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Monday, March 11, 2013

AINVSA(T.P.MANI)'s REQUEST to the Commissioner to REGULARISE the Indefinite strike period

Ref: AINVSA/CEC/2013/0034                                                    Date: 11/03/2013   
The Commissioner,
NVS, B-15, Institutions Area,
Sector-62, Noida

Sub: Regularization of Indefinite Strike Period – a humble request

Respected Sir,
                    The NVS employees throughout India had gone on an Indefinite Strike w.e.f  06.2.2013 to 15.2.2013.The Indefinite strike was only a collective bargaining  for the long pending demands and grievances unattended by NVS and the Govt. of India., such as CCS Pension Scheme rule 1972, 10% Special allowance to non teaching staff, to define work hours, for warden posts, etc,.  When collective negotiations reached a deadlock, Hon’ble ,Minister of State for HRD Ministry Shri. Sasi Tharoor,  intervened  and assured that all genuine demands would be looked into by the Government  and Navodaya Vidyalaya Samiti sympathetically in a time bound manner. The strike was called off on 15.2.2013 by all JNVs throughout the country. Your good self had also conceded that the staff had co operated   and were positive in approach though on strike, and subsequently revoked the suspension orders. Notwithstanding the fact that it was assured during conciliation that the strike period would be taken positively, it is a hostile approach to take punitive and vindictive measures such as withholding the pay of the employees during the days on strike. Hope your good self, the Commissioner of NVS, showing benevolence and fatherly attitude to its own employees, reconsiders this   and give appropriate directions to the Regional office to regularize the days on strike as duty period.

1.      We just followed a democratic method of settlement of disputes. The strike was justified in the light of the facts and circumstances of the case. The strike followed all the legal procedures, so to speak  except Recognition which NVS itself had deprived the Association sue motto. There was indeed a settlement in the course of conciliation.

2.      It is a known fact that the Industrial Disputes Act 1947 is not applicable to educational institutions in India.  But it would be pertinent at this stage to note that there is no plausible cause, so far, for exempting learned and liberal professions of lawyers, doctors, engineers, chartered accountants and the like from operation of Industrial laws. Under the present state of law, it is difficult to create exemption in favour of any particular class or classes. Though educational institutions such as NVS covering throughout India could not be regarded as ‘business or trade’ , it should fall within the scope of the expression ‘undertaking’ and hence analogous to an Industry. The word  ‘undertaking is qualified by the words ‘manufacturing or mining’. We manufacture, in a sense, doctors ,engineers, all professionals and good citizens of the country. Moreover, unlike other educational institutions, ours is established in more than 585 locations throughout the country, and comprises of more than 2500 workmen (sic), so to speak. Hence, no longer less than an Industry…

3.      Industrial democracy implies that the majority Union should have the right to sole representation i.e., the right to negotiate and enter into settlements with the employer. The need for Recognition of a Union was stressed in the Second Five Year Plan. The National Commission on   Labour in 1969 recommended that it would be desirable to make Union’s recognition compulsory under a Central law, in all undertakings employing 100 or more workers, or where the capital invested is above a stipulated size. The functions and the number of employees in NVS are analogous to an Industry, NVS Staff Associations deserve RECOGNITION at the earliest.

4.      There should be immunity from criminal liability provided there is no criminal force or criminal assault or mischief. The NVS employees had resorted to only peaceful agitation without any violence and intimidation. Such a concerted movement for our rights deserves immunity from criminal and civil liability if it is peaceful and does not violate the provisions of law., or tortuous acts. There was no picketing  or unlawful threats, as such ,in any Vidyalaya.

5.      It seems that NVS is not well disposed towards the Association and there might be a latent fear of victimization among the members, if the salary withheld is not released immediately
Nevertheless, our long working hours and dedication on Sundays and Holidays, round the clock, would suffice to condone the Indefinite strike and  treat the those period as duty period and release the pay thereof; with all due consideration and remedial measures  to our  cries and prayers.         

Thanking you
                                                                                           Yours truly,

                                                                                                    T.P. Mani                                                  
                                                                                             National President, AINVSA                                                                             

Copy to . 1).  The Hon’ble HRD Minister, Ministry of HRD, Sastri Bhavan, New Delhi-1.
               2).  The Commissioner, Navodaya Vidyalaya Samiti, Noida
               3).  The Deputy Commissioners, Navodaya Vidyalaya Samiti, R.O. Offices,
4.      The Principal, JNV Mamnoor, Warangal Dist., A.P.
5.      All The Principals, JNV s,
6.      All CEC,REC, SEC and Units
7.       The Hon’ble  Directorate General of Police, New Delhi.
8.      The Hon’ble  Directorate General of Police, AP

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