07/11/SH NEWS

Upgradation of Grade Pay of LDC/UDC: Date of next hearing is 01/04/2020. The date of final hearing on the SLP filed against MACP on promotional hierarchy in Supreme Court of India is 21/01/2020

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Sunday, December 2, 2018

CONFEDERTION OF CENTRAL GOVERNMENT EMPLOYEES & WORKERS : : CIRCULAR Dtd.28-11-18


CIRCULAR  Dated 28-11-2018.
DECISIONS OF THE NATIONAL SECRETARIAT MEETING OF CONFEDERATION HELD AT NEW DELHI ON 20-11-2018
NATIONAL SECRETARIAT MEETING OF THE CONFEDERATION OF CENTRAL GOVT. EMPLOYEES &WORKERS WAS HELD AT NEW DELHI ON 20-11-2018 UNDER THE PRESIDENTSHIP OF COM: K.K.N.KUTTY.  THE FOLLOWING ARE THE IMPORTANT DECISIONS TAKEN IN THE MEETING.

  •            SCRAP NPS & RESTORE OPS
  •       HONOUR ASSURANCES GIVEN BY GROUP OF MINISTERS.
  •    INCREASE MINIMUM PAY AND FITMENT FORMULA.
  •       IMPLEMENT OPTION-1 FOR PENSIONERS.
  •       REGULARISE GDS & CONTRACT, CASUAL LABOURERS.
      SETTLE 10 POINT CHARTER OF DEMANDS OF CONFEDERATION.
NATION WIDE TWO DAYS STRIKE ON
8
th & 9th JANUARY 2019
STOP THE DISASTROUS NEO-LIBERAL POLICIES.
DEFEAT THE RULING CLASS POLITICS BEHIND IT.
                  National Secretariat of Confederation unanimously decided to make the two days nation-wide strike on 2019 January 8th & 9th a grand success in the Central Govt. Employees Sector.  The decision of the Central Headquarters to postpone the one day strike on 15-11-2018 and to organise two days nationwide strike on 2019 January 8th & 9th is ratified by the National Secretariat.  Srike will be organised on 10 points charter of demands of Confederation (reproduced below).  First and most important demand of the strike will be “Scrap NPS & Restore OPS”.  In connection with the strike, following decisions are taken.
1.      Strike campaign is most important.  The message of the strike and the demands raised should reach each and every Central Govt. employee and pensioner.  Notices, pamphlets, posters etc. should be printed and circulated among all employees.  Maximum campaign through websites, journals of affiliates, print and electronic media and social media should be made by each affiliated Unions/Associations/Federations and C-O-Cs.    The campaign should be intensified in the coming days.
2.      Each affiliated organization of Confederation should issue separate circulars to their lower units instructing them to participate in the two days strike and also to orgaise intensive campaign programmes for ensuring 100% participation of employees of each affiliate in the strike.  It is noticed that, during previous strikes, some of the affiliates had not issued any separate circulars and no specific instructions to participate in the strike was given to their lower units.  This has created problem for other organisations also at the lower level. This time every affiliate should issue their own circulars to lower units.
3.      All State/District level C-O-Cs should convene their managing body meetings immediately and work out detailed plan for intensive campaign among the employees under their jurisdiction.  C-O-Cs should play an effective and leading role in making the strike a grand success. 
4.      All affiliated organisations should plan and announce their own separate campaign tour programme of their leaders for organising strike at all centres and all offices.  This is most important.  Unless the leaders of affiliates make their own campaign tour programmes, the strike cannot be organised in an effective manner in all units. 
5.      Confederation National Secretariat Members will be visiting only selected important centres in each state for campaign meetings.  The tour programme of National Secretariat members will be published shortly. Programme may be finalised by mutual consultation of C-O-C leaders and National Secretariat members concerned.  (Campaign by each affiliate and C-O-C is given top most priority as the National Secretariat members are attending limited meetings only.)
6.      Strike notice should be served by each affiliate seperately to their departmental head on 12-12-2018 (6th anniversary day of 12-12-2012 one day strike).  Confederation Central headquarters will serve strike notice to Cabinet Secretary on 12-12-2018.   Copy of the strike notice should be served to all lower authorities also organising mass demonstrations of maximum employees. Complaints are received that some of the affiliates never serve separate strike notice to their Departmental head and also never circulate the copy of the strike notice served to lower units.  As a result, when C-O-C leaders approach, their lower unit leaders say that they have not received any instructions from their Central headquarters to participate in the strike.  This time Central Headquarters of all affiliated organisations should serve strike notice to their departmental heads and should also issue instructions to their lower units to participate in the strike.  Affiliation of those organisations which are not serving strike notice or issuing instruction to their lower units to participate in the two days strike will be withdrawn, as their is no meaning in continuing the affiliation of those organisations which do not implement the decision of the National Secretariat of Confederation.
7.      If due to unavoidable circumstances, any organistion cannot serve the strike notice on 12-12-2018, they may serve the strike notice on any other day before 23-12-2018.
8.      Even though all the leaders of Confederation and its affiliates are well aware of the full details of each demand raised in the 10 point charter of demands including NPS, it is decided to publish detailed note on each demands in the Confederation website in coming days as campaign material and talking points. 
9.      As almost all Central Govt. employees and pensioners are agitated over the unhelpful and negative attitude of the NDA Government, there is every possibility of making the two days strike a thundering success, provided the leadership of each affiliates and C-O-Cs rise upto the occasion and start mobilisation now onwards with all seriousness.
               Our wages and other benefits are under attack.
          Our job security is under attack.
          Our social security is under attack.
          Our trade union rights are under attack.
          Let us intensify our struggles from defensive to offensive and defeat the anti-worker policies of the Government.  Central Govt. employees can do it under the banner of Confederation.  Make the two days strike historic success.  Remember, we are not alone, the entire working class of India belonging to Banks, Insurance, BSNL and other public sectors, State Govt. employees and Teachers etc. etc. are all on strike on 2019 January 8th & 9th.  Don’t be a spectator, join the strike proudly and be a part of the fighting working class of India.  Our slogan is “change the disastrous neo-liberal policies, or else we shall change the Government”.
  OBSERVE  2018 DECEMBER 12  
as “SCRAP NPS & RESTORE OPS” DEMANDS DAY

