No.

BSNL/39-3/SR/2011

Dated, the 10th April, 2012

Sub:

Minutes of the 26th meeting of the National Council held on 27th February, 2012 under the chairmanship of Director (HR), BSNL B o a r d.

The 26th meeting of National Council was held at 11.00 AM on 27th February, 2012 in the Conference Hall, Bharat Sanchar Bhavan, New Delhi. The list of participants is available at Annexure-I. 2. While welcoming the Chairman and other members of National Council, both from the Official side as well as Staff side, PGM (SR) mentioned that this meeting of National Council has been delayed due to certain unavoidable circumstances. He also mentioned that we look forward to very positive deliberations during the meeting. He mentioned that the company is going into crises on various counts, not only organizationally but also financially and administratively. It is imperative that we work in a very holistic manner so as to ensure growth of the organisation. 3. Shri A.N. Rai, Director (HR) welcomed the members of the National council and colleagues from the Corproate Office to this meeting. He mentioned that although frequency of the meeting is quarterly, but the meeting is delayed due to certain circumstances beyond our control. He also mentioned that the meeting of National Council under his chairmanship is taking place for the first time. Role of HR is always important, especially when the company is going through various types of crisis and financial health of the company is not good. Lauding the role of unions and associations in the organisation, he mentioned that he has witnessed their constructive role during the last 30-40 years who have been functioning in a very responsible manner. While concluding, he expected that the unions and associations shall continue to play significant role in the growth and development of the organisation and have very healthy discussions in the meetings of National Council, as well. 4. While addressing the National Council members, ED (Finance) mentioned that Director (HR) has rightly pointed out that as we all know the financial health of BSNL is in precarious condition. Whatever we are earning, most part of it is going into working expenses and nothing is left for capital expenses. In such a situation, we have to think of measures how to reduce the expenses and increase our revenue. Any suggestion from the Staff Side is welcome. 5 .1 After welcoming the Chairman and other members of National Council, Mr. V.A.N. Namboodiri, Leader Staff Side mentioned that before starting todays proceedings, we all pay homage and respect to Mr. Chandershekhar Azad, a commander of the

revolutionary army, who was shot dead by the British army on 27th February, 2012 at Allahabad. Thereafter, he mentioned that Director (HR) and PGM (SR) have already spoken about the delay in holding this meeting of National Council, which is taking place after eight months. He expressed hope that such a delay will not happen in future and the meetings shall take place at regular intervals so that the issues are discussed and resolved in time. In this connection, he also mentioned about delay in holding of Circle level and Local level meetings. Probably Coporate Office has to set an example by way of holding meetings in time so that the position is corrected in the field units, as well. 5 .2 Further, Leader, Staff side mentioned as per the decision in the National Council, we have formed Works Committees in SSAs to ensure that the management and staff side in the field discuss matters relating to improvement of services, development and expansion; and not issues relating to staff. In most of the SSAs, the meetings of Works Committees are not taking place, so we request the management to ensure that these meetings take place regularly so that the staff side and the management discuss the important issues for growth and development of the company. He further pointed out that 50,000-1,00,000 casual labour have been engaged in the company throughout the country for the last 10 or more years and they are being exploited in such a way that whatever be the laws, whether Minimum Wages Act or Industrial Disputes Act or Contract Labour Act or other social security measures, they are not paid their due. They are working more than the regular employees because their future depends on the work. Despite the fact that various orders are issued by the Corporate office, but they are not implemented in the field units. Regarding their wages, instructions have been issued in 2010 relating to applicability of Central Government labour laws. They should be paid minimum wages as notified in the Government of India gazette and the instructions issued from time to time scrupulously followed. 5 .3 As regards Bonus, in the wage negotiation meetings we have made an agreement with the management on 15.1.2010. Under item no. 5 of the agreement, new performance-linked scheme is to be worked out expeditiously in consultation with the staff side. It is already two years, but so far the management is continuing with the old procedure , i.e. award of MOU grading by DOT. The staff side demands that new formula has to be evolved in consultation with the union. Similarly, the Staff side has an agreement with the management for payment of HRA in accordance with the guidelines of 6th CPC governing grant of HRA to Central Government employees. The staff side demands to take up the matter with DOT and resolve the same expeditiously. 5 .4 There are about 20,000 new recruitees. After formation of BSNL, TTAs and JTOs have been recruited and casual labourers regularised. The issues relating to their pension and retirement benefits need to be settled immediately. All the employees, who have come from DOT, they will get Government pension, but for BSNL recruitees the management has to take a prompt decision. It is admitted that TTAs and JTOs will retire after putting in approx. 30 years of service, but some of the casual labourers may retire in the near future. It is not known whether they will be eligible for pension from EPF or New Pension Scheme 1995 or some other scheme. The staff side may be kept informed of the factual position by the management in this regard.

