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Friday, July 17, 1998

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Postal strike called off
No victimisation: PM
Tribune News Service and agencies
New Delhi, July 16 — The eight-day old postal strike was today called off after the postal employees unions reached an agreement with the Union Communications Minister on their 10-point charter of demands.
The government and the employees unions maintained that the agreement envisaged an early decision on the demands.
The Prime Minister, Mr Atal Behari Vajpayee informed the Rajya Sabha that the strike had been called off. No victimisation of any staff member would take place, he assured the House, which was adjourned thrice during the day over the issue.
The Federation of National Postal Organisation and the National Federation of Postal Employees, which had spearheaded the agitation by six lakh employees of the Postal Department, also issued a joint statement declaring an end to the strike.
The statement said the Postal Joint Council of Action had "very fruitful discussions" with Chairman and members of the Postal Board yesterday.
It said the Communications Minister, Ms Sushma Swaraj, had assured the employees that their demands, including implementation of the Talwar committee recommendations on extra departmental employees, would be settled expeditiously.
"The JCA expressing full confidence in the minister’s assurance, calls off the strike forthwith. The JCA appeals to all employees to resume work with immediate effect," the statement said.
Ms Swaraj also made a statement in the Lok Sabha in which she said that the Federation of National Postal Organisation secretary-general, Mr G.K. Padmanabhan, and his counterpart in the National Federation of Postal

Employees, Mr R.L. Bhattacharya, had given an assurance that they had full faith in her and were confident that she would resolve the problems facing the postal employees. "It was a good beginning of cordial relations between the government and the unions," she said.
The decision by the Postal Joint Council of Action to withdraw the strike and resume work with immediate effect came a day after the government proposed to seek the help of the Army and retired postal employees as part of a contingency plan to restore postal services in the country.
The decision to end the strike was taken after the postal union leaders held a two-hour-long meeting with Ms Swaraj. The ground for resolving the deadlock was laid yesterday at a daylong meeting between the union leaders and the Postal Board Chairman, Mr R.U.S. Prasad.
According to the secretary-general of the Federation of National Postal Organisation, Mr G.K. Padmanabhan, the strike had been called off after the minister’s assurance that their demands would be considered and "an agreement signed on some of the issues tomorrow".
"We have got a verbal assurance and from this evening we will resume work. The government will also be setting up a committee to look into our demands and we will have representation in the committee so that our demands can be effectively discussed."
He said the minister had promised to take up some of the issues with the Finance Ministry. "The issue of bonus had been put before the Cabinet and the minister has assured an early solution to the demand."
Mr R.L. Bhattacharya, secretary-general of the National Federation of Postal Employees, said the backlog, which had resulted due to the strike, would be cleared "without any demand for overtime from us. We took this decision after the government assured us that no pay would be cut for the strike period."
The 10-point charter of demands includes — implementation of all positive recommendations of the Justice Talwar committee on extra departmental employees and rejection of all adverse recommendations thereof.
— improvement of pay scales for postal Group D in various grades.
— upgradation of pay scales of postmen/mail guards/head mail peons in various grades commensurate with their responsibilities, risks and qualification.
— upgradation of pay scales of LSG, HSG II and HSG I and LSG scale to PO and RMS accountants to match their qualification.
— upgradation of pay scales of drivers and workshop staff in view of their duties, responsibilities and technical skill.
— improved pay scales to stenographers.
— restructuring of cadres of postal accounts by upgrading the sorters cadre to the LDC cadre with consequent upgradation of the LDC working in the technical section to junior accountants;
— upgradation of pay scales of junior accountants from Rs 1200-Rs 2040 to Rs 1350-Rs 2200 in the pre-revised scale with a replacement scale of Rs 4500-Rs 7000.
— grant of special pay for all qualified JAOs awaiting promotion in postal/RMS services.
— regularisation of part-time/contingent paid/casual labourers and grant of all benefits, including bonus, an a par with the regular employees.
— finalisation of the bonus formula and immediate grant of additional number of bonus as found justified as per the statistical figures for the years 1995-96 and 1996-97.
Earlier, amidst bedlam, the Rajya Sabha was adjourned thrice with a determined Opposition demanding a statement from the Prime Minister on reports of Army assistance being sought to maintain postal service hit by the nationwide strike.
Chairman Krishan Kant abruptly adjourned the House till 1700 hours as the agitated opposition members, particularly from the Left Front, wanted a clear statement from Mr Atal Behari Vajpayee on the reports of Army assistance for running the crippled postal services.
Mr Vajpayee, while sharing the concern of Leader of the Opposition Manmohan Singh over the gravity of the situation caused by the strike, appealed to the postal employees to end their strike immediately so as to pave the way for an amicable solution through negotiations.
The Opposition, however, was not satisfied and wanted a categorical reply from the Prime Minister over the question of seeking Army assistance.
Even as Communications Minister Sushma Swaraj, amidst the din, denied reports that the Army had been called in, CPM and CPI members insisted upon a statement from Mr Vajpayee.
Rejecting the Opposition demand, Leader of the House Sikandar Bakht said: "You cannot dictate the House. You have to allow the minister to place the facts.’’
This sparked off heated exchanges between the ruling and opposition members and the Chairman’s appeal for order went unheeded.
Mr Kant observed: "The charge is against the minister. In all fairness of parliamentary democracy, if you do not allow the minister to speak, it is anti-parliamentary and anti-democracy."
While the ruling party members welcomed the Chair’s remarks with the thumping of desks, Opposition members turned more vociferous in demanding an assurance from Mr Vajpayee for an amicable and early settlement to the strike leading to an adjournment after a 30-minute bedlam during zero hour.
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Women's Bill likely next week
Tribune News Service
NEW DELHI, July 16 — The government intends to once again move the jinxed 84th Constitutional Amendment Bill providing for 33 per cent reservation for women in Parliament and state assemblies next week.
This was announced by the Parliamentary Affairs Minister, Mr Madan Lal Khurana, after an all-party meeting called today by the Speaker, Mr G.M.C. Balayogi, to finalise the business for next week.
Attempts to introduce the Bill last Monday ended after Mr Surendra Prasad Yadav of the Rashtriya Janata Dal snatched papers relating to it from the Law Minister, Mr M. Thambidurai and on Tuesday, the Speaker deciding to defer it for the time being.
Briefing the media, Mr Khurana said the government stood committed for the introduction and passage of the Bill and sought to shift the blame onto change of stand by some political parties which had earlier promised to support it in the present form.
He said at the all-party meeting, the issue of providing quota for Other Backward Classes and minorities within the 33 per cent quota was raised with the Samajwadi Party president, Mr Mulayam Singh Yadav, stating the party would continue to stall the introduction if the Bill was moved on Monday.
Mr Khurana said the Speaker suggested that since Mr Mulayam Singh Yadav wanted to hold one-to-one discussions with leaders of various political parties, time might be given for the same.
At a similar all-party meeting last Tuesday, the Samajwadi Party chief and

