Wednesday 31 October 2012

MEMORANDUM TO DR. MANMOHAN SINGH

MEMORANDUM TO DR. MANMOHAN SINGH

Source: BMS     
HON’BLE PRIME MINISTER OF INDIA ON 12-10-2012
We bring to your kind notice that the WORKERS are very much worried due to the decision of the Government to allow FDI in Pension and Retail Trade and also with the increase of FDI in Insurance sector up to 49%. We feel that such decisions are against the interest of Indian economy in general and workers in particular. Sir, you are well aware of the fact that Pensionwasfirstintroduced in the Royal Services of Britain, in the year 1920 to bring in citizens with ability and of hard working in the administration. It arrived in our Country by The Act of India, 1935. The Supreme Court of India held that “The Pension is neither a bounty nor a grace bestowed by sweet will of employer, but a payment for the past services rendered. It was construed as a right step towards socio economic justice and a concrete assurance to the effect that employee in old age is not left in the lurch.”(AIR-1983-SC-130) The V Central Pay Commission held “Pension is the statutory inalienable and legally enforceable right earned by the civil servant by the sweat of the brow and being so, must be fixed, revised, modified and changed in the way not dissimilar to salary granted to serving employees””. In succession, The VI Central Pay Commission stated that operating pension scheme concurrently for the same set of employees is an open violation of Article 14 of our Constitution. Further, the existing system of pension are increasingly becoming complicated after the introduction of New Pension Scheme””... “Caution has to be exercised in initiating any further reforms”
Objective of Pension Scheme.
Sir, you will agree that the sole objective of Pension is to assist the retired, old aged person, weak, widow and disabled person for surviving and live happily and meet their need based requirements linked with consumer price index.

Hence various types of Pension Schemes came in to existence as following two categories :-
A. Contributory Pension Schemes.
(i) Government employees
(ii) Public Sector Employees.
(iii) Industrial workers under EPFO
(iv) Some schemes are also run by Post Office, Insurance and various Financial
Institutions. Under these schemes minimum and maximum pension is reportedly Rs. 12/- to 25000/- per month
B. Non-contributory schemes.
(i) Central Government and State Governments as per their various welfare
schemes provide Pension for weak, old, widow and destitute person in which minimum pension is nearly Rs. 300/- per month.
(ii) Hon’ble Ministers, M Ps and M L As and some others are provided pension after their retirement which is reportedly minimum Rs. 25,000/- per month. Thus it is to be noted that Pension varies from Rs. 12/- to 25,000/- per month or even much more. Some pensions are linked with consumer price index (CPI) numbers while most others are not.
It is also noted that while contributory pensioners get a meagre amounts, non-contributory pensioners like Ministers, MPs, MLAs and others get much higher rate of pension. When all pensioners have to face the same market for their needs why such a big gap is existing? This is neither rational nor justified. Introduction of new pension scheme for Government employees recruited from April, 2004 has created more problems.It is earnestly requested that all types of pensions must be linked to CPI numbers. When Government is unable to provide guaranteed pension linked with CPI numbers, how it decided to allow FDI ? As such introduction of FDI in pension will definitely create more anxiety to pensioners. Similar is the case of Retail Trade which provided employment for about 4 crores. In case of FDI in this sector they are going to lose their jobs and their family is bound to face poverty and hunger which will push them to commit suicide. Our LIC is the biggest service provider in the world and most successful in its operations. Then why Government wants to introduce FDI in this sector By hastily permitting FDI, Government is trying to cater to the interests of foreign investors and speculative market. It facilitates back door entry to foreign investors in the large area of Pension Funds. Government of India has not learned lessons from what had happened to lakhs of pensioners in US and European countries when their pension funds were invested in private funds and stock market. It had ended in social calamity from which their societies have not so far recovered. Government is working as a canvassing agent, facilitating big businesses and private industries at the expense of workers. Whereas, the Government is negligent in providing the much needed fund for welfare schemes under the Unorganised Workers Social Security Act, 2008 for the benefit of over 42 crore workers in the Unorganized Sector.

The Government had Nationalised Insurance sector due to widespread malpractices on the part of private companies. Now, again that is being reversed. This will facilitate foreign insurance companies to gain control over the savings of the people. Disinvestment is an outright sale of public property at throw away price. Government should stop disinvestment of PSUs, especially profit making ones like NALCO, RINL, MMTC, IOC, NMDC. Hence BMS demands the Government to bring out a white paper on the impact of 21 years of reforms in the country, before it takes reforms further. The pleas of collecting more fund for rapid development of infrastructure with the hard earned money of workers and at the cost of retailer has no precedent.

As such it is most irrational and so we oppose. We demand :-
1. Complete Ban on entry of FDI or share market in Pension, Retail and LIC sectors.
2. All Pensions must be linked with Consumer Price Index.
3. Uniform Pension for all as they have to meet similar market conditions.
4. Immediate meeting with All Central Trade Unions must be held by your good office.