5 .5 The Leader, Staff side thanked the management for issuing orders relating to allotment of vacant quarters to the pensioners. He demanded that the pensioners should not be made to pay licence fee on the basis of his last basic pay, but on the quantum of his pension, which is normally half of his last basic. He also demanded that the clause relating to furnishing of a guarantee from a serving employee be done away with since none of the serving employee agrees to stand surety for a retired employee. The staff side demands that immediate orders be issued in this regard. While concluding, he once again thanked the management and expressed hope that in this new year, the National Council will be able to take suitable important decisions relating to improvement of services, growth of the company and grievances of the employees. 6 .1 The Secretary, Staff side welcomed all the members, both from the official side as well as from the staff side. He mentioned that briefly he wants to bring one or two issues to the notice of the management. The DOT has approved NE-12 pay scales. He thanked the management for taking keen interest as a result of which approval has come expeditiously. The Staff side also made efforts with DOT. The DOT approval has come but certain conditions have been attached with the approval, one of which relates to implementation from a prospective date. From the union side, he mentioned that the union has already given a letter in this regard. He requested the management to issue necessary orders immediately so that employees are benefited of NE-12 pay scale before superannuation. Every month, a number of non-executive employees are retiring without getting the benefit of this pay scale. 6 .2 As regards NEPP, he mentioned that the scheme has already been implemented and the management has also issued a number of clarifications. The clarifications relate to the issues raised by the field units. No clarification has been issued on the points raised by the staff side. Rather, the management has issued clarification on certain issues which the staff side has not agreed to in the meetings of the Promotion Policy. He highlighted the important issue of entries in the ACRs of non-executives. He mentioned that normally Satisfactory or Average entries are made about 4-5 years back and those entries have not been communicated to the employees concerned, especially the TMs. Adverse entries have to be communicated and in case they have not been communicated, they should not be taken into account for the purpose of assessing an employee for his promotion. Consideration of ACRs for the purpose of promotion be made effective from a prospective date. Although the Staff side has sought a meeting to discuss these issues, but the management has not obliged. 6 .3 On the Medical Re-imbursement Scheme, he mentioned that a Committee was appointed as per the decision of National Council and he was representative of the nonexecutive employees. Unfortunately, decisions were taken by the Committee in his absence and some of the decisions are not beneficial to the employees. He mentioned to have lodged a complaint also. He mentioned that in case an employee undergoes by-pass surgery, it should not be insisted that treatment is taken only from an empanelled hospital. He should be given the liberty to select a hospital of his choice, but the management can restrict reimbursement of bills as per CGHS rates, because some of the good hospitals do not opt for empanelment with BSNL. This is the problem of the executives, as well. As such, he insisted that another committee may be constituted or some mechanism devised so that the employees are not put to hardships.

6 .4 Another issue concerning casual labour was mentioned by the Secretary, Staff Side. The services of about 51 casual labourers, rather TSMs, working in Chennai Telephone District for the last 20 years have been terminated on the ground that they have produced fake certificates 20 years back. Everything is settled by now and they have put in 10 years of service in BSNL also. He requested the Chairman to consider their case sympathetically. 6 .5 Further, Secretary, Staff side spoke about cyclone in the month of December in Tamil Nadu and parts of Pondicherry. The management has decided to give the affected employees interest-free loan of Rs.5,000/- as Natural Calamity Advance. He requested the Chairman to increase the amount of interest-free loan to Rs.10,000/- since the amount of Rs.5,000/- is very meagre and was fixed by DOT about 20 years back. He mentioned that employees working only in Cuddalore and Pondicherry SSAs are eligible for grant of Natural Calamity Advance and the CGM, TN Circle is not likely to demand additional funds for this purpose. 7. With the permission of chair, Mr. P. Asoka Babu, Member Staff side mentioned in the last National Council meeting held in June 2011, the Staff side was informed that any proposal for grant of 5 increments to executives appointed in pre-revised E1A pay scale after 1.1.2007, if any, under consideration of the Committee, is not known to the management, but after some the management has issued orders for grant of 5 increments to executives appointed in pre-revised E1A pay scale after 1.1.2007. For non-executives also, similarly there are anomalies to be settled and in fact one committee was constituted, but nothing has come out. The Staff side therefore demands anomalies of non-executives appointed after 1.1.2007 may be settled otherwise the employees will have a feeling that the management is favouring the executives. Since this is a heart-burning issues, it needs to be settled immediately. 8. Thereafter, the agenda items were taken up for discussion.