Rashtriya Janata Dal president, Mr Laloo Prasad Yadav, had sought two days time to consult with other parties and it was left to these two leaders to work on a consensus on the issue.
Mr Khurana said since already three days had elapsed the government was keen to introduce the Bill and informed the Speaker of its intention to do so next week.
The Parliamentary Affairs Minister, said support for introduction of the Bill came from the Left parties, Trinamool Congress and the Telugu Desam while the Congress said the onus of introducing was on the government.
Mr Khurana said he informed all that any attempts to bring in amendments to the present Bill would mean it could not be moved in the current session of Parliament.
Citing reasons he said once amendments were suggested to be incorporated before moving it, the same had to be referred to the Law Ministry for clearance from legal angle. This would delay its introduction.
The Leader of Opposition, Mr Sharad Pawar, later said the Congress stood committed for providing reservation to women and suggested it was not opposed to any discussions the government might want to have on the issue.
Despite claims of support from the Trinamool and the CPM, two of its members, Ms Mamata Banerjee and Ms Gita Mukherjee, reportedly walked out of the meeting after Mr Khurana did not give any firm date for its introduction next week.
Mr Khurana contended that it was for the Speaker to decide the business for each day and his ministry would only have to place a request declaring its intention.
With consensus yet eluding on the issue of providing quota for OBCs and minorities, the introduction of the Bill could once again run into rough weather.