          National Secretariat of Confederation has decided to observe 12th December 2018 (strike notice serving day) as Demands Day raising the demand - “Scrap NPS & Restore OPS” throughout the country.  All affiliates and C-O-Cs are requested to observe the day in a befitting manner by conducting demonstrations in front of all offices, organising gate meetings/general bodies and also wearing badges with the slogan - “Scrap NPS & Restore OPS”.  The struggle against NPS is getting intensified day by day.  Delhi State Govt. has passed a resolution in the State Assembly demanding the Central Govt. to scrap NPS imposed on Delhi State Govt. employees.  State Govts. of Kerala, Andhra Pradesh and Tamilnadu has already appointed Expert Review Committees to submit recommendations regarding modalities for scrapping of NPS and restoring OPS.  Tamilnadu State Government employees and Teachers (all organisations) have decided to organise indefinite strike demanding scraping of NPS and restoration of OPS.  Confederation is in touch with other organisations in Central Sector and is exploring the possibility of organising higher form of trade union action including indefinite strike.  After the two days strike on January 8th & 9th, an All India Convention of NPS employees along with other like-minded organisations will be organised.  Our ultimate aim is to organise an indefinite strike, no sooner than later, exclusively on one demand ie; “scrap NPS & Restore OPS”.
3. All India Trade Union Education Camp of Confederation:
          National Secretariat meeting decided to organise an All India Trade Union Camp of Confederation. Venue, date etc. will be finalised in consultation with C-O-Cs shortly and detailed circular will be issued thereafter.
4. All India Women’s Trade Union Education Camp - Haridwar - A grand success:
          All India Women’s Trade Union Camp of Confederation was held at Haridwar (Uttarakhand) on 29th & 30th October, 2018.  Com.Subhashini Ali, Ex-MP, inaugurated the camp by taking a class on the subject - “Indian Working Class - Challenges and opportunities”.  Second class was by Com.Keerthi Singh, Advocate, Supreme Court on the subject - “Women’s social status and rights in the Indian Society”.  Third class was by Com.T.K.Rajalakshmi, Editor, Frontline on the subject - “Media and Politics”.  Concluding session was on the subject - “Scrap NPS & settle Confederation’s 10 points charter of demands - significance of 2019 January 8th & 9th two day’s strike”.  Com.M.Krishnan, Secretary General, Confederation, Com. Giriraj Singh, President, NFPE, Com.Vrigu Bhattacharjee, Secretary General, National Federation of Civil Accounts Employees Associations, Com.S.B.Yadav, General Secretary, All India Postal Accounts Employees Association, Com.Worlikar, National Federation of Atomic Energy Employees, Com.D.B.Mohanthy, General Secretary, P4 Union (NFPE), Com. Virendra Tiwari, General Secretary, All Idnia Potal SBCO Employees Association addressed the concluding session.
          The Camp was presided by Com: Usha Boneppalli, Chairperson, Women’s Sub Committee who delivered a thought provoking presidential address.  Com.R.Seethalakshmi, Convenor, Women’s Sub Committee made introductory speech.  Com.Geetha Bhattacharjee and Com.Manisha Majumdar offered welcome address and vote of thanks on the second day.
          Com.Virendra Tiwari, Working Chairman of the C-O-C, UP State Committee and Chief Organiser of the camp welcomed the distinguished guests, leaders and delegates during the inaugural session.  Com: Anilkumar Chowdhary, Circle President, P4, UP Circle (Shaharanpur Division) presented special shawls to all guests and leaders.  The camp concluded at 02.30 PM on 30-10-2018.
          The Reception Committee made excellent arrangements for the camp.  Confederation National Secretariat congratulates the entire UP C-O-C comrades and convey our thanks to them for successfully organising the two day’s camp.
          Fraternally Yours,
         M. Krishnan,
          Secretary General,
          Confedertion.
          Mob & WhatsApp: 09447068125