8 .1 . Utilization of Telecom Factories The Staff side mentioned that BSNL is procuring Telecom equipments from the market whereas the Telecom Factories which are in house Production units of BSNL are neither being utilized fully nor they are being upgraded to meet the present day requirements of higher technology products. The staff side demanded that the TFs should be given not only annual targets but adequate workload should also be ensured in each factory throughout the year so that the infrastructure and manpower available in the factories should not remain idle or underutilized. In response to the demand of Staff side, it was informed that Telecom Factories are passing through a very difficult phase due to massive reduction in the workload there. Out of total 7 TFs, the main product of 4 Telecom Factories are Towers and due to reduction in demand of towers, these factories are facing acute idle labour situation since last two years. There is shortage of workloads in the remaining three factories also. With a view of gainfully utilize the available infrastructure and manpower in these in-house production units, a number of initiatives have been taken by TF Cell in the Corporate Office under the guidance of top management of BSNL to overcome the present difficult scenario in the factories. Different Business Models have been worked out for gainful

utilization of the factories in coming years and they are under advanced stages of consideration at the highest level of management at Corporate office, New Delhi. Telecom Factory, Richhai, Jabalpur & Gopalpur, Kolkata are having modern galvanizing Plants with very good MS fabrication facilities, which are presently underutilized. It has been decided to invite Expression of Interest (EOI) from among reputed firms/bidders to select a suitable partner/collaborator for utilization of M S Fabrication and Galvanization Infrastructure available in these factories. The other business model under consideration of management is for setting up manufacturing facilities for different Electronic/Telecom equipments & products in collaboration with Original Equipment Manufacturers (OEMs) in different Telecom Factories. The collaborator will be required to arrange CAPEX as well as Working Capital and will also arrange supply of raw materials/components for manufacturing these Products in the factories. They will be assured orders for minimum 50 % of the requirement of BSNL. In return, BSNL will get Infrastructure usage charges, manpower cost and a share in the total revenue. Under this model, a variety of Products viz. Akash Tablet PCs, SIM/ SMART cards, VRLA batteries, BB Equipments and CPEs, SPV Power Supply for Telecom/Non-Telecom applications, Optical Fibre Cable and Accessories, DWC Pipe etc are being considered. Once the proposals are approved, EOI will be invited from the prospective Collaborators/firms and based on these EOIs final collaborator/Partner will be selected. The Staff side demanded that they want a discussion on the proposed New Business Model before finalisation of the EOI, but the official side clarified that the Staff Side will be suitably apprised after finalisation of EOI. It was also decided to approach C-DOT for transferring their technology for different item to Telecom Factories. Further on demand of Staff Side, it was agreed to reiterate instructions to the Circles for obtaining "No Objection Certificate" from TF Cell, Corporate Office before taking any action for purchase of Factory products from the market. 8 .2 Restructuring of Industrial cadre -The staff side mentioned that on introduction of new technology, the field staff have been given facility of upgradation of skill through restructuring of cadre but the same has not been extended to Industrial cadre in TFs. The executives in the Engineering cadre have also been upgraded but the Industrial staff were ignored. The committee constituted to address this issue has submitted recommendations to Management through GM (TF), C.O. long back but the same is lying pending for years together. In response, the official side informed that the recommendations of the Committee for restructuring of industrial cadre have been implemented partially. However, the recommendations regarding upgradation of posts etc which were having financial implications could not implemented till date. On a fresh proposal given by union, CGM, TFs have been requested to furnish comments alongwith financial implication and the same is awaited. Since the Committee submitted its report in 2006 and a final decision is yet to be taken on its recommendations, it was decided to get the pending recommendation reviewed afresh, keeping in mind the suggestions received from the union. The Chairman decided that whatever recommendations can be implemented, we will implement them without any further delay so as to finally close the issue.

