Continuation of membership under EPF & MP Act, 1952 vis-à-vis GIC(Employees) Pension Scheme.

The 3^rd 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 3^rd 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 8^th 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