NFAEE is the one and only all India Federation of Atomic Energy Worker, recognised by Government of india/Department of Atomic Energy (DAE).

It represents the Industrial, Research & Development and Service organisations under Department of Atomic Energy.

26 Unions and associations of DAE Employees recognised under CCS (RSA) Rule are affiliated with NFAEE

Sunday, August 3, 2014

MEMORANDUM TO 7 CPC BY NFAEE

CHAPTER V
ALLOWANCES & INCENTIVES
OVER TIME ALLOWANCE
5.1 The revision of Over Time Allowance (OTA) is pending since the implementation of the 5th CPC report. The activities and nature of the employees in the R&D and other non industrial units are at par with the Industrial units under DAE where the OTA is regulated as per the Factories Act 1948. The employees in the R&D sector are forced to perform the Overtime because of the reliever system in the nuclear operating plants. The Nuclear plant operators, Technicians/Supervisors, Drivers, Security staff, Fire Staff etc. are forced to perform Overtime to ensure the continuous operation (24 hours on round the clock basis) of the operating plats, electrical substation pump house etc.,   This is to follow the safety guidelines and also to ensure proper security to the Nuclear establishments. 
5.2 Realizing the fact Dr Homi Bhabha (founder of the nuclear establishments in India) an Office Memorandum dated 7th February 1963, No. 40/72/61 –Adm.II, has issued regarding the OTA. By the said OM the norms for grant of OTA has unequivocally laid down for the  erstwhile Atomic Energy Establishment, Trombay  (BARC,)  which is at par with the Industrial units where the OTA is regulated as per the Factories Act. The Para 6 of the OM further state that “The orders contained in the Ministry of Finance (Department of Expenditure) Office Memorandum No.F.9(5) –E.II(B)/60 dated June 1, 1961, as amended from time to time , will not be applicable to the staff in the Atomic Energy establishment Trombay in whose case the grant of overtime allowance is governed by these orders.” Which means The OTA for the employees of BARC will continues to be governed by the OM dated7th February 1963, No. 40/72/61 –Adm.II, irrespective of any subsequent orders of Ministry of Finance etc.    
5.3 Government of India promulgate Atomic Energy Factories Rules   which is identical to the Factories Act 1948 and the same made applicable to the R& D and other non Industrial units under the Department of Atomic Energy. But always skipped while revising the Overtime Allowance for Industrial units after the implementation of the Pay revision based on the recommendations of Pay Commissions.
5.4 After the implementation of the 5th CPC DoPT has issued an OM dated 21st November, 1997, No. Pt.FAO. 21017/3/97-Estt (allowance), wherein it is stated that, the 5th CPC has recommended the discontinuance of Overtime Allowance. It is also stated that “It has also been recommended by the Commission that in lieu of cash compensation in the form of OTA, staff deployed on weekly off days may be entitled only to compensatory leave. However, the Staff Car Drivers, Operational Staff and Industrial employees have been recommended to be governed by the existing rules and instructions on the subject.”  By the above said facts it is very clear that the 5th CPC has neither recommended nor intended to discontinue the OTA to the Staff Car Drivers, Operational Staff and Industrial employees, on the contrary they had recommended to continue the OTA to the above said categories of employees. Their recommendation for the discontinuance of OTA was limited to the Staff deployed on weekly off days. Accordingly the OTA for the industrial employees in the DAE has been revised in the year 1998 and in the year 2009 after the implementation of the recommendations of 6th CPC. . But the same provision was not extended to the operational/maintenance staff and other employees similarly placed in the R&D establishments in the DAE.  
5.5 Until the implementation of the 5th CPC report, the OTA used to be revised at every Pay Revisions consequent upon the CPC reports. At present OTA is regulated as per the pay decided by the  4th CPC from the year 1986, by this anomaly the pay for the extra duty (OT) performed by an employee after their normal duty is much less than that  prescribed by the Government for unskilled casual labour. The performance of overtime  in R&D establishment are not in comparison with the staff car rules and it is a statutory requirement to follow various safety guidelines and retain the man power  as per the guidelines of international agencies such as IAEA, the Atomic Energy Regulatory Board ( AERB), BARC Safety Council, etc.
5.6 Though NFAEE had repeatedly requested to the Department to revise the OTA since 1998, the concerned authorities for all these years keep on saying that since OTA for the Central Government employees are not revised, the OTA for the employees of the R&D establishments cannot be revised. Due to the apathetic attitude of the Department, the Issue of revising the OTA was not properly dealt. The concerned authorities have never tried to invoke the provisions of the OM dated7th February 1963, which treat the R&D establishments (BARC) in the DAE at par with the Industrial units in terms of OTA. If at all the concerned authorities fell that any approval is required from any Ministries/Department, they have never tried to pursue the concerned Departments/ Ministries by citing peculiarity and special nature of activity of our Department as well as the above cited provisions of the recommendation quoted in the OM dated 21st November, 1997./ OM dated7th February  1963.
5.7 A large number of employees of operating plants, Hospital Staff, Drivers and Security Staff, Fire Staff etc. are frustrated/ aggrieved due to the meagre amount of compensation of OTA for the extra duty which they are forced to perform. Many of the employees are forced to perform over time without even cash compensation (beyond the OT ceiling limit) and Compensatory Off since availing the C- Off will affect the smooth functioning of the institution.
5.8 Thus we suggest the Pay Commission to recommend to the Government to revise the rate of Overtime Allowance to ensure the employees who are asked to perform overtime to ensure the smooth operation of the Nuclear Installations in the Research & Development units and other non industrial units.