Simplilcation of procedure for treatment at private hospitals empanelled under CGHS / CS (MA) Rules, 1964

POSTPONEMENT OF THE MEETING OF THE NJCA

TAMIL NADU GOVT. ORDERS CONSTITUTING EXPERT COMMITTEE TO REVIEW NPS ...


LEFT FRONT GOVT. OF KERALA CONSTITUTED A REVIEW COMMITTEE FOR SUBMITTING RECOMMENDATIONS FOR SCRAPPING CONTRIBUTORY PENSION SYSTEM (NPS)...






Expert Committee for revise of the CPS/NPS -- Govt of Andhra Pradesh


Wednesday, November 28, 2018

Resolution adopted by the Legislative Assembly of NCT of Delhi -- Abolish National Pension System (NPS) and reinstate the old Pension System ....

(Kerala Government has also proposed to revert the NPS to old pension scheme and constituted a committee to give its report). 


Sunday, November 25, 2018

Government of India
Ministry of Defence
(Department of Defence)
D(Civ-II)

Subject: Stoppage of fixed Allowance (FMA) to the Defence civilians employees working in the interior/ remote areas and their governance under CS(MA) Rules, 1944-reg.

The issue of extension of CS(MA) Rules, 1944 to the defence civilian employees working in the interior/remote areas was discussed in the meeting held on 18.06.2018 under the Chairmanship of Joint Secretary (Estt) on the various issues raised by the Staff Side of defence civilian employees/workers under provision of "Additional Mechanism".  During the discussion, it was informed that the appointment of AMAs has not been done in remote areas even after issuance of MoH&FW's OM No. S.14025/09/2013-MS dated 03.06.2015 extending the CS(MA) Rules 1944 to the employees residing in remote areas thus, denying; benefits to the employees.  In this connection it was decided that the instructions for appointment of AMAs in remote areas would be reiterated by D(Civ-II).

2. Accordingly a copy of MoD ID Note of even number dated 25.06.2015 alongwith MoH&FW's OM No. S 14025/09/2013-MS dated 03.06.2015 is enclosed herewith. It is requested to comply with the aforesaid MoH&FW's OM dated 03.06.2015 and extend the benefits of CS(MA) Rules, 1944 to the defence civilian employees residing in interior/remote; areas. Appointment of AMAs, wherever necessary, shall be done as per the provisions laid down under CS(MA) Rules, 1944.
Sd/-
(Pawan Kumar)
Under Secretary to the Govt. of India
FAQ ON ALLOWANCE, LEAVE, MACP, LTC, SENIORITY
AND RESERVATION

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Details
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Leave
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Related to UPSC, APAR and Commercial Employment after Retirement

Daily Wagers Entitled To Minimum Wages Applicable To Regular Employees Holding The Same Post, Reiterates SC [Read Judgment]


The Appellants are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts.’

