All India Central Excise & Service Tax Ministerial Officer’s Association Notice – Dharna/Strike Program On 21st Feb, 2019
By Speed Post
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
New Delhi dated the 15th February, 2019
All India Central Excise and Service Tax Ministerial Officers’ Association have given notice wherein it is stated that the members of this association will wear black badges from 21.01.2019 onwards and have lunch hour demonstration on every Friday and if their problem are not heard and suitable solution is not seen within a month, they will go ahead with their Dharna/Stike program w.e.f. 21st February, 2019.
2. Attention of the All the Members of All India Central Excise and Service Tax Ministerial Officers’ Association in the CBIC is invited to the instructions issued by the DoPT,. which prohibit Government servants from participating in any form of strike including mass casual leave, go-slow etc., or any action that abet any form of strike in violation of Rule 7 of the Fundamental Rules, pay and allowances are not admissible to an employee for his absence from duty without any authority. The right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequence which, besides deduction of wages, may also include appropriate disciplinary action. A copy of 0.M No.33012/1(s)/2008-Estt(B) dated 12th September, 2008 containing instructions issued by the Deptt. of Personnel & Training regarding treatment of period of strike by Government servants, is also enclosed.
3. It is again reiterated that if any employee or an association/group of employees, under any nomenclature, indulge in any form of strike/boycott of work in pursuance of any alleged demand, strict action as per Para 2 above shall be taken.
Encl. As above: