70000 Ordnance Factory Employees Deserve Central Govt Employee Status-NCJCM Agenda Point 13

NCJCM Staff Side forwarded Agenda Points to DoPT for next Standing Committee Meeting of National Council JCM to be held on 20.9.2023. In which the following agenda Item-13 will be discussed

Agenda Item No.13 : 70000 Ordnance Factory Employees Deserve Central Govt Employee Status

Item No-13 : To retain the status of more than 70,000 Defence Civilian Employees who are on deemed deputation with the newly created 7 Ordnance Factory Corporations as Central Government Employees / Defence Civilian Employees till their Superannuation.

The Government of India in violation of all the previous written assurances given to the Recognized Federations of Defence Civilian Employees have unilaterally taken a decision to splinter the more than 222 years old Indian Ordnance Factories in to 7 Corporations. Accordingly the Cabinet have taken decision to convert the Ordnance Factory Board into 7 Corporations / DPSU’s with effect from 01.10.2021. All the then existing more than 78,000 Defence Civilian Employees of Ordnance Factories were forcibly posted on deemed deputation for a period of 2 years i.e. upto 30.09.2023 in the newly formed 7 DPSU’s.

The Cabinet while deciding the same have also taken a decision that during the period of deemed deputation all the Defence Civilian Employees of Ordnance Factories will continue to remain as Central Government Employees / Defence Civilian Employees and all their service conditions and benefits would be protected. The All India Defence Employees Federation have challenged the Governments decision in the Madras High Court. The Government of India in its counter affidavit have assured the following before the Hon’ble High Court:

“Para 55 A and B : It is humbly reiterated that employees will continue to be Central Government employees on deemed deputation to the new corporations unless they themselves opt to get permanently absorbed in these new corporations Hence, there is no violation of any fundamental right or Article of the Constitution including Article 14 and Article 311.

Para 47: Unless the OFB employees chose to opt for permanent absorption in the new in the new DPSU’s, they would continue as Central Government servants and their pay scales, allowances, leave, medical facilities, Career progression and other service conditions will also continue to be governed the extant rules, regulations and orders, as are applicable to the Central Government servants.

Para 48: The employees will continue to be Central Government employees while on deemed deputation to the corporations and until they themselves opt to get permanently absorbed in the new corporations. Hence, it is denied that the article 14 of the Constitution is violated.”

The above issue was also discussed in the 48th Meeting of National Council JCM held on 26/06/2021 and after discussion the Chairman desired that the Ministry of Defence will regularly discuss the matter of all Service related matters of the employees with the Staff Side and employees interest would be protected. The Federations have already represented to the Ministry of Defence to issue a notification for retaining the employees of Ordnance Factories who are on deemed deputation in the newly created 7 DPSU’s as Central Government Employees Defence Civilian Employees till their Superannuation / Retirement from service as assured by the Government in the Hon’ble High Court of Madras.

Issue Instructions to retain Central Govt Employee Status

The deemed deputation period is going to come to an end on 30.09.2023. Till date the Ministry of Defence have not issued any notification in this regard despite repeated representations by the recognized Federations. It is therefore requested that DOP&T may kindly arrange to issue necessary instructions to the MoD for publishing notification for retaining the status of the employees of Ordnance Factories as Central Government Employees / Defence Civilian Employees till their Superannuation / Retirement from service as assured by the Government in the Hon’ble High Court of Madras.

Source : NCJCM Standing Committee Agenda Points