The Kerala High Court has ordered the freezing of IDA for non-executives of BSNL employees.
The IDA installment has not been paid to the Non-Executives of BSNL Employees, as ordered by the Honorable Kerala High Court. The IDA is only applicable to the Executives and Non-Union Supervisors of the CPSEs.
BSNL EMPLOYEES UNION
Central Head Quarters
BSNLEU Main Recognised Representative Union.
Ghosh Bhawan, 2151/1, New Patel Nagar,
BSNLEU /418 (IDA)
Shri P.K. Purwar
Bharat Sanchar Bhawan,
H.C. Mathur Lane, Janpath,
New Delhi – 110 001
Sub:- Non-implementation of the order dated 17th February 2021, issued by the Hon’ble Kerala High Court, in the WP(C) No.29212/2020 (B) – reg.
Ref:- DPE letter no.W-05/0004/2021-DPE(WC) dated 09th March, 2021.
With reference to the above, we wish to bring the following to your kind notice for favour of necessary action.
The DPE, vide it’s letter no.W-02/0039/2017-DPE(WC)-GL-XVI/20 dated 19th November, 2020, has frozen the Dearness Allowance to be paid to the employees of the CPSEs, becoming due from 01.10.2020, 01.01.2021 and 01.04.2021. However, it is also mentioned in para three of this letter that, the guidelines for freezing of the IDA “shall be applicable in case of Executives and Non-Unionised Supervisors of CPSEs….”.
Freezing of DA of CPSEs employees drawing pay as per IDA pay revision – High Court Ernakulam Judgement 17.12.2020
However, it is regretted that, the BSNL Management has indiscriminately frozen the IDA of the Non-Executives also 5.5% of IDA has become due w.e.f. 01.10.2020. However, this installment of the IDA has not been paid to the Non-Executives of BSNL. Under these circumstances, BSNL Employees Union filed a writ petition [WP(C) No.29212/2020(B)] in the Hon’ble Kerala High Court. After a detailed hearing, the Hon’ble High Court of Kerala issued an order on 17% February 2021, wherein it is stated that, the letter of the DPE, freezing the IDA, is applicable only to the Executives and Non-Unionised Supervisors of the CPSEs and that, the benefit of Dearness Allowance should not be denied to the members of the Petitioner Union.
After the aforementioned order is issued by the Hon’ble Kerala High Court, the DPE, vide its letter cited under reference, addressed to the Secretary, Department of Telecommunication, has stated that the DA rate for workmen/non-executives is governed by the Wage Settlement between the Trade Union/Association and the Management of the CPSE concerned. The DPE has further stated that it has no role in Wage Negotiation and has requested the DoT, the administrative department of BSNL, to take necessary action.
It is needless to state that, more than a month has already elapsed after the delivery of the judgement by the Hon’ble Kerala High Court. However, the 2nd installments of IDA, i.e., 5.5% w.e.f. 01.10.2020 and 6.1% w.e.f. 01.01.2021, which have already become due, have not been paid to the Non-Executives working in BSNL. The Hon’ble Kerala High Court has already held that the Non-Executives of BSNL are not covered by the ‘IDA freezing order’ of the DPE. Further, the DPE has already informed the DoT that, it has nothing to do with the payment of IDA of the Non-Executives of BSNL.