8 .3 Grant of Restricted Holiday - The staff side mentioned that the industrial workers are not granted two restricted holidays as in the case of non-industrial workers. In response to the demand of staff side, it was informed that the industrial staff is governed

by the order/instructions being used by CLC for all purposes including grant of RH. So far no provision has been made for grant of RH to industrial workers. Moreover, a comparison cannot be made between the industrial staff and non- industrial staff. The industrial staff is given certain additional benefits such as higher rate of OTA etc. Thereafter, the Chairman decided that the issue can be examined keeping in mind the legal implications involved and ensure that provisions of any rules are not contravened. 8 .4 Standing order for Industrial workers - The staff side mentioned that a draft Standing order was under consideration of BSNL Management for sometime back and demanded that they should be finalized in consultation with the Staff Side without any further delay. In response, the management side informed that a proposal is under process for seeking exemption for BSNL from framing of Standing orders for industrial workers so that CDA Rules 2006, can be made applicable to industrial workers as well u/s 14 of lE (30) Act 1946. On reiteration of Staff side for early finalization of CSO, the Chairman agreed for the same if the efforts to seek exemption from Ministry of Labour don't succeed. 8 .5 Relaxation in qualifying service for SC/ST Officials in promotions under NEPPThe Staff Side mentioned that the agreement on NEPP assured to implement all the constitutional safeguards for the SC/ST employees in the promotions under NEPP, but the management is not implementing reservations in the NEPP promotions on the ground that such reservations are possible only in the case of post based promotions and since NEPP is not a post based promotion scheme, the reservations are not possible. In support of their demand, the Staff side referred to OTBP/BCR scheme and also the provision of one year relaxation to SC/ST employees in State Trading Corporation in the qualifying period of service at each stage of promotion under time bound promotion scheme. In response, the official side clarified that BSNL is scrupulously following all the instructions/ guidelines issued by GOI/DOP&T regarding reservation policy in respect of SC/ST employees working in BSNL. The up-gradations under NEPP are not linked with availability of posts and thus, as per the DOP&T guidelines the provisions relating to application of post based roster i.e. reservation for SC/ST employees are not applicable in this case. However, as a concession, relaxed standards of evaluation for the purpose of time bound IDA scale upgradations under Executive Promotion Policy (EPP) and NEPP have been provided for SC/ST employees. Moreover the Chief Liaison Officer (SCT) was also consulted. It is also mentioned that due concessions are already being given to the SC/ST employees of BSNL. There is no discrimination towards the said category of employees which violates the constitutional provisions. Further, it was mentioned by the official side that applicability of reservation while placing officials under OTBP/BCR as per DOT letter no. 1-38/98-MPP dated 20.4.1999 was examined in consultation with DOT & DOP&T and the same was withdrawn vide letter no. 250-57/2002-Pers.III dated 22.4.2003. This order of 2003 has been upheld by the Honble High Court of Ahmedabad also vide order dated 19.9.2005. Recently, the Honble Supreme Court of India has also held under its order dated 6.9.2011 that BCR/OTBP were schemes of upgradation and didnt invite the rules of reservation. It was agreed that Staff side would give its views along with the ruling position in writing and the same shall be forwarded to DOT for their comments.

