Majithiya and Express Publications (M) Ltd : कुछ सवाल-जवाब और पत्र

On behalf of Express Publications Retired Employees Welfare Association (The New Indian Express & Dinamani Newspapers), the following information furnished question wise…

Q. 1. Whether the management is paying salary / wages to the working and non-working joutnalists and other newspapers employees employed in their establishment, as per the recommendations of Majithia Wage Board, notified by Government of India? State the pay scales of the employees in which the payment of salary is being made to the employees.

Answer :  Not properly implemented in all respects. (Wages fixed under Class V, instead of the recommended Class III).

Q. 2. Whether the management has made the payment of arrears to its employees as directed by the Hon’ble Supreme Courts of India vide order dated 7/2/2014?

Answer :  NO arrears paid.

Q. 3.  Under which category does the establishment fall on the basis of Gross Fiscal Revenue as per the categorization made by the Majithia Wage Board?  Please indicate gross revenue of the year 2007-08, 2008-09, 2009-10.

Answer :  Recommended Class III (100 – 500 Crs.) Whereas the management hasfixed the wage under Class V (10 – 50 Crs). Regarding Manisana WB implementation in 2001 Jan. the management orally declared its revenue category as Class I (75 – 225 Crs).  Now, the revenue diminished by about 50%   in a decade of time?  Management is hiding the actual revenue with the motive to reduce wages to the employees.

Q. 4. What is the yardstick for fixing the Basic Pay of the employees employed in the establishment, as per the Pay Scales recommended by Majithia Wage Board?. Details may be provided.

Answer :  NOT properly fixed the Basic pay (IR 25% only included, instead of 30%, in old Basic).

Q.  5. Whether the old Basic Pay, DA and Stagnation Increment have been merged while fixing the Basic Pay in the revised Pay Scales of the employees employed in the establishment? Please give details.

Answer :   NO. (DA not properly implemented as per Manisana WB .For example, for Basic Rs 12755 as on 10 11 2011, the actual DA   should be Rs.10880. The management has given only Rs 2469 only).  The monthly difference is Rs: 8411/-.This difference has adverse impact and it continues from Manisana.

Q. 6. How many times the salary of the employees employed in the establishments have been increased after implementation of the new pay scales?

Answer :   After implementation  the salary increased by roughly  0.5 times only   NOT  by 2.5 times as expected by  WB).

Q. 7. Whether the implementation of the new pay scales, the management has stopped payment of additional emoluments   payable to the employees under any settlement or award?

Answer :  YES.( Stopped payment of addl. emolument from 2011)

Q. 8. Whether the employees including the contractual employees are being paid Variable Pay @ 35% of the Basic Pay?

Answer :   NO ( even regular employees get only 20%  of Basic  as Variable Pay, because of lower classification as class V).

Q. 9. Whether the DA, HRA, TA and other allowances payable to the employees are being calculated after merging the Variable Pay in the Basic Pay?

Answer :  NO ( DA given on Basic only, VP not added. But HRA, TA taken into calculation).

Q. 10. Whether the DA has been calculated from July 2010? What was the Index for DA in the salary of the previous month?

Answer :   NO.  Index for DA in the salary of the month Jan. 2015 to June 2015 is 80 points. DA calculation is as per Majithia recommendation (Total Index 247 – 167 = 80 points.)  But, the management calculation is Total Index 247 – 189 = 58 Points). Difference DA for 22 Points must be paid by the management.
Q. 11. Whether the financial up gradation on the basis of length of service (1) for every 5 years of service and maximum (3) in the old pay scale has been given to the employees while fixing their Basic Pay in the new pay scale?

Answer :  NOT even single weightage given.  Because of lower fixation of Class –V

Q. 12. Whether the employees are being paid Medical Allowance and Night Allowance as per the recommendation of Majithia Wage Boards?

Answer :  NO medical allowances given. Only Night Shift Allowance given as per Class V. And there is no arrangement for  medical insurance as per  Majithia

Q. 13. Whether the Provident Fund of the employees employed, in the establishment is being deducted after merging Basic Pay, Variable Pay and DA as per the provisions of The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955?

Answer :  NO ( Variable Pay  not included).

Q. 14. Whether Basic Pay, Variable Pay and DA are being taken into account while calculating the Gratuity of Retiring Employees?

Answer :   NO ( Variable Pay  not included).

Q. 15. Please given the number of working journalists, non-working journalists (employees employed in the administration) and non working journalists (factory workers) employed in the establishment as per the classification of the establishment.

Answer :  Management has to reply.

Q. 16. Please give the details of the employees employed in the establishment on the basis of permanent / temporary / contract / sub-contract or otherwise along with their designation, pay scales and length of service.  Also give details of other allowances being paid to them earlier.

Answer :  Management has to reply.

Q. 17. Whether there is any discrimination in respect of payment to the employees employed on contract basis?  Please give the agreement of service conditions executed with these employees.

Answer :  There is discrimination. (NO BENEFITS GIVEN TO CONTRACT STAFF).

Q. 18. Please give details of promotions / up gradation given to all the employees till date and state whether all eligible employees have been granted the benefit of Assured Career Development Scheme as per the recommendations of Majithia Wage Boards.

