CPSE employees (IDA pattern) who retired on or after 01 .10.2021 and up to 30.06.2021, the amount of DA to be taken into account for calculation of gratuity and cash payment in lieu of leave will be deemed to be as per the notional DA rates

W-02/0029/2021-DPE (WC)-GL-Xl21
Government of India
Ministry of Finance
Department of Public Enterprises

Public enterprises Bhawan,
Block No. 14, CGO Complex,
Lodhi Road, New Delhi – 110003.
Dated, the 25 October, 2021

OFFICE MEMORANDUM

Subject: Calculation of Gratuity and Cash payment in lieu of leave for the employees of CPSEs following IDA pattern (2017, 2007, 1997, 1992 and 1987 pay scales) retired on or after 01.10.2020 and up to 30.06.2021 – reg.

The undersigned is directed to refer to this Department’s OM No. 02/0039/2014- DPE(WC) dated 19.11.2020, in regard to payment of Dearness Allowance (DA) during the freezing period from 01.10.2020 up to 30.06.2021 and to say that in terms thereof the rate of DA during the said period will continued to be paid at the rates applicable w.e.f. 01.07.2020.

2. In view of the above order calculation of Gratuity and Cash payment in lieu of leave for CPSE employees IDA pattern who retired on or after 01 October, 2020 and up to 30.06.2021 have been made as per the above order.

3. Keeping in view that gratuity and cash payment in lieu of leave are one-time retirement benefits admissible to employees on retirement, the matter has been considered sympathetically. It has been decided that in respect of CPSE employees (IDA pattern) who retired on or after 01 .10.2021 and up to 30.06.2021, the amount of DA to be taken into account for calculation of gratuity and cash payment in lieu of leave will be deemed to be as per the notional DA rates indicated in the annexure(s) to the OPE OMs dated 02.08.2021 and 03 .08 .2021 for different pay revision. The notional DA rates for calculation purpose are given below for different pay scales.

a) 2017 pay scale

b) 2007 pay scale

c) 1997 pay scale

(d) For 1992 and 1987 pay scale

As per DA rates mentioned at Annx-I (1992 IDA pay scale) and Annx-II (1987 IDA pay scale) of OPE OM No. W-02/0003/20214-DPE (WC) dated 03.08.2021.

4. All administrative Ministries I Departments of the Government of India are requested to bring the foregoing to the notice of the CPSEs under their administrative control for necessary action at their end.

5. This issues with the approval of the competent Authority .

(Samsul Haque)
Under Secretary

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No W-02/0045/ 2020-DPE(WC)
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises

Public Enterprises Bhawon,
Block No.14, CGO Complex,
Lodhi Rood, New Delhi-1 10003.Dated 8th January, 2021

OFFICE MEMORANDUM

Subject: Freezing of Dearness Allowance of Employees of CPSEs -reg.

The undersigned ts directed to refer to Ministry of Coal (MoC)’s OM No 49015/1/2020-LA IR dated 07.12.2020 and Ministry of Mines (MoM) 11/18/2020 Mof 1 dated 14.12.2020 seeking clarifications in the matter cited above.

Freezing of Dearness Allowance to Employees of CPSEs drawing pay as per 2017, 2007, 1997, 1992 & 1987 IDA pay revision guidelines at current rates till 30th June, 2021

Freezing of DA of CPSEs employees drawing pay as per IDA pay revision – High Court Ernakulam Judgement 17.12.2020

2. DPE vide OM dated 19.11.2020 has issued guidelines on freezing of IDA rate w.e.f. 01.10.2020 till 30.06.2021, in respect of Executives and Non-Unionized Supervisors of CPSEs following 2017, 2007, 1997, 1992 & 1987 IDA pay scales Para 3 of the said OM inter-alia, states that “The above guidelines shall be applicable in case of Executives and Non-unionized Supervisors of CPSEs drawing 2017, 2007, 1997, 1992 & 1987 IDA pay scales.” The other employees including workmen of CPSEs are not covered under these guidelines.

