sujaybanarji@orientalinsurance.co.in, phemamalini@uiic.co.in, administrator@nic.co.

in,
aksinghal55@gmail.com, cmd@nic.co.in, bhumika.verma@nic.in,
thomastoommen@orientalinsurance.co.in, rajesh.agarwal@nic.co.in,
gsrinivasan@newindia.co.in, "info@gicofindia.com" <jsfi-dfs@nic.in>, cmd@gicofindia.com
; secy-fs@nic.in, secy_mop@nic.in, secy-labour@nic.in

Ministry of Labour and employment,/DFS, Ministry of Finance/DOPT

New Delhi.

General Insurers Public Sector Association

(GIPSA), Ground Floor, 5,
Jeevan Tara Building, Sansad Marg,
NEW DELHI-110001.
cc: Members of GIPSA
1.Mr. G Srinivasan,Chairman GIPSA & NIACL;
The New India Assurance Co. Ltd,
87,M.G. Road,Fort, Mumbai-400001
2. Shri K Sanath Kumar., CMD;
National Insurance Company Limited (NICL)
3, Middleton Street, Kolkata - 700071.
3. Shri Sujay Banarji, CMD,
Oriental Insurance Co. Ltd, A-25/27, Asaf Ali Road,
New Delhi 110002
4. Mr. Ariful Hoda CMD
United India Insurance Co. Ltd. 24,
Whites Road, Chennai 600014
_____________________________________
General Insurance Corporation of India ,
"Suraksha", 170, Jamshedji Tata Road,
Churchgate, Mumbai - 400 020
...........................................................................................

Subject: Re: Cognizance of Unfair Labour Practices: ShriGopal Soni Vs.

GIPSA and NIACL
Madam/Sir,
That during the the course of hearing of workman's raising industrial
dispute against the GIPSA and the NIACL to the Assistant Labour
Commissioner (ALC) dated 12/12/2017 it was agreed that the workman
shall supply the relevant news clip of the High Court order that
service connditions cannot be altered by way of a circular.
You are requested to please be informed of the attachment make genuine
effort for concialiation of the dispute.
regards,
Shri Gopal Soni,(workman),C231, Panchsheel Nagar,
Ajmer-305004
91-9414982395
enclosed:-
1. text of appointment letter of workman
2. News clip of high court decision
3. issues raised by workman dated 8.08.2017
...........................................................................................................
Service Conditions of Shri Gopal Soni Hindi Translator as mentioned in appointment letter dated
13.06.1988 issued by NIACL, Regional Office, Delhi. (a subsidiary company of General
Insurance Corporation of India). Reference Regional Office ii/Personnel/Recruitment/Neelam/87

1. Your appointment shall be with effect from 24.02.1988 your reporting for duty to
Regional Manager/Deputy Manager/Divisional Manager.
The new India Assurance Co Ltd, Branch Office, Ajmer
However,the aforesaid date should not be later than a fortnight to the acceptance of this
letter.

2. (a) You will be on probation for a period of six months which may be extended at the
discretion of the Management.
(b) During the probationary period your services will be liable to termination without
notice and without assigning any reasons by the Company.

3. deleted ****** ((applicable only to assistant (typist))

4. You shall be entitled to confirmation of services if you succeed by completing the

probationary period.

5. On confirmation of probationary period you shall be entitled to other allowances, e.g.

Provident Fund, Gratuity etc.

6. Increments in salary are not released automatically, they are based upon regular
attendance, good conduct, satisfactory work and performance and is subjected to other rules
of the Company also.

7. While in the services of the Company, including probationary period you will be subject to
the rules and regulations of the company, including General Insurance (Conduct, Discipline
and Appeal) Rules, as are in force from time to time and carry out instructions given to you
from time to time orally /in writing.

8. During the probationary period if you leave/resign from the services of the Company, you
are required to give three full days notice in writing. In default company shall have right to
deduct from dues payable to you/recover from you directly an amount equivalent to three
days salary.

9. On confirmation your appointment is terminable at any time by giving one months notice
in writing on either side without assigning any reason.

