The NVS employees throughout India had gone on an Indefinite Strike w.e.f 06.2.2013 to 15.2.2013.The Indefinite strike was only a collective bargaining for the long pending demands and grievances unattended by NVS and the Govt. of India., such as CCS Pension Scheme rule 1972, 10% Special allowance to non teaching staff, to define work hours, for warden posts, etc,. When collective negotiations reached a deadlock, Hon'ble ,Minister of State for HRD Ministry Shri. Sasi Tharoor, intervened and assured that all genuine demands would be looked into by the Government and Navodaya Vidyalaya Samiti sympathetically in a time bound manner. The strike was called off on 15.2.2013 by all JNVs throughout the country. Your good self had also conceded that the staff had co operated and were positive in approach though on strike, and subsequently revoked the suspension orders. Notwithstanding the fact that it was assured during conciliation that the strike period would be taken positively, it is a hostile approach to take punitive and vindictive measures such as withholding the pay of the employees during the days on strike. Hope your good self, the Commissioner of NVS, showing benevolence and fatherly attitude to its own employees, reconsiders this and give appropriate directions to the Regional office to regularize the days on strike as duty period.
1. We just followed a democratic method of settlement of disputes. The strike was justified in the light of the facts and circumstances of the case. The strike followed all the legal procedures, so to speak except Recognition which NVS itself had deprived the Association sue motto. There was indeed a settlement in the course of conciliation.
3. Industrial democracy implies that the majority Union should have the right to sole representation i.e., the right to negotiate and enter into settlements with the employer. The need for Recognition of a Union was stressed in the Second Five Year Plan. The National Commission on Labour in 1969 recommended that it would be desirable to make Union's recognition compulsory under a Central law, in all undertakings employing 100 or more workers, or where the capital invested is above a stipulated size. The functions and the number of employees in NVS are analogous to an Industry, NVS Staff Associations deserve RECOGNITION at the earliest.
4. There should be immunity from criminal liability provided there is no criminal force or criminal assault or mischief. The NVS employees had resorted to only peaceful agitation without any violence and intimidation. Such a concerted movement for our rights deserves immunity from criminal and civil liability if it is peaceful and does not violate the provisions of law., or tortuous acts. There was no picketing or unlawful threats, as such ,in any Vidyalaya.
Nevertheless, our long working hours and dedication on Sundays and Holidays, round the clock, would suffice to condone the Indefinite strike and treat the those period as duty period and release the pay thereof; with all due consideration and remedial measures to our cries and prayers.