(Samsul Haque)
Under Secretary

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942

W.P.(C) No.26423 OF 2020(C)

PETITIONER/S:

FACT WORKERS ORGANISATION,
REG NO.07-43/95,
UDYOGAMANDAL,
ERNAKULAM – 683501.,
REPRESENTED BY ITS SECRETARY GENERAL.

BY ADVS.
SRI.R.SANJITH
SMT.C.S.SINDHU KRISHNAH

RESPONDENT/S:

1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES,
NEW DELHI-110003.

2 THE FERTILISERS AND CHEMICALS TRAVANCORE LIMITED,
UDYOGAMANDAL,
ERNAKULAM-683501,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

3 GENERAL MANAGER(HR AND A),
FERTILISERS AND CHEMICALS TRAVANCORE LIMITED,
UDYOGAMANDAL, ERNAKULAM-683501.

4 REGIONAL LABOUR COMMISSIONER (CENTRAL),
OFFICE OF THE REGIONAL COMMISSIONER (CENTRAL),
OLIMUGHAL, VAYU SENA ROAD,
THRIKKAKKARA,
KAKKANAD,
ERNAKULAM-682030.

R1-R4 BY ADV. CHANDINI G NAIR, CGC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2020, ALONG WITH W.P.(C)NO.26423/2020(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Since common issue is raised, these writ petitions are heard together and are being disposed of by this common judgment.

2. W.P.(C) No.26423 of 2020 :– The petitioner in this writ petition is FACT Workers Organisation at Udyogamandal, represented by its General Secretary. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking writ of certiorari to quash Ext.P1 circular dated 25.11.2020 and Ext.P2 memorandum dated 19.01.2020 to the extent it is applicable to the workmen of the 2nd respondent. The petitioner has also sought for a writ of mandamus commanding respondents 2 and 3 not to change the conditions of service of the workmen covered by Ext.P3 settlement without adhering to the procedures contemplated under the Industrial Disputes Act, 1947 and its allied laws; and commanding the 4th respondent to adjudicate Ext.P4 complaint preferred by the petitioner, within a time frame to be fixed by this Court, after directing status quo with respect to implementation of Exts.P1 and P2.

3. On 01.12.2020, when this writ petition came up for admission, the learned Assistant Solicitor General of India and also the learned Standing Counsel for respondents 2 and 3 sought time to get instructions.

4. On 04.12.2020, when this writ petition came up for consideration, during the course of arguments, one of the contentions raised by the learned counsel for the petitioner was that Ext.P2 guidelines has application only in the case of Executives and Non-Unionised Supervisors of Central Public Sector Enterprises and it has no application insofar as workmen in those Enterprises are concerned. On the challenge made against Ext.P1 circular, the learned counsel for the petitioner placed reliance on the decision of the Apex Court in Agencia E. Sequeria v. Labour Commissioner and others [(1997) 3 SCC 150] that of this Court in Joseph C.C. v. Kerala State Electricity Board and others [ILR 2020 (2) Ker. 208]. The learned Central Government Counsel sought time to get instructions and accordingly, the matter was ordered to be listed on 11.12.2020.

5. On 11.12.2020, when this writ petition came up for consideration, the learned Assistant Solicitor General of India, on instructions, submitted that Ext.P2 guidelines has application only in the case of Executives and Non-Unionised Supervisors of Central Public Sector Enterprises and it has no application insofar as workmen in those enterprises are concerned.

6. W.P.(C) No.27918 of 2020 :- The 1st petitioner, namely, FACT Employees Association at Udyogamandal, represented by its General Secretary along with two workmen, have filed this writ petition, seeking a writ of certiorari to quash Ext.P2 circular dated 25.11.2020 and Ext.P3 Office Memorandum dated 19.11.2020; and for a declaration that Exts.P2 and P3 are illegal and arbitrary, and cannot be imposed on the workmen of the 3rd respondent Company. The further relief sought for is a writ of mandamus commanding the 3rd respondent Company to pay such amount illegally recovered from the petitioners and other workmen, as the case may be, along with arrears of additional Dearness Allowance as per their entitlement with penal interest, without regard to Exts.P2 and P3, expeditiously, at any rate, within a time frame to be fixed by this Court.

