Government of India
Department of Expenditure
Controller General of Accounts
7‘“ Floor, Lok Nayak Bhawan
Khan Market, New Delhi
Subject: One day Strike on 12‘" December, 2012
All India Civil Accounts Employees Association and All India Civil Accounts
Employees Association Category [I have given a notice for one day Strike on [2'h December,
20i2 all over India. The All India Civil Accounts Employees Association Category II is not a
2. Attention is invited to the provisions of Government of India (Ministry of Home
Affairs) OM No. 25/23/66-Estt(A) dated 09.l2.l966 (reproduced as G.I. decision No. 2
below Rule 7 of CCS (Conduct) Rules, which inter-alia provides that under Rule 7 (ii) of
rules ibid. a Government servant shalt NOT resort to or in any way abet any form of strike in
connection with any matter pertaining to his service or the service of any other Government
employees. Ifany Government servant resorts to any action in violation of Rule 7 (ii) ofCCS
(Conduct) Rules, disciplinary action would have to be taken against him.
3. Attention is also invited to proviso to FR I7(l) according to which any em_ployee(s)
who is absent from duty without permission shall not be entitled to any pay and allowances
during the period of absence. Further, unauthorized absence shall be deemed to cause an
interruption or break in service of the employee under FR 17(A).
4. In this regard, the following decisions of the Supreme Court may also be brought to
the notice ofthe employees under your Ministry/Department. The Supreme Court has held in
the case of T.K. Rangarajan Vs. Govt. of Tamil Nadu [2003(6)SLR1 that no right exists
with the Govt. employees to strike, whether fundamental, statutory or an equitable
right. In All India Bank Employees Association Vs. National Industrial Tribunal 8:
Ors., (1962 (3) SCR 269) the Constitution Bench of the Supreme Court speciﬁcally held
that even very liberal interpretation of sub-clause (C) of Clause (1) of Article 19 of the
Constitution cannot lead to the conclusion that the trade unions have a guaranteed right
to strike, either as part of collective bargaining or otherwise. There is no statutory
provision empowering the employees to go on strike. The Supreme Court also agreed
that going on strike is a grave misconduct under the Conduct Rules and that
misconduct by Government Employees is required to be dealt with in accordance with
law. Hence, once it is proved that an employee has committed the misconduct of going
on a strike in any form, the Supreme Court has held in Bank of India Vs. TS Kelawala
[£990 (4) SLR 2491 that he will have to face the consequences which may include
~ ueduetion ot'wages and even dismissal from service.
5. In this context, it is clariﬁed that strike means refusal of work 01' stoppage or slowing
down of work by a group of employees acting in combination and includes: -
i) mass abstention from work without permission which is wrongly described mass
ii) refusal to work on overtime where such overtime work is necessary in public
iii) resort to practice or conduct which is likely to result in or results in the cessation
or substantial retardation ot‘ work in any organization. Such practice include what
are called, "go-slow", 'sit-down". “pen-down’. ‘stay-in', ‘token’, ‘sympathetic‘ or
any other similar strike as also absence from work for participation in a ‘Bandh’
or similar movements. I
6. Accordingly, Casual Leave or any other kind of leave, if applied for, should not be
sanctioned to the ofﬁcers and employees during the period of proposed strike, and it ShOttlCl
be ensured that the striking activities are not allowed inside and around the office premises. It
may also be ensured that the employees, who intend to attend their ofﬁce work despite the
call for the strike, are not prevented from attending, the ottice by the striking employees.
Suitable contingency plan may be worked out for carrying out the various functions in ﬁeld
ofﬁces and Principal Accounts Ofﬁces.
7. The above instructions may be brought to the notice of staff working under your
control. All the Pr. CCAs/CCAsfC‘As are requested to deal with the cases in respect ot‘
employees who resort to action as above. in the light ol'above referred instructions.
8. This issues with the approval Of'the competent authority.
All Pr. CCAs/CCAs/CAs
Copy to Accounts Oliticer (AdttttL). O/o CGA for taking appropriate action at their end.