8 .6 Filling up of SC/ST /OBC backlog vacancies - The Staff side mentioned that in spite of several circulars from Corporate Office, there is no progress in filling up the SC/ST/OBC backlog vacancies. As per the DoP&T circular dated 26th July 2011, all the available backlog reserved vacancies of SCs, STs and OBCs have to be filled up by 31.3.2012. In response to the demand of Staff side, it was informed that instructions have already been issued to the Circles for filling up the backlog vacancies in SCs/STs/OBCs through SRD. It was also mentioned that a special drive to fill up vacancies in TTA cadre for SC/ST/OBC/PWD has been re-launched in four Circles, viz. NE-I, Gujarat, Tamilnadu and Chattisgarh and exam is scheduled to be held shortly. Further, another JTO SRD has been re-launched for filling up the backlog vacancies of PWD candidates in all 27 recruiting Circles. The exam has been held on 19.2.2012. The circles have been directed to declare their result by 31.3.2012. It was further mentioned that SC/ST vacancies in the grade cannot be filled up where SC/ST candidates are not available in the feeder cadre. 8 .7 R e s e r v a t i o n i n p r o m o t i o n -t r e a t m e n t o f S C / S T c a n d i d at e s p r o m o t e d o n t h ei r o w n m e r i t - i m p l e m e n t a t i o n o f t h e D o P & T O r d e r d a t e d 1 0 - 8 - 2 0 1 0 retrospectively with effect from 2-7-1997 The staff side pointed out that as per the DoP&T order dated 10th August 2010, the SC/ST officials promoted on their own merit and not due to reservation or relaxation of qualifications have to be adjusted against unreserved points and not against the reserved points of the reservation roster and it has to be implemented retrospectively with effect from 2.7.1997, the date on which the post based reservation was introduced. It is requested to implement this order fully in all circles, for all cadres. In response to the demand of Staff side, it was replied that DOPT order dated 10.8.2010 are being implemented in BSNL. However, in case the staff side has any specific case to their knowledge, the same can be brought to the notice of management. 8 .8 Clarifications required on NEPP - The Staff side demanded that clarifications on the following points may please be issued immediately i) The DoT recruited officials who got their promotion/up gradation in BSNL between 1-10- 2000 to 1-10-2004 and got a post based promotion after more than 7 years after the first promotion/up gradation are to be given their second promotion under NEPP on completion of 7 years after their first promotion. ii) Some officials who were Sr. TOA in DoT got request transfer to another recruitment unit after 1-10-2000 in BSNL. For technical reasons, before their relieving on transfer they were reverted as TOA and after some time after their joining in the new unit they got Sr. TOA scale again. Such officials were in Sr. TOA pay scale since 1-10-2000 to 1-10-2004 except for a short break period when they were in TOA scale. They are to be declared as eligible for the first upgradation under NEPP on 1-10-2004, ignoring the break period. The drivers' pay scale was upgraded from 3050-4590 to 3200-4900 as per the revised RRs, with effect from 28-1-2002 and all the Drivers in the ordinary grade were placed in this upgraded scale. No agreement is there between management and union to count such placement on account of

iii)

change in RRs as the first up gradation under NEPP. Such up-gradation due to changes in RRs are not personal upgradation of the particular official. It is the cadre that is upgraded. The promotions under NEPP are personal up-gradations. Therefore such cadre upgradation should not be counted as upgradation under NEPP. Hence all these officials be given their first upgradation on 1-10-2004 since they are in the same basic cadre pay scale from 1-10-2000 to 1-10-2004irrespective of the change in the scale on 28-1-2002. In response to the demand of Staff side, it was informed that on issue (i), clarification has already been issued on 28.9.2011, and in response to issue (ii), it was suggested that details of the cases maybe furnished so that general clarifications can be issued, if required. As regards issue (iii), it was informed that the issue needs further examination. 8 .9 Request for correcting the wrong clarification issued by Corporate office on the issue of eligibility for promotion to TM - The Staff side mentioned that vide its letter No. 250-8/2009-Pers-III(Part-3) dated 24-5-2011 the BSNL Corporate Office had clarified to Chattisgarh Circle that the Junior Sports Assistant who appeared in the said examination did not complete the two year probation period and hence not eligible for appearing in the examination. But as per the Recruitment Rules of Telecom Mechanics of 2002 circulated vide BSNL CO No. 250-74/2001-Pers-III dated 20-2-2002, there is no such provision barring the official who has not completed two years probation period from appearing in the examination. Moreover when even the TSMs are eligible to appear in the examination, the JSAs are automatically eligible irrespective of completion of probation period or not. It is therefore requested to correct this clarification so that the JSA is given the due promotion as TM. In response, it was informed that the issue is under examination. 8 .1 0 Grant/Renewal of HRA to the staff posted in a village within 8 KM of a city on par with the city-Request for settlement of the cases pending with the DoT/BSNL The Staff side mentioned that several cases where the staff posted in a village within 8 km of a city have to be paid HRA on par with the city are pending with BSNL/DoT since a long time. For some cases the HRA is to be granted on par with the city and for some cases it has to be renewed. For example the case for renewal of HRA for the staff posted in village Poranki which is within 8 km of Vijayawada (AP) is pending since a long time in DoT. It is requested to take necessary action for immediate settlement of all these cases. In response, it was informed that the proposal in this regard has been sent to DOT for approval and the case is being pursued also.

