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Online Right to Information Application:-

Ministry of Labour and Employment 7/09/2017


New Delhi .

In terms of RTI act,2005. The workman be informed of the action taken, if any, in
respect of attached written application for cognizance in respect of the following,
including certified copy of relevant document of your office that action is taken or it is
under process, in an un-biased, honest and transparent manner.
Employer/Employer address e-mail address status
association
NIACL (The New India Divisional Manager, Khailand Jp.chouhan@newindia.co.in only
Assurance Co. Ltd) Market, Kotwali workplace of
Scheme,Ajmer-305001 workman
Chairman cum Managing gsrinivasan@newindia.co.in Head office of
Director,87, M. G. Road, Fort, workmans
Mumbai-400001 employer
GIPSA (General Insurers Public Ground Floor, 5, gipsadelhi@hotmail.com Policy makers
Sector Association) Jeevan Tara Building, Sansad body
Marg, NEW DELHI-110001.
Members of GIPSA:-in addition
to NIACL Members of
(a) Oriental Insurance Co. A-25/27, Asaf Ali Road,New Regulator -
sujaybanarji@orientalinsurance.co.in,
Ltd Delhi-11002 cum-
phemamalini@uiic.co.in,
(b) National Insurance Co. 3, Middleton Street, Kolkata- Employers
administrator@nic.co.in,
Ltd 700071 association
(c) United India Insurance 24, Whites Road, Chennai-
cmd@nic.co.in
Co. Ltd 600014

Issues as per the attached application:-

1. Whether the punitive rules of NIACL are manipulated to harass,


intimidate and destroy the career of an honest workman?
2. Whether the swapping of punitive rules were ever notified?
3. Abuse of office of NIACLs chief vigilance officer ;did CVO wrote a
wilful fraudulent statement?
4. Is the designation of workman swapped in a vicious manner by NIACL
decision makers?
5. Is the Personnel manual of the NIACL being followed by NIACL
decision makers?
6. Are the manipulative decision makers of NIACL taking advantage of a
working class? Was domestic nquiry/investigation an empty formality?
7. Is NIACL or its association GIPSA an honest/equal opportunity
employer?
applicant-workman, (SHRIGOPAL SONI) C231,Panchsheel Nagar, Ajmer-
305004. 91-9414982395 revribhav@gmail.com enclosed: details as above
1

Ministry of Labour and Employment (Central), 8/08/2017

Ajmer-305004.

Kind attention:- Dy CLC, ALC

Re: - Cognizance of Unfair Labour Practices

V/s The General Insurers Public Sector Association (GIPSA) &

The New India Assurance Co. Ltd (NIACL)

Rules abbreviations used against the workman in between 2008 to 2011

1. NIAC CDA Rules New India Assurance (a)Never published as


2003 Company Conduct printed book from 2003 to
Discipline and Appeal calendar year of 2009
Rules (b) Never placed on public
domain
2. NIACL CDA Rules Limited is playfully .as above
2003 added to 1.
3. GICDA Rules General Insurance Published in a booklet by
1975 Conduct ,discipline NIACL during 2008
and Appeal Rules Supplied to workman as a
citizen of India in terms of
Right to Information Act
3 different CDA Rules:-

a. Gyapan(s) of So called domestic CDA rules No.3 above


February 2008 and inquiry/investigations
May 2008 took place between
2008-2009
b. Two penalty orders of November 2009 CDA rules No.1 above
c. Two rejection of of May 2010 CDA rules No.2 above
appeal(s)
d. chairmans order of June 2011 CDA rules No.2 above
The workman , a stickler for Rules, seeks personal presence of CVO NIACL and
GIPSA chairman,for conciliation because of :-

Are there ethics applicable to Yes,there is (a) Book of Dos and


decision makers of NIACL/GIPSA Donts
Relevant ethics from book:- -be arbitrary and capricious in your
DO NOT decisions
-delay decisions and retain the
files for long
Is there a direction not to harass Yes, April 2008 directions issued by
the workman Central vigilance commission (CVC)
2

1. Facts:- (a). Every NIACL


The workman is appointed with employee is issued an
effect from 24/2/1988 at Ajmer order of being
NIACL ,his designation is Hindi relieved from
Translator. Status continues workplace. No such
,there is neither a consent nor communication is ever
any order for change in his issued to workman.
NIACL Ajmer argues designation.
the workman is not
their employee The workman is issued a transfer (b) in spite of two
order 5/6/2007 transfer orders there
The high court directs status quo. is no communication
The workman was issued an from either office of
order dated November 2009 of NIACL to workman to
dismissal upon presumption that join duties.
he is an assistant.
The only grave charge alleged
against the workman is:-
Transfer Policy (TMP)
as approved by GIPSA
stipulates no transfer
without need.

