followed.

6. Withdrawal of Recognition - Can be done after giving opportunity to Association on its failures to comply with any of the conditions.

7.Guidelines on the features of Constitution/Bye-laws of a Service Association :-

i) Accounting year - lst April to 31st March

ii) Elections for office-bearers /members of Executive Committee to be conducted by the Association .(Periodcity to be mentioned) Department not to associate with the Elections, except that an official may act as an obsersver, if so desired by the Association.

iii) Office-bearers to have fixed term not exceeding two years and number of office - bearers /members of Exeecutive Committee to be proportionate to the total membershp

v) Provision to be made in the Constitution that any amendment to be done only after the Government approval.

v) Rate of subscription to be deducted from pay

vi) Number of delegats from branches/units for attending Annual General Meeting to be specified;, number of branches also to be specified. No separate recognition necessary for branches.- Chapter 33.
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Note :for recognition of an Association, registraton is not necessary


INSPITE OF ABOVE, IF ONGC GOES WITH THE PLANS TO CONDUCT ELECTIONS OF ASTO AT ITS OWN, NO OFFICER SHOULD PARTICIPATE IN THE SAID ELECTIONS. RATHER, THEY SHOULD IMMEDIATELY RESIGN FROM THE MEMBERSHIP OF ASTO.

Saturday, September 12, 2009

MEMORIALS

To advocate the ethics of democacy ,Congress has recently advised its MPs and MLAs, belonging to the families of ex-rulers ,not to prefix salutations like Raja and Maharaja etc to their names - though they deserve more to be called like this by their people as a token of respect for their contribution, sacrifice and blood -line for centuaries. But, what about those politicians ,who, during their life-time, are unrelently going with the grandiose plans to build memorials to themselves for their personal glorification at the cost of public money. In effect, all political parties, which-so -ever comes in power, behaves like this. The only difference is color of their caps. .Let us see how Maya would react on the recent orders and diretive of the Hon'ble Supreme Court.

Wednesday, September 9, 2009

ONGC MEDICAL FACILITIES SCHEME FOR RETIRED EMPLYEES

Recently, Oil & Natural Gas Corporation Ltd.(ONGC) ,have issued one more "New Scheme" for medical facilities in respect of its retired employees. Under the said New Scheme,retired employees have been deprived of the medical facilities (for self , spouse and handicapped child, if any), from any of the ONGC Hospitals at various Work Centres, other than where he/she is settled and registered subsequent to the retirement .All clauses included in the new scheme, are contrary to the legal /statutory provisions, guidelines of the Govt, verdicts of various Courts, norms, precedents, practices, rules/regulations etc on the subject. Medical Attendaance Rules, 1944 also apply on ONGC., but while formulating the New Scheme, no consideration has been given to the said Rules, which contain well-defined updated inbuilt provisions.. Hence, blunders. According to the Central Govt Health Scheme (CGHS), the main purpose of having its own Hospitals/Dispensaries by the organisations is to extend comprehensive medical care to the employees and reduce expenditure on reimbursement. Contrary to the said fact, it is not understood on which logic, ONGC has decided to force its employees to take treatment from the private hospitals/doctors etc at heavy cost,that too ,in places where well -equipped hospitals of the ONGC with a battery of Doctors and other facilities are available. Hitherto, it was continuously being stressed that whenever any serving or retired employee of ONGC or his/her entitled family member(s) temporarily happens to be at any place where ONGC Hospital is in operation, it was essentially obligatory on him/her to ensure that he/she would take treatment from ONGC Hospital only and no one should directly go even to any empanelled/recognised hospital or doctor without prior reference issued by ONGC doctors.In case of hospitalisation,visiting persons were also required to take medicines only from the ONGC Hospital or from the recogised chemists on the basis of indents issued by ONGC. In case of a direct admission in any recognised Hospital ,in emergency, it was also a must on the part of the employee to inform the ONGC Hospital and collect necessary reference at the earliest . Under the new Scheme there would be no contact or relation between the visiting employee or the ONGC doctors whereas it was essentially required to get the medical reimbursement bills, if any ,to be countersinged/ verified from the ONGC Hospital of that place for restricting the admissible rates applicalble to that place..The earlier universally adopted procedure was not only convenient to employees but was also economical for ONGC.The new scheme would expose the retired employees and their entitled family members to severe hard- ships .Humane effors always apply for improvement. The need was to give some more facilities to the ex-emloyees instead of creating problems for them by formulating "oppressive " policy with a view to curtail the existing facilities.. It is well-settled that right to health is integral to right to life guaranted under Art 21 of the Constitution. Hon'ble Supreme Court has already ruled out that the government is under constitutional obligation to provide free heath care to its employees including the retired employees. In the matter , the land mark verdict of the Hon'bleSupremem Court in the case of K.P.Singh, former Union Govt Additionl Health Secretary vs. Panjab Govt is relevant to be referred to (a clipping from TOI dated 22.12.1995 in this regard has already been sent to ONGC separately.) .

Further, In one of its land mark decisions in the case of Jagdish Kumar Bajpai, National Consumer Disputes Redressal Commission(NCDRC) said that medical facilities to retired employees under CGHS could not be termed as "free service" as it was in consideration of service rendered by him to the government till the age of his superannuaton, which conferred a right on him to get pension as well as other benefits incluing medical treatment prescribed by various rules of the schemes framed by the Centre.As per verdict ,the NCDRC in the case, Retired employees can sue govt for the neglience. Relevant clipping from TOI dt. 7/11/O5 has also been sent to ONGC separately.
Also, in one important case of Anklesvar Project of ONGC, Hon'ble High Court at Ahmedabad has upheld the decision of the lower court for restoring the medical facilities of 53 employees and held that the medical facility scheme is a welfare scheme and cannot be equated with the other rules of ONGC and TTA (this case relates to 53 employees of Bharuch and Anklesvar , whose medical facilities were restored as the same were discontinued by the Ankleshvar Projet for continuously taking treatment from Bharuch /Ankleshvar whereas they opted for settlement at other places and took TTA on retirement for the same. Relevant documents regarding this case have also been sent to ONGC separately.MAR as well as list of inadmissible medicines is freely avilable in the market at a very low cost. Every body should purchase the same.