10. You are liable to be transferred from one department to another from the Company to
any subsidiary of the Corporation or from one place to another as and when required to do so.

11. The Companys right at law to take any action against you and to recover the dues of the
Company from you and/or to claim damage from you and the rights of the like nature will
not be affected or deemed to be waived by any reference to the terms and conditions
mentioned herein and they are expressly reserved notwithstanding any specific mention
herein of the rights of the Company.

12. You will have to undergo such training either during probation or any time thereafter as
may be prescribed by the Company.

13. Your appointment shall be subject to with effect from your reporting for duty. The
appointment letter shall be cancelled in the event of your not reporting for duty within a
fortnight.
You may return the duplicate of this letter of appointment duly signed by you,
to indicate that you have accepted all the conditions mentioned in this letter.
Yours Faithfully,

(Rajendra Beri )
Deputy Manager/Regional Manager
****** (words which have been deleted by the Company have been indicated*****)
 1

Ministry of Labour and Employment (Central), 8/08/2017

Ajmer-305004.

Kind attention:- Dy CLC, ALC

Re: - Cognizance of Unfair Labour Practices

V/s The General Insurers Public Sector Association (GIPSA) &

The New India Assurance Co. Ltd (NIACL)

Rules abbreviations used against the workman in between 2008 to 2011

1. NIAC CDA Rules New India Assurance (a)Never published as

2003 Company Conduct printed book from 2003 to
Discipline and Appeal calendar year of 2009
Rules (b) Never placed on public
domain
2. NIACL CDA Rules Limited is playfully .as above
2003 added to 1.
3. GICDA Rules General Insurance Published in a booklet by
1975 Conduct ,discipline NIACL during 2008
and Appeal Rules Supplied to workman as a
citizen of India in terms of
Right to Information Act
3 different CDA Rules:-

a. Gyapan(s) of So called domestic CDA rules No.3 above

February 2008 and inquiry/investigations
May 2008 took place between
2008-2009
b. Two penalty orders of November 2009 CDA rules No.1 above
c. Two rejection of of May 2010 CDA rules No.2 above
appeal(s)
d. chairmans order of June 2011 CDA rules No.2 above
The workman , a stickler for Rules, seeks personal presence of CVO NIACL and
GIPSA chairman,for conciliation because of :-

Are there ethics applicable to Yes,there is (a) Book of Dos and

decision makers of NIACL/GIPSA
Relevant ethics from book:-
DO NOT
Is there a direction not to harass
the workman
Donts
-be arbitrary and capricious in your
decisions
-delay decisions and retain the
files for long
Yes, April 2008 directions issued by
Central vigilance commission (CVC)
 2

1. Facts:- (a). Every NIACL

The workman is appointed with employee is issued an
effect from 24/2/1988 at Ajmer order of being
NIACL ,his designation is Hindi relieved from
Translator. Status continues workplace. No such
,there is neither a consent nor communication is ever
any order for change in his issued to workman.
NIACL Ajmer argues designation.
the workman is not
their employee The workman is issued a transfer (b) in spite of two
order 5/6/2007 transfer orders there
The high court directs status quo. is no communication
The workman was issued an from either office of
order dated November 2009 of NIACL to workman to
dismissal upon presumption that join duties.
he is an assistant.
The only grave charge alleged
against the workman is:-
Transfer Policy (TMP)
as approved by GIPSA
stipulates no transfer
without need.

2.
NIACL argues the CGIT-labour court, order dated Ministry of Labour
matter is sub- 12/4/2016 that applicant publishes the award
judice (workman) has applied to dated 13/6/2016
withdraw the reference and the
employer vide communication of
15/10/2015 has no objection.
3. GIPSA has not 3. That the recruitment to the post of As submitted to the
Hindi Translator was made by the
appeared before New India Assurance Co. Ltd. Rajasthan High court,
you,however,its According to its service rules and Jaipur in respect of
further the post was categorized as S.B.CIVIL WRIT PETITION
fallacy is:- assistant vide order dated 24.03.2006. NO. 14838/2010