8.11 Presidential Orders for absorption in BSNL the left out cases The Staff side mentioned that some officials although opted for absorption in BSNL were not issued with the Presidential Orders due to administrative lapses, for example Assam Circle. The Staff side requested for action for settling this issue. In response, the management side referred to 51 cases of Group C & D officials, which
includes one RM from Assam Circle and all these cases are pending for want of disciplinary clearance. Disagreeing with the management view-point, the Staff side mentioned about 250 cases from Bihar Circle. These cases relate mostly to TSMs, who have been regularised after 1.10.2000 and the management is treating them BSNL

recruited employees. This is not correct. The staff side further mentioned that there may be more cases and the information can be obtained from the Circles. The official side mentioned that the list received from Bihar Circle contains most of the cases where TSM status has been conferred after 30.9.2000 and hence are not eligible for issue of P.O. Circle has been asked to thoroughly examine each case and send the final report. Further, it was agreed that a letter may be sent to all the Circles to process the cases pending for issue of Presidential Orders. 8 .1 2 Counting of LDC TA service as eligible service for appearing in the TTA 40% quota exam - The Staff side mentioned that while the recruitment rules provide for counting the TOA service as eligible service for appearing in the TTA 40% quota exam, the LDC TA service is not allowed to be counted. It is requested to cause immediate orders to remove this discrimination by allowing LDC TA service to be counted for appearing in the TTA 40% quota exam. In response, the official side informed that TTA 40% quota examination for the year 2008 is yet to be completed in five Circles. Those officials who had opted for the main stream cadres of TOA/Sr. TOA in 2003 and could not appear in the examination will become eligible to appear in the next LDCE for TTA. Further, BSNL C.O. has already issued the approval of competent authority for holding TTA 40% Exam for RY-2011 after ensuring that Exam for the RY-20008 is concluded. 8 .1 3 Violation of decision of the National Council, in respect of change of designations of the Non-Executives - The Staff Side mentioned to have taken up the issue of changing the designations of the Non-Executives in the National Council. As per the decision of the National Council, a committee, consisting of representatives of Staff Side and the Official side was formed, under the chairmanship of the DGM (Restructuring). A few meetings of the committee also took place. Thereafter, the Chairman of the committee has stopped calling the meetings. In response, the official side informed that a meeting of the Joint Committee has taken place on 23.2.2012 in which certain revised designations of non-executives have been given to the Staff side. Thereupon, the Staff side mentioned that they intend to discuss the same internally and apprise the official side in due course. 8 .1 4 Request for diversion of posts from Direct Recruitment Quota to Departmental Quota in the cadre of Telecom Mechanic in HP Circle - The Staff side mentioned that HP Circle has conducted the LDCE on 25.04.2010 for promotion to the cadre of T.Ms for 133 notified vacancies for the recruitment year 2008. 118 vacancies were filled up through this exam. However, still 135 vacancies of Telecom Mechanic, belonging to the 50% Direct Recruitment Quota of the year 2008 are lying vacant. Therefore, the staff side demanded that all the 135 Telecom Mechanics posts belonging to the Direct Recruitment Quota of the year 2008 may be converted into Departmental Quota. In response, the official side informed that as per the Recruitment Rules,

diversion of posts from Direct Recruitment quota to Department quota is not permissible. It is true that in the past, diversion of post from JTO DR quota to JTO 35%
Departmental quota had been resorted to as a one time measure for promotion as JTO of eligible TTAs who qualified in JTO 35% quota Screening Test held in the year 2000 and could not be promoted as JTO due to non-availability of vacancies in the quota. A writ petition was filed against this move in the Honble H.C. of Punjab & Haryana. The Honble H.C. has struck down the diversion of posts from the JTO DR quota to JTO 35%