The Supreme Court on Wednesday reiterated that temporary employees are entitled to draw wages at the minimum of the pay scales which are applicable to the regular employees holding the same post.

The bench allowed appeals filed by daily rated workers employed in Group ‘D’ posts in the Forest Department in Uttar Pradesh against Allahabad High Court judgment that had dismissed their pleas.

The high court had relied on Supreme Court judgments in State of Haryana v. Tilak Raj and State of Punjab v. Surjit Singh to hold that the daily wagers are not entitled to the minimum of the pay scales.

Before the bench, the appellants placed reliance on an earlier decision by a three-judge bench of the apex court in State of U.P. & Ors. v. Putti Lal, in which the apex court had affirmed a high court judgment that held that the daily-rated wage workers shall be paid at the minimum of the pay scales was affirmed by this court on the principle of equal pay for equal work.

The bench also noticed a judgment in State of Punjab vs. Jagjit Singh which had relied on Putti Lal (supra) and held that temporary employees are entitled to draw wages at the minimum of the pay scales which are applicable to the regular employees holding the same post.

Allowing the appeals and holding that these daily wagers are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts, the bench said: “In view of the judgment in Jagjit Singh (supra), we are unable to uphold the view of the High Court that the Appellants-herein are not entitled to be paid the minimum of the pay sales. We are not called upon to adjudicate on the rights of the Appellants relating to the regularization of their services. We are concerned only with the principle laid down by this Court initially in Putti Lal (supra) relating to persons who are similarly situated to the Appellants and later affirmed in Jagjit Singh (supra) that temporary employees are entitled to minimum of of the pay scales as long as they continue in service.”

The bench then directed the state to make payment of the minimum of pay scales to these daily wagers with effect from this December 1.


CLICK HERE  FOR THE COPY OF JUDGEMENT

Saturday, November 24, 2018

Notice for NJCA meeting on 04-12-2018

Employment Generation – A Major Issue of the General Strike on 8-9 January 2019


                                                                                                = Hemalata

‘Where is my job?’ This is the question troubling the minds of hundreds of lakhs of young people across the country. They want concrete answers from the government on just one of the many pre poll promises made by Modi and his BJP in 2014 to attract the young and get their votes. But, the Modi government acted deaf.

What is the employment situation in the country today, when the BJP led government is at the fag end of its tenure?

During the Parliament elections in 2014, BJP promised that, if voted to power, it would provide 2 crore jobs every year. After coming to power the Modi government has embarked upon an illusion creating spree of announcing various programmes – ‘Make in India’, ‘Skill India’, ‘Start Up India’, ‘Digital India’, ‘Pradhan Mantri Rojgar Protsahan Yojana (PMRPY)’ etc and etc, which it claimed would generate employment.

How many jobs did these schemes and programmes really generate? Let us just look at a few newspaper reports that show a highly disturbing situation.

·         1.9 crore appeared for the Railway Recruitment Board exam to fill 62907 posts, mostly of gang men, gatemen, helpers in electrical and mechanical departments. A large number of them were postgraduates.
·         23 lakhs applied for 400 class IV jobs in UP. 50000 of them were graduates
·         25 lakhs appeared for the exam for 6000 class IV jobs in West Bengal; many of them were graduates and post graduates
·         More than 2 lakhs appeared for 1137 posts of police constables in Mumbai. While the basic qualification was 12th standard, 543 were postgraduates and 425 were engineering graduates

Many more similar instances can be cited: engineers driving auto rickshaws, MBAs working as shop attendants, post graduates as servers in restaurants etc. They are not doing these jobs for fun. They are compelled to take up such low paying jobs, despite their high educational qualifications, because they could not find suitable and better jobs.

Most probably, many of the lakhs of educated youth are also selling ‘pakodas’ as suggested by the Prime Minister or running ‘pan shops’ or ‘rearing cows’ as per the advice of the BJP chief minister of Tripura. But obviously they do not share the view of the Prime Minister Modi and the president of his party Amit Shah that such a ‘job’ in which one earns ‘Rs 200 a day’ with no guarantee of work the next day can be called ‘employment’. That is why they wanted a secure job with guaranteed income, even if it does not obviously meet their original aspirations.

Apart from the ground level experience, data from several prestigious institutions show the worsening unemployment situation.

The ‘State of Working India 2018’ report of Azim Premji University states that between 2013 and 2015 total employment actually shrank by 70 lakhs; more recent data from other such eminent agencies show that the absolute decline has continued past 2015. It is reported that 15000 – 20000 people lost their jobs in the telecom sector during the six months period ending 30th September 2018. The staffing firm TeamLease Services estimates that 65000 telecom workers will lose their jobs by 31stMarch 2019.

According to a report by IndiaSpend, fewest organised sector jobs in seven years were created in large companies and factories across eight important industries in the country in 2015. 60% of those with jobs do not find employment for the entire year which indicates widespread underemployment and temporary jobs.

The report pointed out that though India had seen high growth after 1991, less than half the population was fully employed.

Employment in the information technology sector has also dropped drastically in 2017-18 though these companies’ revenue has shown a decent growth. They are increasingly resorting to use of automation and higher technologies. According to some experts, the slowdown in hiring and the reduction in the number of employees, is taking place much faster than anticipated.

According to the Centre for Monitoring Indian Economy (CMIE) unemployment rate in the country increased to 6.9%, the highest in two years. The number of persons employed in October 2018 was 39.7 crore. This was 40.7 crore in October 2017. 90 lakh jobs were lost in 11 months, up to September 2018 (Financial Express 26-9-2018). CMIE data also show that ‘joblessness is rising steadily from 3% of the potential workforce on 30th July 2017 to 8% on 23rd September 2018. This is a 167% increase in joblessness in just 14 months’. A new feature according to the report is the high rate of open unemployment, which is 16% for youth and the higher educated.

The trend of negative employment generation reported by these two non government agencies matches with the reports of the employment-unemployment surveys of Labour ministry that 2014 onwards net employment generation (including job losses owing to closure shut downs etc) has turned negative. There is an absolute decline in employment in the economy despite increase in GDP. The Labour Bureau reports of 2014 – 15 and 2015-16 reveal that hardly 3.7 lakh new jobs were created in the eight most labour intensive sectors including construction and IT, during this period. Of course, most of these jobs were temporary and contractual in nature. How did the BJP government react to these reports? It has stopped publishing of such reports by the Labour Bureau since 2016-17 on the pretext of revising the survey procedure.

But during the same period, at least 15 lakh jobs were lost due to shut downs, closures, lay off etc in industries and services. As majority of workers in industrial establishments are contract, casual/temporary etc, any decision to cut down production due to recession etc immediately results in retrenchment/ termination of services of these workers. Under the present BJP regime led by Modi, such cut down in production has become a regular feature.

The fact is that employment is on a downward trend. As this became clear, the BJP government started an aggressive campaign of false claims to cover its failure. It even involved various government run institutions like the Employees’ Provident Fund Organisation (EPFO) in this lie campaign. Led by the Prime Minister himself, ministers in the BJP government are competing with each other in spreading misinformation on employment generation to deceive people.

The Prime Minister claimed that 46 lakh jobs were created in 2017-18. The finance minister in his budget speech claimed that 70 lakh jobs have been created in the same period. Not to be outdone, the EPFO, obviously at the behest of the Labour Ministry, claimed that only in July 2018, 10 lakh new jobs have been generated. The latest is the claim that 85 lakh people have got jobs under the PMRPY.

What is the reality? The PMRPY is in fact a fraudulent project, which was announced by the Prime Minister in August 2016. Under this programme the employers’ contribution to Provident Fund for the new employees in the concerned establishment, will be paid by the government for a period of three years, as an incentive to employment generation. Through this programme, the BJP government under Modi has started a new kind of subsidy to the employers. It is shouldering employers’ statutory obligation on PF contribution, funding it from the national exchequer. The resultant increase in the number of EPF subscribers is shown as ‘employment generation’. The fact is that large numbers of workers who have been working are not covered by EPF despite being eligible for that owing to the failure of the enforcement machinery. Many employers deliberately flout the law. Under the PMRPY of the present BJP government, this failure of the enforcement machinery and deliberate violation of law is being covered up by huge transfer of people’s money to subsidise the employers. On the other this inclusion of already existing workers under EPF is dubiously shown as employment generation. This is how the BJP government under Modi is trying to serve its corporate masters and at the same time cheat the people. It might have disappointed the employment seeking youth. But it has satisfied the profit hungry corporates and big business. India’s ranking on ‘Ease of Doing Business Index’ has gone up from 130 to 100 and now further to 77. It wants to take it to under 50 by pursuing the same neoliberal policies, which have proved to be disastrous for the common people and the future of our youth.