GIPSA tactics to evade NIACL admits that there is

injustice to Hindi Translators
its responsibilty the mandatory qualification
of an assistant is 12th std.
while a Hindi Translator (e.g.
the workman) is recruited
with ii class graduate, it has
referred the matter to GIPSA

The issues in the present circumstances, are:-

1. Whether the The service conditions Printed booklet

punitive rules of of workman mention published as per NIACL
 3

NIACL are General Insurance Head Office RTI reply***

manipulated to Conduct Discipline and of CPI Cell/2008/56
harass, intimidate Appeal (GICDA )Rules of dated 3.06.2008 by
and destroy the 1975*** as per Inderjeet Singh, Manager
career of an appointment letter.
honest workman
(a) February 2008 {Ex-parte}* Domestic
(c) May 2008 gyaapan* investigations held under
the GICDA Rules-1975
(b)Suspension orders Power from
dated 10.4.2008 GICDA Rules-1975

The Penalty orders of Domestic investigations

(a) and (c) swap rules of a branch manager
shockingly as NIAC CDA held under GICDA Rules-
Rules 2003 1975
.
Penalties awarded or ( CDA Rules named February 2009:- CDA
ratified in terms of (a) either NIAC CDA Rules, Rules of 2003 placed on
NIAC CDA Rules 2003 or NIACL CDA Rules intranet (not public
(b) NIACL CDA Rules remain secret from 2003 domain) however ,
2003 during November upto February 2009) enforced from back date
2009 to June 2011 As per news published in Rajasthan High Court says
Dainik Bhaskar 6 August service rules cannot be
2008 altered by circulars
2. Whether the
NIACLs RTI reply to applicant
swapping of There is no circular workman dated 06.07.2017:-
punitive rules informing the GICDA We state the the New India
were ever Rules 1975 are Assurance Company Ltd.
(Conduct, Discipline and Appeal)
notified? swapped/altered Rules 2003 were in force from
2003 till 21.03.2014

3. Abuse of office of Vide reply dated 19 Existence of hindi

NIACLs chief Janauary 2009 the then translator is denied by
vigilance officer CVO, NIACL stressed 3 Head office of NIACLs
;did CVO wrote a times to Central Corp. Human Resource
wilful fraudulent Vigilance Commission
statement? that Mr. Soni is a Hindi
Translator

On August 22,2009 the workman informs The definition of employee is not applicable
the decision makers of NIACL:- to applicant with reference to # Rules 1975
 4

4. Is the designation of During entire Chief Regional Manager

workman swapped in disciplinary of NIACL Jaipur Regional
a vicious manner by proceedings from so Office issues non-
NIACL decision called gyapan to farce speaking transfer letter
makers? of enquiry@ to dt. 22.06.2011
penalties,its Mr. Shri Gopal Soni
ratification to Hindi Translator
chairmans order from C-231, Panchsheel
February 2008 to first Nagar,
half of June 2011 the Ajmer-305004
workman is addressed
as assistant.
@please see issue no.6
5.
Is the Personnel Only the authority of NIACL chairmans no
manual of the NIACL chairman is specific order how the
being followed by empowered to create post of the workman is
NIACL decision post of an employee in abolished or re-created
makers? the NIACL
6.
Jaipur NIACL informs to the English version of
Are the manipulative comply with Supreme Courts
decision makers of charge sheet was never
transfer of RTI on 22/ 12
/2009 in reply of workmans supplied to you
NIACL taking
RTI 14 /11/2009
advantage of a appellant is an employee
working class? The central information of the ..(respondents) at
commission records 12 Jaipur and was placed
Was domestic June 2008 reply of under suspension for
enquiry/investigation Manager(s) of NIACL Head insubordination and
an empty formality? office:- misconduct.

7. The workman,despite
Is NIACL or its Less than 7% of the keeping best insurance
association GIPSA an alleged corrupt (in qualifications ,of no
honest/equal terms of PCA) in the vigilance or audit
opportunity NIACL are put to remark during career of
employer suspension. two decades {February
1988-2008} is never
promoted.

SHRIGOPAL SONI, (Workman-Hindi Translator)

C231,Panchsheel Nagar, Ajmer-305004. 91-9414982395 revribhav@gmail.com