Departmental quota and the management had to stop further diversion of posts and redivert the posts already diverted. The petition is yet to be finally disposed of by the Honble H.C. in view of the aforesaid petition in the Honble High Court. The company is already facing a court case in Chandigarh. Any diversion will involve legal repercussions; hence the request cannot be acceded to. After discussions, it was agreed that one more TM LDCE would be conducted. 8 .1 5 TTA LICE - requesting to amend the RR to incorporate the provision to conduct pre-qualifying screening test - The Staff side mentioned that as per the Recruitment Rules of the cadre of TTA, officials belonging to the cadre of TOA, Sr.TOA, Telecom Mechanic etc., should possess 10+2 qualification for appearing the LICE. Among the employees of the above mentioned cadres, especially in the Telecom Mechanic cadre, there are a good number of officials capable of getting through the TTA LICE, but who do not possess 10+2 qualification. In the past, two LICEs were conducted, one main LICE and later on a supplementary LICE. On both those occasions, pre qualifying screening tests were also conducted. The non 10+2 officials who passed the pre qualifying screening tests were allowed to appear the LICE. Thus, a sizeable number of employees belonging to the non 10+2 category have passed the LICE in the past. As a result of this experience, the Staff Side has consistently been demanding that necessary amendment to the Recruitment Rules of the TTA should be done, to incorporate the provision of holding a pre-qualifying screening test for the non 10+2 candidates. The Staff Side has been assured that this amendment would be done before holding the next LICE. Hence, it is requested to make necessary amendment in the Recruitment Rules of the TTA cadre, incorporating the provision to hold a Pre Qualifying Screening Test for the non 10+2 officials. In response, the official side mentioned that this issue has been discussed earlier in the National Council and examined. However, the same has not been considered. The official side further conceded that the same can be considered owing to persistent demands from the union. On further demand of the staff side, it was agreed to examine holding of one more pre-qualification exam as a special case for future LDCE for TTA 40% exam. 8 .1 6 Amendment to Telecom Mechanic Recruitment Rules - The Staff side mentioned that as per the Recruitment Rules of the cadre of Telecom Mechanic, issued on 20.02.2002, the educational qualification prescribed required to appear the Telecom Mechanic LDCE is 10th standard. However, as per the clarifications issued by Corporate Office, vide letter no. BSNL Lr. No.250-8/2009-Pers-III{Part-3) dated 29.01.2010, it is stated that no educational qualification is required for the Group D employees. Thus, no educational qualification is required for a Group D employee to appear the Telecom Mechanic LDCE, whereas, a Regular Mazdoor is required to possess 10th standard qualification for appearing in the same examination. This conditionality, laid down by, the Corporate Office, is strange to say the least. A group 'D' employee does not know anything about the duties of the Telecom Mechanic. Whereas, a Regular Mazdoor performs all the duties expected to be performed by a Telecom Mechanic and possesses complete knowledge about the duties and responsibilities of a Telecom Mechanic. In the recently conducted LDCE of Telecom Mechanic, many RMs who do not possess 10th standard qualification were not able to appear. This has created unnecessary hardship to them. RM and Group 'D' cadres are considered to be equivalent cadres. Hence, when no educational

qualification is required for a Group 'D' employee to appear the Telecom Mechanic LDCE, the same condition should apply to the Regular Mazdoor also. Nowadays, no telecom Mechanic post is being created, due to the decline in the number of landlines. All the remaining TM vacancies may be filled up if one more LDCE is conducted. Hence, the RMs who do not possess 10th standard qualification may be given one last chance to appear the Telecom Mechanic LDCE. For this, Necessary amendment may be made to the Telecom Mechanic Recruitment Rules, so that the Regular Mazdoors need not possess 10th standard qualification for appearing that exam. In response to the demand of Staff side, it was mentioned that considering the prevailing competitive environment in which BSNL has to carry out its business, and in order to bring about uniformity among all the Gr. D cadres, the management is considering to amend the TM Recruitment Rules to prescribe 10th standard as the minimum educational qualification required to be possessed by the employees of all Gr. D cadres for appearing in LDCE for Telecom Mechanic. The official side also agreed to examine the proposal of holding one pre-qualifying screening examination only for those who possess VIII standard qualification as a special case since in future 10th standard will be the minimum educational qualification for all the eligible candidates.

8.17 Pay Fixation on Promotion-Maximum of the scale not sufficient to grant full benefit of the increment - The Staff side mentioned that in some cases the maximum of the revised pay scales are not sufficient to allow full benefit of the notional increment to be granted while fixing the pay on promotion and cited the case of Sri Mohammad Sarvar RM Hyderabad Telecom District, AP Circle (HRMS No. 199303274). As such, the Staff side demands for evolving a mechanism so that full benefit of the Increment is given to such officials while fixing the pay on promotion. In response, the management side indicated that a clarification has been
issued on 21.12.2011 regarding regulation of pay when employees are crossing maximum of the revised IDA scales on grant of annual increment wherein it is stipulated that in initial fitments fixation of pay on promotion and annual increments etc. can be granted only upto the maximum of the scale and not beyond that. This implies that whenever computed amount goes beyond maximum of the scale, the same has to be restricted upto maximum of the applicable scale. The Staff side expressed its dis-satisfaction over this and it was decided to have the issue further examined. 8 .1 8 One more chance for Draughtsmen (Clvil/Electrical/TeIecom) to appear in JTO (Civil/JTO (Elect) Exam - The Staff side mentioned that vide BSNL CO letter No. 15-2/2005-TE-II dated 21-2-2007, the Draughtsmen (Civil/Electrical/Telecom) possessing the requisite qualification were allowed to appear in the JTO (Civil)/(Electrical) Exam against 50% quota as a one time relaxation. But some of the Draughtsmen, although were having the prescribed qualifications, could not appear in the examination held in 2008 since they have not completed 10 years service by then. Since the Draughtsmen cadre was declared as a wasting cadre and since they have no other avenue for promotion to a higher post and since these officials were deprived of the opportunity to appear in the examination held in 2008 on account of not completing 10 years service, hence the staff side requested to grant one more opportunity for them to appear in the