Appeal to unfreeze the DA by the petitioner at Delhi High Court

7. On 15.12.2020, when this writ petition came up for admission, the Registry was directed to post this matter, along with W.P.(C) No.26423 of 2020.

8. Heard the learned counsel for the petitioners in the respective writ petitions, the learned Assistant Solicitor General of India for Union of India and also the learned Standing Counsel for FACT.

9. The document placed on record as Ext.P2 in W.P.(C). No.26423 of 2020 [Ext.P3 in W.P.(C).No.27918 of 2020] is an Office Memorandum dated 19.11.2020 issued by the 1st respondent regarding freezing of Dearness Allowance to employees of Central Public Sector Enterprises, drawing pay as per 2017, 2007, 1997, 1992 and 1987 IDA pay revision guidelines at current rates till 30th June 2021. The said Office Memorandum reads thus:

“The undersigned is directed to say that in view of the crisis arising out of COVID-19, it has been decided that additional installments of Dearness Allowance payable to Employees of Central Public Sector Enterprises (CPSEs) drawing pay as per 2017, 2007, 1997 1992 & 1987 DA pay revision guidelines, due from 01.10.2020 shall not be paid. The additional installments of Dearness Allowance at current rates (w.e.f. 01.07.2020) will continue to be paid.

2. As and when the decision to release the future installment of Dearness Allowance due from 01.07.2021 is taken by the Government, the rates of Dearness Allowance as effective from 01.10.2020, 01.01.2021 & 01.04.2021 will be restored prospectively and will be subsumed in the cumulative revised rate effective from 01.07.2021. No arrears for the period from 01.10.2020 till 30.06.2021 shall be paid.

3. The above guidelines shall be applicable in case of Executives and Non-Unionised Supervisors of CPSEs drawing 2017, 2007, 1997, 1992 & 1987 DA pay scales. The DA rates in case of CPSE employees drawing CDA pay scales has already been frozen vide DPE’s OM No.W-02/0038/2017- DPE(WC)-GL-IX/20 dated 28.04.2020 in line with the Department of Expenditure’s OM No.1/1/2020-E.II(B) dated 23.04.2020 in this regard.

4. All administrative Ministries/Departments of Government of India are requested to bring the foregoing to the notice of CPSEs under their administrative control for necessary action at their end.

5. This issues with the approval of the Minister (HI&PE).”

(Underline supplied)

10. Based on Ext.P2 Office Memorandum, the 3rd respondent General Manager (HR&A) of FACT issued Ext.P1 circular dated 25.11.2020 in W.P.(C) No.26423 of 2020 [Ext.P2 in W.P.(C).No.27918 of 2020], whereby it is informed that based on the Government of India directives it has been decided that additional installments of Dearness Allowance payable to employees, due from 01.10.2020, shall not be paid. The additional instalments of Dearness Allowances due from 01.01.2021 and 01.04.2021, shall also not be paid. However, Dearness Allowance at rates with effect from 01.07.2020 will continue to be paid. Accordingly, amount paid in excess from 01.10.2020 will be recovered from the salary payable for the month of November, 2020. The excess amount paid towards leave encashment in respect of existing employees will be recovered and so also terminal benefits of employees separated from 01.10.2020 will also be adjusted from the amount payable to them. The excess contributions paid to Provident Fund and Employees Pension Scheme, if any, shall be adjusted in contribution payable for the month of November, 2020. It is provided in Ext.P1 circular that as and when the decision to release the future installments of Dearness Allowance due from 01.07.2021 is taken by the Government, the rates of Dearness Allowance as effective from 01.10.2020, 01.01.2021 and 01.04.2021 will be restored prospectively and will be subsumed in the cumulative revised rate effective from 01.07.2021. No arrears for the period from 01.10.2020 till 30.06.2021 shall be paid.