Some of the ministers in the BJP government like Nitin Gadkari, though inadvertently, and a few bureaucrats were compelled to admit the truth. Reacting to the demands for reservation in jobs for the Marathas, Nitin Gadkari, the Surface Transport Minister in the Modi government, shot back asking ‘Where are the jobs?’ The Prime Minister’s claims in Parliament, citing EPFO payroll data, that 10 million jobs were created in the past year alone, were recently punctured by the chief statistician who said ‘EPFO enrolment data never talked about job creation’. 

More than 50% of population in the country is below the age of 25 and more than 65% below the age of 35. It is estimated that India will have the largest number of working people in the world, around 87 crore, within four years. Our country can achieve great strides in development in all spheres by utilising this huge potential by employing their energies and creativity in the production process, services etc. But under the capitalist system, particularly in its latest and most predatory phase of neoliberalism, which the BJP government under Modi is aggressively pursuing, this cannot happen.

The perception, that economic growth by itself would create jobs, has been proved to be wrong by several reports at the national as well as international levels. The Azim Premji University ‘State of Working India 2018’ report also states that under neoliberalism growth was creating fewer jobs in the country. ‘In the 1970 and 1980s, when GDP growth was around 3-4%, employment growth was around 2% per year. In the 1990s and particularly in the 2000s, GDP growth has accelerated to 7% but employment has slowed to 1% per year or even less’.

Employment situation has worsened under the neoliberal regime with steep fall in permanent jobs and increase in precarious jobs like contract, casual, temporary, fixed term, part time, apprentices, trainees etc. The situation has further worsened after the systemic crisis which started in 2008 and is still continuing. Such crises are integral to the capitalist system and the employers seek to protect their profits by shifting the burden on to the workers. Increasing unemployment is one of the outcomes of this.

The joint trade union movement has been raising the demand for employment generation since long. It has been demanding that the concessions and exemptions being given to the big corporates should be linked to job creation. But the government totally ignored the demand. While every year tax exemptions of around Rs 5 lakh crore are given away to the big corporates, employment generation is becoming negative. Money due to the government is money due to the people. That is being waived off on the pretext that this will create jobs. But this has become a chimera. Net employment generation is turning negative. Whatever employment that is created, is of very poor quality, indecent, with no job security, income security or social security.

Employment generation is one of the 12 points demands raised by the country wide general strike on 8-9 January 2019 called by the joint trade union movement. The two days’ strike is part of the continuous struggle against the anti worker anti people and anti national neoliberal regime, which the BJP led government of Modi is pursuing with increased vigour and brutality.

Not only that. The BJP leading the government and its ideological mentor, the RSS are trying to divert the attention of the people and particularly the energies of the youth into unproductive and destructive channels. The RSS and its many outfits are utilising the frustration among the youth against lack of jobs, against lack of opportunities to develop their talents and creativity etc to create animosities on the basis of religion, caste, region etc, to polarise society for the electoral gains of the BJP. The issues of construction of Ram mandir at Ayodhya, the instigations against Supreme Court judgment allowing entry of women of all ages to the Sabarimala temple, the increasing attacks on minorities and dalits etc being engineered by the RSS and its various outfits are meant to achieve such polarisation of society. They are meant to divide - the working class, youth and society in general, disrupt people’s unity and weaken the fight against the neoliberal policies. The working class must be vigilant against any such attempts, protect its unity and defeat such divisive machinations.

Employment, along with many other issues on which the two days’ strike focuses, is an issue as much of all sections of the people as it is of the workers.

CITU appeals to the entire working class irrespective of their trade union or political affiliations to join the two days’ strike.

CITU also appeals to all toiling people and all sections of society to extend their solidarity and all forms of support to the strike.