QUALIFICATION INCENTIVE SCHEME (QIS)
5.9 The Qualification Incentive scheme (QIS) introduce the Department of Atomic Energy (DAE) in its specific nuclear operating plants to ensure the safe operation, adopt higher safety measures, safe working procedure in  nuclear plants by adhering to IAEA/AERB/BSC standards. Every operational, maintenance persons in the nuclear plant shall be well trained, qualified and experienced to understand the intricacy of the safe operation and maintenance procedure of the nuclear plant. For that purpose this scheme was introduced through a meticulous qualification process of completing the check list, examination, interview etc. The employees are qualified in five different levels depending on their responsibility qualification and experience. Accordingly the incentives are also paid in five different levels staring from Rs. 500/               
5.10 We suggest the Pay Commission may recommend 3.7 times of the existing rates.
NUCLEAR RESEARCH PLANT SUPPORTING ALLOWANCES (NRPSA):
5.11 The extra work being done by the employees working in Round the Clock Shift comparing with the general shift people was compensated with NRPSA. Though the name of the allowance is NUCLEAR RESEARCH PLANT SUPPORTING ALLOWANCES, it is nothing but an allowance to compensate Extra Duty which was extended based on an arbitration award.
5.12 At present the same has been giving on slab wise and not actually compensating the actual work being carried out by the employees.
5.13 Therefore we suggest that the NRPSA should be renamed as EXTRA DUTY ALLOWANCE and should be given on actual
PERORMANCE RELATED INCENTIVE SCHEMES (PRIS)
5.14 The Department of Atomic Energy has implemented Performance Related Incentive Scheme (PRIS) since 2009 based on the recommendation of 6th Central Pay Commission in all the Units keeping in view the need to reward the performance of the organisation and its personnel in realizing predefined objectives.
5.15 The payment of PRIS is subject the certain conditionality. We feel there is need to redefine the conditionality’s to ensure that no one should punished twice for his failure to fulfil the conditionality to ensure the attendance.
5.16 Similarly one of the component in PRIS, that is PRIS (I) has not been extended to the administrative and auxiliary staff of the Department. We suggest that Pay Commission may recommend to the Government/Department to extend the PRIS (I) to all administrative and auxiliary staff including Store keeping staff.

**********

No comments: