DPSUs’ Transfer-cum-Posting Order Of Officers On Deemed Deputation Stayed By The Central Administrative Tribunal
Recently one such transfer was questioned by CAT Jabalpur and subsequently AVNL had to withdraw the transfer order, sources said
Post Corporatization of Ordnance Factories w.e.f.01.10.2021 the employees of the 07 Newly formed Defence PSUs’ consisting of the 41 Ordnance Factories the workers and the employees are in a war path since many of their facilities which they were enjoying prior to Corporatization was taken away. Historically and traditionally, to meet the production targets and also to compensate the manpower shortage the employees were deployed on Overtime working. In Ordnance Factories, Overtime working was not only beneficial to the employees but to the Management also.
Employees were benefited because they are governed under Factories Act 1948 and for the Overtime which they are performing they are entitled for double the wages and in addition they get the increased Piece Work Profit Percentage, which was a motivating factor for the employees. The Management were able to control the absenteeism to a large extend since employees who are on leave in a particular week will not get the benefit of Overtime since their weekly working hours will be less than 48 Hours.
Therefore, Overtime was a win win situation for both the employees and the employer. Post Corporatization Ordnance Factories have stopped Overtime on the plea that Ministry of Defence has directed them to not work Overtime. However, even today, Overtime is worked by employees of MIL one of the 07 DPSUs. The employees of other DPSUs’ are questioning this disparity. In fact the AIDEF the largest Federation is repeatedly demanding to the Government that Overtime working should be restored in all the 41 Ordnance Factories since no incentive scheme can replace the Piece Work System and OT Working in the Ordnance Factories.
The employees are also demanding that they should be allowed to retire from service as Government employees from the 07 Corporations since the Defence Ministry as already committed the same in the High Court of Madras.
Now it has become the turn of Gazette Officers of these Corporations to fight against the DPSUs’ Managements. Post Corporatizations of Ordnance Factories Officers in anonymity told www.indianpsu.com that they are being harassed by the Corporations since Transfer is used as a weapon against Group “A” and also Group “B” Officers. Their grievance is that they are being transferred in whimsical manner and no policy is followed. Many such Transferred Officers both at the Group “A” and Group “B” Level have taken Voluntarily Retirement and left the service. They were all experts in their field.
Now since they have left the service the Corporations have started Contractual Appointments of inexperienced persons. The Officers continued that they are on deemed deputation with the 07 Corporations without any deputation allowance and they are not the Company employees and hence how they can be transferred out. Their Cadre Controlling Authority is Ministry of Defence in the case of Group “A” Officers and The Director General Ordnance in the case of Group “B” Officers. Recently one such Transfer was questioned by the CAT Jabalpur and Subsequently the AVNL Company withdrawn the Transfer order.
The Troop Comfort Limited another Corporation has recently issued a Transfer order of Group “B” Gazetted Officers which has now being challenged by some of the affected employees in the Central Administrative Tribunal Chennai Bench. Reputed Law Firm Paul & Paul appeared for the petitioners and argued that the affected Officers are on deemed deputation to the respective DPSUs’ and that they continued to be Central Government Employees on deemed deputation without any deputation allowance and that their services are not absorbed permanently in the DPSUs’. They have put forth other arguments also before the Court which was objected by the Government Pleader.
However, the CAT Chennai has come to the conclusion that the applicants have made out prima facie case and hence the transfer order is stayed till 23.06.2025. The Group “A” Officer who spoke to us on anonymity stated that now time has come for the Ministry of Defence and the Directorate General of Ordnance to frame a common Transfer Policy to all the Group “A” and Group “B” Officers who are on deemed deputation without deputation allowance for all the 07 Corporations and should monitor its implementation to avoid discontentment and also forcing Officers to take Voluntary Retirement from service.
(www.indianpsu.com is in possession of the order of Central Administrative Tribunal, Chennai)