With regards,
Sincerely yours,


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(Baij Nath Rai)
General Secretary

Monday 29 October 2012

Bharatiya Railway Mazdoor Sangh A fight for the cause of railway employees

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February 27, 2011




Page: 6/41
Home > 2011 Issues > February 27, 2011

48 years of Bharatiya Railway Mazdoor Sangh
A fight for the cause of railway employees

By Mahesh Kumar Pathak
BHARATIYA Railway Mazdoor Sangh (BRMS) is today a premier organisation fighting for the cause of railway employees since the last 48 years. Formed in 1962 at Gorakhpur as a unit of North Eastern Railway employees the organisation was duly registered in 1965. After the formation of zonal units, an umbrella organisation under the banner of Bharatiya Railway Mazdoor Sangh was formed in Agra on December 24, 1965. Its first convention was held in Mumbai from May 26 to 27, 1966.

The BRMS was formed purely on the nationalist thinking. Although, two already recognised unions were active among railway employees-All India Railway Men’s Faderation (Hind Mazdoor Sabha) based on leftist socialist ideology and the National Federation of Indian Railway (NFIR) as a unit of Congress party. But none of them was basically serious to the well being of the railway employees.

When I look back at the journey of BRMS I find many exclusive milestones in it. The country has not forgotten the historic railway strike of 1974. The decision to call the strike had to be taken when all the efforts of dharna, demonstration and dialogue failed to produce any positive result on six major demands of the employees. A national committee for this objective was constituted at the national convention in New Delhi on February 27, 1974. All the railway employees’ organisations, excluding the INTUC, extended full support to the committee. Shri George Fernandes, the then president of All India Railway Men’s Federation was appointed convenor of the Joint Morcha for Struggle. Apart from the representatives of different railway employees’ organisations, Shri Gajanan Rao Gokhle as working president and Shri Manohar Pathak as organising secretary, represented the BRMS. The Railway Ministry was given an ultimatum either to accept the demands of the employees before April 10, 1974 otherwise they will be forced to go on strike. Prominent demands of the employees included salary equal to the employees of leading PSUs like BHEL, SAIL etc., dearness allowance in every six months and bonus. It is to be noted that the demand of bonus was exclusive raised by the BRMS and the representatives of other unions then ridiculed it.

When all rounds of dialogue failed, the strike was finally called on May 8, 1974. The government arrested Shri George Fernandes on May 2 itself in order to foil the strike. Many other senior workers too were arrested. But the BRMS workers played a key role in continuing the fight. All atrocities by police and army failed to foil the strike.

Since the demand of bonus was primarily made by the BRMS, it continued its fight for it. Hundreds of workers, under the banner of Uttar Railway Karmachari Union staged a day long dharna for it outside the residence of the then Union Finance Minister Ch. Charan Singh. But the result was zero. The fight continued. Meanwhile, the BRMS decided to call an indefinite strike from December 20, 1979. The notice for the strike was served in advance. When the news spread all over the country, those who used to ridicule this demand, also got alerted. Meanwhile Ch. Charan Singh became the Prime Minister and on November 13, 1979 he announced bonus for railway employees on the basis of production. After this announcement, the BRMS withdrew the call for strike.

The BRMS also fought for recognition to railway unions. For the first time the British Government had recognised a union (AIRF) in 1925 on the basis of 10 per cent membership. After Independence, Sardar Patel granted recognition to another union (NFIR) in 1949. But this time the percentage of membership rose to 15 per cent. Later, it was fixed 30 per cent following the suggestion of the Railway Reforms Committee. The unions which got the recognition took it as lifetime recognition. The facilities that they enjoyed after getting the recognition made them lazy and it also reduced their interest in resolving the problems of the railway employees. The fighting spirit in the unions also vanished. But the BRMS continued its fight and became very popular all over the country. Despite qualifying all the criteria for recognition, the rail administration continued to ignore it. It may also be due to the pressure of both the already recognised unions.

The BRMS presented a memorandum to the then Railway Minister Shri Madhu Dandawate on May 9, 1979 demanding secret ballet. The BRMS staged a massive demonstration outside the Railway Ministry in New Delhi on May 8, 1979. The BRMS continued its fight. On June 26, 2002 the Railway Ministry directed all the General Mangers to grant recognition to BRMS affiliated unions. It was informed to the BRMS through a letter on June 28, 2002. But both the earlier recognised unions went to the court where the mater remained hanging in balance. Finally, the mater went to the Supreme Court which on March 8, 2004 directed the Railway Ministry to conduct secret ballet. But the Railway Ministry continued to ignore the apex court’s directives. After some time the BRMS again took the matter to court and the court on March 22, 2007 issued clear directions to the Railway administration to conduct elections within six months. Finally, the administration had to issue notification for secret ballet. The elections were held on November 26, 27 and 28 2007. Many attempts were made to postpone the elections. But the BRMS was infavour of introducing democracy in the railways at any cost. The BRMS finally won in two zones and NFIR (INTUC) lost in seven zones. The credit for introducing secret ballot in the Indian railways also goes to the BRMS. Our fight for the cause of the railway employees will continue in the same spirit as we have been fighting till now.