JTO(Civil)/Electrical) examination against 50% quota. In response, the official side informed that the issue is already under examination. 8 .1 9 Regularisation of Casual labour-implementation of the assurance given in the National Council Meeting held on 11-2-2008 - The Staff side referred to their demand raised in the National Council meeting held on 11th February 2008 for appointment of casual labour and TSM left-out as RM due to administrative lapses and pending that, the eligible among them be given TSM status. In the said meeting, the Official side replied that a consultant has already been appointed by the BSNL to suggest further course of action. Staff Side suggestions, in consonance with Constitution Bench judgement, are also welcome. In any case, new scheme shall be worked out with due consultation with representative union keeping in view ASGs opinion. Since no development has taken place thereafter, the Staff side requested to cause necessary action immediately for the regularization of the left out casual labourers. In response to the demand of Staff side, it was informed that the matter is still under examination. 8 .2 0 Relaxation in qualifying standards for SC/ST employees-Wrong implementation thereby depriving the benefit -Review required for all departmental promotion exams held in BSNL, in terms of DoP&T orders, to cause Justice to the SC/ST candidates - The staff side mentioned that as per the DoP&T No. 36012/23/96Estt.(Res} Vol.II dated 3/10/2000, the relaxations/ concessions in the matters of promotion for candidates belonging to SCs/STs by way of lower qualifying marks , lesser standards of evaluation standards of evaluation that existed prior to 22/1/1997 and as contained in the instructions issued by the Department of Personnel and Training from time to time including the OM No. 8/12/69-Estt (SCT) dated 23-12-1970, No. 36021/10/16-Estt(SCT) dated 21.1.1977 and para 6.3.2 of the DPC guidelines contained in Department of Personnel and Training's OM No. 22011/5/86-Estt{D) dated 10-4-1989, are restored. The Staff side further mentioned that similarly the relaxations granted for SC/ST candidates in case of qualifying exams also were tightened in BSNL beyond a fair application of the conditions prescribed vide the DoP& T No. 36021/10/16-Estt(SCT) dated 21st January 1977. Hence the results of the failed SC/ST candidates in all the qualifying exams held in BSNL require review. In response to the demand of staff side, it was informed that a committee of senior officers was formed to suggest comprehensive policy for review of results of failed SC/ST candidates, etc. The report of the said committee has been approved by Director (HR) vide Rectt. Branch letter no. 2-12/2011Rectt.I dated 13.9.2011. As per the directions contained in the report, necessary changes in Scheme & Syllabus of Rectt. Rules has to be carried out by the respective Cadre Controlling Authority. Accordingly, necessary action has been taken by Pers.III Section for revision of Scheme & Syllabus of Telephone Mechanic, TTA and Jr. Hindi Translators. After elaborate discussions, the Staff side suggested that matter be referred to the same committee as mentioned above for examining in the light of DOP&T order and the official side agreed for the same. 10. The meeting ended with a vote of thanks to the Chair.

(Mukesh Meena) DGM (SR), BSNL C.O.

Annexure-I List of Members who participated in the 26th meeting of National Council held on 27th February, 2012
Management Side: 1. 2. 3. 4. 5. 6. 7. 8. Director (HR) ED (Finance) PGM (SR) GM (Estt.) GM (Training) GM (EF) GM (TF) DGM (SR) Chairman

Union Side: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Shri V.A.N. Namboodiri Shri P. Abhimanyu Shri R.Venkataraman Shri V. Subburaman Shri Suresh Kumar Shri B.R. Jakhatia Shri P. Asoka Babu Shri R. Raveendran Shri B.S. Raghuwanshi Shri Vijendra Singh Shri J. Sampath Rao Shri P. Andiappan Shri A.R. Safi Leader, Staff Side Secretary, Staff Side

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