Answer :  NO, such scheme exits in the management as per Mjithia Wage Board.  The grade of Factory Employees was not fixed in the appropriate Group. Example: Group 1 in Manisana  was fixed  as Group 2 in Majithia .Similarly ,Group 1A in Manisana  has to be fixed in Group 3 in Majithia. But, the management fixed it in Group 4. There is huge loss of benefits to the employees in IA

Q. 19. Whether the Retiring Employees are being paid Gratuity and other benefits on the basis of pay scales recommended by Majithia Wage Boards?  Please give details of the employees who have retired after implementation of the Majithia Wage Boards i.e. 11/11/2011?

Answer :  NO (as per Majithia Wage Board, employees retired between 11.11.2011 and 31.3.2014, NO Gratuity and arrears difference given. After 1.4.2014 as per Class V, Gratuity is given, but not the arrears from 11.11. 2011)


To
The Inspector of Labour,
Tiruvellore.

Sub: Information on implementation of Majithia Wage Board Recommendations (Annexure – A containing 19 Questions)-  Relevant answers for 19 questions prepared by our Express Publications Retired Employees Welfare Association side

The office of the Deputy Labour Commissioner, New Delhi -110012 has sent one reminder with an enclosure of Annexure – A i.e containing 19 questions  to be answered by The Indian Express,  New Delhi We hope, such Annexure – A might have been received by the EXPRESS PUBLICATION (M) Ltd, Chennai also.

But, we do not know the manner in which those 19 questions were answered by the Management. But we know those answers will not reflect the real picture of implementation of the Majithia award. In the mean while, we, the association managed to get the copy of Annexure – A  and filled up from our part all the details regarding the implementation for all 19 questions and enclosed here with. We request you to compare the details given by the management and our association. Please do the needful and we will be ever thankful.

Enclosure :  Annexure A with our answer for 19 questions

Yours Sincerely,
D. Gunasekaran,
General Secretary,
Express Publications Retired Employees
Welfare Association,
48A, 3rd Cross Street,
Malliga Nagar,  West Tambaram,
Chennai – 600045.
24-06-2015


To
The General Secretary
All India Newspaper Employees Federation
F29, Shankar Market Indira Chowk
Connaught Place, New Delhi-110 001.

Sir/Madam,
Sub:  MAJITHIA AWARD not properly implemented by the EXPRESS PUBLICATIONS (M) LTD – HARASSMENT AND UNFAIR TREATMENT to STAFF SEEKING FULL IMPLEMENTATION

We are writing this letter to complain about the unfair and vindictive treatment of the management of EXPRESS PUBLICATIONS (M) LTD., CHENNAI Though the MAJITHIA Wage Board reiterated in its recommendation that the management should not harass the staff who are raising questions and take up the issues with the management regarding the improper implementation or non-implementation of the Award, the management is resorting to actions such as transfer and dismissal with a vengeance against staff questioning the management.

Whenever the staff members are raising doubts or seeking clarifications or queries on Award the management often shows an invalid and secret agreement signed between the management of EXPRESS PUBLICATIONS and Employess Union. The union was not legally formed and elected and the agreement was not signed by authorised signatories of the union. Main grievances:

1. Classification not fixed as per the Award. (Actual Class is III but the management implement Class V only)
2. Arrears not given form 11.11.2011 to 31. 03.2014 for existing staff and retired staff as per the recommendations
3. Gratuity and PF not effected accordingly.
4. DA not calculated and settled as per Manisana Wage Board from 2001 onwards for existing staff and retired staff.

The management of EXPRESS PUBLICATIONS (M) LTD, CHENNAI is daringly sacked one of its staff members and transferred another one for shooting a petition to the Special Grievance Cell of the Chief Minister of Tamil Nadu.

The Special Cell, taking action on the petition forwarded it to The Commissioner of Labour Tamil Nadu , who in turn visited Express Publication, Chennai, and conducted an enquiry. Angered by this, the management punished those staff with dismissal and transfer.
Further, we are yet to know the actions and status of the monitoring report of Commissioner of Labour to be submitted to the Hon. Supreme Court before November 8, 2016.
I, Dakshinamoorthy complained with State Labour Department was transferred unceremoniously with only 1 year service left to Nagapattinam and got retired.  
1, G.S.Janaki Ram too made complaint with Labour Department and as mentioned earlier Inspector Of Labour visited office for enquiry. Within 10 days of his inspection the management had terminated me without .mentioning proper reason. I have still 4 years of service to complete.

Please take this issue seriously and get justice to teach a fitting lesson to the erring managements especially Express Publications (Madurai) Limited. I hope maximum complaints from Express Publications only is the proof that EPML is violating all the rules framed in Majithia Wage board and most of the affected employees are not venturing forward to complain because of unscrupulous attitude. Under the cover of Freedom of Press the newspaper barons enjoying all the concessions, privilege, subsidies and government quota for newsprint. The ruling government can give pressure the managements by stalling government advertisements. This is the time  to take strict action.

From
N.Dakshinamoorthy and G.S.Janaki Ram
Express Publications (Madurai) Limited
Chennai

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