11. As already noticed herein before, on 11.12.2020, when W.P.(C).No.26423 of 2020 came up for consideration, the learned Assistant Solicitor General of India, on instructions from the 1st respondent, submitted that Ext.P2 Office Memorandum dated 19.11.2020 has application only in the case of Executives and Non-Unionised Supervisors of Central Public Sector Enterprises and it has no application in so far as the workmen in those Enterprises are concerned.

12. In such circumstances, the operation of Ext.P1 circular dated 25.11.2020 in W.P.(C).No.26423 of 2020 [Ext.P2 in W.P.(C). No.27918 of 2020] issued by the 3rd respondent General Manager 4th respondent in W.P.(C) No.27918 of 2020) has to be confined to Executives and Non-Unionised Supervisors of Central Public Sector Enterprises and it is declared accordingly. Consequently, Ext.P1 circular dated 25.11.2020 to the extent it is made applicable to persons other than Executives and Non-Unionised Supervisors of Central Public Sector Enterprises is set aside, resulting consequential monetary benefits to other category of employees including workers.

During the course of arguments, it is pointed out by the learned Standing Counsel for FACT that conciliation proceedings are now pending before the 4th respondent Regional Labour Commissioner (Central) and the next meeting is scheduled on 21.12.2020. It is for the petitioner Trade Union in the respective writ petitions and the 2nd respondent Management to co-operate with the conciliation proceedings on repayment of any amount
already recovered based on the circular dated 25.11.2020.

The writ petitions are disposed of as above.

Sd/-
ANIL K. NARENDRAN
JUDGE

Source: highcourtofkerala.nic.in

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BSNL
BHARAT SANCHAR NIGAM LIMITED)
(A Government of India Enterprise)

CORPORATE OFFICE
Establishment Cell Bharat Sanchar Bhawan
H.C. Mathur Lane, New Delhi-01

File No. BSNLCO-A/11(18)/1/2020- ESTAB

Dated: 26-Nov-2020

CIRCULAR

Sub: Freezing of Dearness Allowance to Employees of CPSEs drawing pay as per 2017, 2007, 1997, 1992 & 1987 IDA pay revision guidelines at current rates till 30th June, 2021 – reg.

The Department of Public Enterprises (OPE) OM No. W-02/0039/2017-DPE(WC)­ GL-XVl./20 dated 19th November, 2020 on the above cited subject with regard to the freezing of rate of IDA at current rates (w.e.f. 01.07.2020) up to 30.06.2021, is forwarded herewith for information and necessary action.

Dearness Allowance / Freezing of DA rates – CPSEs IDA pay scales revision guidelines at current rates till 30th June 2021

Encl: As above.

[Sanjeev Kumar]
Asstt. General Manager (Estt.I)
Tel. No. 23037477

Copy to:

1. Sr.PPS to CMD, BSNL, New Delhi.
2. Sr.PPS to All Directors, BSNL Board.
3. CVO, BSNL CO, Eastern Court Complex, Janpath, New Delhi.
4. All CGMs and All Heads of Administrative Units of BSNL with request to bring the OM to the notice of concerned Controller of Communications Account , Nationalized Banks and Post Office etc.
5. CS & CGM (Legal) I All PGMs I Sr. GMs I GMs in BSNL CO New Delhi.
6. PGM(ERP), ALLTTC Ghaziabad.
7. All CCAs in field units, DOT for circulation amongst all pension disbursing authorities (Banks/ post office) as per DOT letter no. 36-04/2008-Pen(T) dated 24.11.2010 and 10.03.2010 .
8. Under Secretary (STP), DOT, New Delhi w.r.t. circular no. 36-04/2008-Pen(T) dated 10.03.2011.
9. BSNL Intranet I Guard File.

Source: dpe.gov.in

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