2.
NIACL argues the CGIT-labour court, order dated Ministry of Labour
matter is sub- 12/4/2016 that applicant publishes the award
judice (workman) has applied to dated 13/6/2016
withdraw the reference and the
employer vide communication of
15/10/2015 has no objection.
3. GIPSA has not 3. That the recruitment to the post of As submitted to the
Hindi Translator was made by the
appeared before New India Assurance Co. Ltd. Rajasthan High court,
you,however,its According to its service rules and Jaipur in respect of
further the post was categorized as S.B.CIVIL WRIT PETITION
fallacy is:- assistant vide order dated 24.03.2006. NO. 14838/2010

GIPSA tactics to evade NIACL admits that there is


injustice to Hindi Translators
its responsibilty the mandatory qualification
of an assistant is 12th std.
while a Hindi Translator (e.g.
the workman) is recruited
with ii class graduate, it has
referred the matter to GIPSA

The issues in the present circumstances, are:-

1. Whether the The service conditions Printed booklet


punitive rules of of workman mention published as per NIACL
3

NIACL are General Insurance Head Office RTI reply***


manipulated to Conduct Discipline and of CPI Cell/2008/56
harass, intimidate Appeal (GICDA )Rules of dated 3.06.2008 by
and destroy the 1975*** as per Inderjeet Singh, Manager
career of an appointment letter.
honest workman
(a) February 2008 {Ex-parte}* Domestic
(c) May 2008 gyaapan* investigations held under
the GICDA Rules-1975
(b)Suspension orders Power from
dated 10.4.2008 GICDA Rules-1975

The Penalty orders of Domestic investigations


(a) and (c) swap rules of a branch manager
shockingly as NIAC CDA held under GICDA Rules-
Rules 2003 1975
.
Penalties awarded or ( CDA Rules named February 2009:- CDA
ratified in terms of (a) either NIAC CDA Rules, Rules of 2003 placed on
NIAC CDA Rules 2003 or NIACL CDA Rules intranet (not public
(b) NIACL CDA Rules remain secret from 2003 domain) however ,
2003 during November upto February 2009) enforced from back date
2009 to June 2011 As per news published in Rajasthan High Court says
Dainik Bhaskar 6 August service rules cannot be
2008 altered by circulars
2. Whether the
NIACLs RTI reply to applicant
swapping of There is no circular workman dated 06.07.2017:-
punitive rules informing the GICDA We state the the New India
were ever Rules 1975 are Assurance Company Ltd.
(Conduct, Discipline and Appeal)
notified? swapped/altered Rules 2003 were in force from
2003 till 21.03.2014

3. Abuse of office of Vide reply dated 19 Existence of hindi


NIACLs chief Janauary 2009 the then translator is denied by
vigilance officer CVO, NIACL stressed 3 Head office of NIACLs
;did CVO wrote a times to Central Corp. Human Resource
wilful fraudulent Vigilance Commission
statement? that Mr. Soni is a Hindi
Translator

On August 22,2009 the workman informs The definition of employee is not applicable
the decision makers of NIACL:- to applicant with reference to # Rules 1975
4

4. Is the designation of During entire Chief Regional Manager


workman swapped in disciplinary of NIACL Jaipur Regional
a vicious manner by proceedings from so Office issues non-
NIACL decision called gyapan to farce speaking transfer letter
makers? of enquiry@ to dt. 22.06.2011
penalties,its Mr. Shri Gopal Soni
ratification to Hindi Translator
chairmans order from C-231, Panchsheel
February 2008 to first Nagar,
half of June 2011 the Ajmer-305004
workman is addressed
as assistant.
@please see issue no.6
5.
Is the Personnel Only the authority of NIACL chairmans no
manual of the NIACL chairman is specific order how the
being followed by empowered to create post of the workman is
NIACL decision post of an employee in abolished or re-created
makers? the NIACL
6.
Jaipur NIACL informs to the English version of
Are the manipulative comply with Supreme Courts
decision makers of charge sheet was never
transfer of RTI on 22/ 12
/2009 in reply of workmans supplied to you
NIACL taking
RTI 14 /11/2009
advantage of a appellant is an employee
working class? The central information of the ..(respondents) at
commission records 12 Jaipur and was placed
Was domestic June 2008 reply of under suspension for
enquiry/investigation Manager(s) of NIACL Head insubordination and
an empty formality? office:- misconduct.

7. The workman,despite
Is NIACL or its Less than 7% of the keeping best insurance
association GIPSA an alleged corrupt (in qualifications ,of no
honest/equal terms of PCA) in the vigilance or audit
opportunity NIACL are put to remark during career of
employer suspension. two decades {February
1988-2008} is never
promoted.

SHRIGOPAL SONI, (Workman-Hindi Translator)


C231,Panchsheel Nagar, Ajmer-305004. 91-9414982395 revribhav@gmail.com

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