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ALL
INDIA POSTAL EXTRA DEPARTMENTAL EMPLOYEES UNION
(Central
Head Quarter)
First
Floor, Post Office Building, Padamnagar, Delhi 110007
President: D.N. Giri
General Secretary
S.S. Mahadevaiah
GDS/CHQ/10/4/2008
Dated: 11.01.2013
To
Shri Alok Saxena Ji,
Chairman,
Committee on Ceiling for payment of
Bonus to GDS
Dak Bhawan,
New Delhi-110001
Sub:- Memorandum on the
Ceiling on emoluments for payment of bonus to GDS.
Sir,
We are submitting a short memorandum on the subject for applying the same
Ceiling on emoluments of GDS employees also as to other employees.
The committee may kindly taken in
consideration our views on the subject.
With regards.
Yours faithfully,
(S.S. Mahadevaiah)
General Secretary
Memorandum on
bonus-payment to G.D.S employees - Ceiling of Rs.3500/-
1. The concept of bonus
is based on the theme of deferred payment. The amount of bonus to be paid is
quantified in terms of emoluments for the Justified days-in the department of
Posts-on the basis of productivity for the particular year.
2. The Government,
however, have put a ceiling on the amount of emoluments without
any discrimination between the lower pay or the higher pay drawn by different
class of employees, who are engaged in the productivity. The same ceiling
applies to the employees drawing the lowest wages as to the employees who draws
the hightest wage among the eligible employees.
3. The concept of G.D.S
service, especially after the Supreme Court Judgement in Rajamma’s case, has
undergone basic appreciative change and improvement. The concept of
consolidated allowance has yielded place to the concept of Pay-Scales and
increments. This is a rights step in the right direction. Similarly the ceiling
on wages for payment of bonus has seen marked improvement to correctly
correspond to the payment of Bonus theory.
4. The Ceiling
on emoluments for Computation of bonus is a different matter from the
formula for measuring productivity. The ceiling on emoluments for
payment of bonus is neither based on the thesis of amount of emoluments drawn
by any employee nor on the thesis of productivity element. This is altogether
a different factor from formula for bonus for measuring productivity and
emoluments of the employee.
5. Based, correctly, on
this theme the same ceiling applied to all shades of employees till 2007 when
the ceiling was Rs.2500/- Even when the ceiling was raised to Rs. 3500/-. in
2008t he same ceiling was applied for all including G.D.S for one year.
Thereafter, for reasons not very apparent the ceiling for the G.D.S employee
was reduced from Rs. 3500/- to Rs.2500/- unilaterally and without any
opportunity to this union place its point of view in the matter.
6. The Nataraja Murti
Committee has tried to confuse the matter, relating it to, sometime casual
labourers and sometime, to bonus formula which is out of Context. The Supreme
Court, in the Rajamma case, have categorical ruled that the E.D. employees as
he was then called is neither a casual worker nor an agent and is a holder of
Civil Post under the state. Hence relating the G.D.S employees to casual
workers is neither proper nor Justified. It is further improper and unjustified
as also irrelevant to relate the issue of Ceiling to the productivity formula
as the two are different elements.
7. Several Benches of Central
Administrative Tribunal (CAT) as Patna, Chandigarh, Madras and Ernakulum have
recognized the Justification of the same Ceiling on emoluments being applied to
all classes of employees including the GDS employees and have handed down
Judgements to that effect.
Conclusion
It thus follows that there is every
Justification for the same ceiling on emoluments for the sake of payment of
bonus being applied to the GDS employees as to other employees. This is because
the emoluments of the GDS employees are higher than the ceiling of Rs.3500/-.
Hence there is every Justification for applying the ceiling of Rs.3500/- to the
emoluments of G.D.S employees also at present as is applied to other employees.
Sd/
(S.S. Mahadevaiah)
General Secretary