The 3rd June 2014.
To
Mr. P. Nayak
General Manager(HRM),
The New India Assurance Co. Ltd.
87, M. G. Road, Fort,
Mumbai – 400001.
Re : Continuation of membership under EPF
& MP Act, 1952 vis-à-vis GIC(Employees) Pension Scheme.
Dear Sir,
This is
regarding our letter dated 11.2.2014 on the captioned subject matter( a
copy of which is enclosed). We are sorry to inform you that till date the
matter has not been resolved. We once again solicit your immediate action for
resolving the issues to enable the newly upgraded PTS for applying PF Loan.
SUJIT BAGCHI
GENERAL SECRETARY
NFGIE,MUMBAI
The following text of the letter was Enclosure to above letter:-
11.02.2014
MR.P.NAYAK
GENERAL MANAGER (HRM)
THE NEW INDIA ASSURANCE CO.LTD
87,M.G.ROAD
FORT
MUMBAI - 400001
Sub: Continuation of membership under EPF
& MP Act, 1952
vis-à-vis GIC(Employees) Pension Scheme.
Dear Sir,
It
must be to your knowledge, the services of casual/daily rated/contractor’s
Workers engaged in the jobs of class-IV category of all PS General Insurance
Companies were regularized and designed as Part Time Sweepers (PTS) keeping in
view that the jobs they perform were permanent in nature. Precisely, all those regularized class-IV
staffs were termed as “Permanent Part Time Sweepers”. Subsequently, the said PTSs have been
upgraded as “Full Time Sweepers (FTS)”.
Ever since the process of said regularization, those PTS had been regular
subscribers of PF as per the law, enjoyed all benefits admissible likewise
other category of staff members. Also as
PF subscribers those PTS cast their votes in the PF Trust elections held in the
past during the period of their service as PTS.
Moreover there was no instance of break or discontinuation of service in
respect of the concerned PTS prior to their upgradation as FTS which otherwise
establish that all those PTS and/or FTS were on continuous service.
In
the situation, we are grossly dismayed over the managements’ arbitrary,
prejudicial and irrational act of treating the said upgradation as fresh
recruitment and throwing the upgraded FTS out of the ambit of EPF & MP Act,
1952. Most unfortunately, the management
of New India Assurance Co. Ltd. in utter disregard to law of the land in a high
handed manner trampled the norms of justice and denied the respective FTS their
continuity of service. It is pertinent to mention that New India Management
vide its circular, CORP:HRM:PROMOTION/CL
III-IVCELL/SNN/2013 dated 3rd May, 2013 has recognized the
continuation of the past service of the said PTS by way of amendments to the
Para 15.1 and Para 17.1 of the Promotion Policy-2008. This amply clears that the services of the upgraded FTS is a continuation
of service and not a new recruitment. It may be noted further, simultaneous to
their becoming members of PF after joining as PTS they also exercised option
for GIC (Employees) Pension Scheme, 1995.
Therefore, upon upgradation we strongly opine, the concerned FTS shall
in no way can be placed under New Pension Scheme defying the option they have
exercised. Rather their option for
GIC(employees)Pension Scheme should receive due cognizance.
Hence We feel that Para 8 of the Gazette Notification No.SO2472(E) dated 8th
October 2010 issued by Gov t of India,
Ministry of Finance(Department of Financial Services) needs to be suitably
amended. For this we demand of you to take up the matter with Ministry of Finance
for necessary Gazette Notification
We
fervently request your prompt response and a line in confirmation as well.
Thanking
you,
Yours
sincerely,
Sd/- Sujit Bagchi
GENERAL SECRETARY
NFGIE
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