Clinton empowered to lift trade sanctions
WASHINGTON, July 16 (PTI) — Barely 24 hours after President Bill Clinton signed a legislation to ease American sanctions on agricultural products. The Senate has adopted an amendment giving him the authority to lift trade sanctions against India and Pakistan, imposed after their nuclear tests, for a period of 12 months.
When passed by the House of Representatives and signed by the President, the amendment will allow the USA to lift sanctions on EXIM-bank loans and Overseas Private Investment Corporation (OPIC) and Trade and Development Agency funding.
It will also enable the USA to vote for all loans by the World Bank and other international financial institutions and allow the President to remove the remaining Pressler Amendment restrictions which affect Pakistan.
"This amendment is not meant to be a cure-all for the long-term problems posed by India and Pakistan’s nuclear testing and the resulting sanctions," said Chairman of the Senate Foreign Relations Sub-committee on Near-East and South-Asia, Sam Brownback, who attached it to the Agriculture Appropriations Bill yesterday.
"It is intended to provide the administration with the flexibility to waive sanctions for a 12-month period, during which I am hopeful some semblance of economic stability, particularly in Pakistan, can be restored," the Republican Senator from Kansas said, adding that it would also help reopen important markets for US exports.
Mr Brownback referred to provisions still on the sanctions list, such as those disallowing waivers on the US sale of defence-related products, and said, "Keeping these provisions on the sanctions list sends an important message to India and Pakistan."
"We do not want to contribute to additional irresponsible behaviour by India and Pakistan, and possibly endanger our own national security interests.
"There is a crisis in South Asia and the USA is disengaged. Sanctions policy is well-intentioned, and has served us well in discouraging other countries from testing nuclear weapons, but is now the prime impediment to our re-engaging in this vital region," he said.

Giving details of the amendment, Mr Brownback said, "it allows the President to waive provisions contained in the Arms Export Control Act. It restores Export-Import Bank programmes, Overseas Private Investment Corporation and Trade and Development Agency funding.
The amendment also provides for support to extension of loans, or financial or technical assistance, by international financial institutions such as the IMF, World Bank, Asian Development Bank or Asian Development Fund to India and Pakistan.
"It also permits US banks to make loans and provide credit, and waives the Pressler Amendment regarding provision of assistance to Pakistan," Mr Brownback said.
However, the amendment does not permit waivers for US government sales of defence articles, design and construction services, and licences for export of US munitions list items.
"It does not waive foreign military financing under the Arms Export Control Act. Nor does it waive exports of specific goods and technology relating to the Export Administration Act of 1979," Mr Brownback noted.
India and Pakistan, he said, "are paying a significant political and economic cost for their nuclear testing. India is in financial trouble, but Pakistan is on the verge of collapse.
"India’s economy is in a slowdown. It grew an estimated 5 per cent for the fiscal year ending March 31, 1998, down from 7.5 per cent in 1996-97.
"Foreign direct investment is down and India’s foreign reserves dropped from $ 30 billion in August 1997 to $ 27.3 billion in February of this year. There has been considerable capital flight from the country following imposition of sanctions."
"Pakistan’s situation is desperate —facing a hefty foreign debt of over $ 30 billion and Pakistan’s foreign reserves have dropped to $ 1 billion," Mr Brownback said initiating the amendment.
"They are less than two months from defaulting on their foreign loans. In recent years, Pakistan has been plagued by double digit inflation and an economy which has grown modestly at 2.3 per cent," he said.
In discussions with the administration and in hearings which he had chaired in recent weeks, Mr Brownback said. "The administration has sought some flexibility to deal with this issue".
"I have received assurances from the administration that they do not plan to ease sanctions unless India and Pakistan have achieved significant progress in meeting our non-proliferation objectives.
"This legislation gives the administration the short-term flexibility it needs to work constructively with India and Pakistan towards meeting those objectives."
Earlier, the Senate passed an amendment to the same Bill moved by democratic Senator Christopher Dodd, exempting food and medicine from all unilateral sanctions unless the president exercises a waiver in the national security interest of the USA.

Khalra case eyewitness kidnapped
From Navjot Sandhu
AMRITSAR, July 16 — Human rights activist and an eyewitness in the Jaswant Singh Khalra kidnap and murder case, Rajiv Randhawa was allegedly kidnapped by five unidentified persons here yesterday.
According to reports Rajiv went to market on a Kinetic Honda with one of his friends, he was to go to Punjab and Sind Bank. According to eyewitness Arun Kumar, an RSS worker and shopkeeper, after parking the scooter in front of his shop Rajiv went inside the bank. When he came out of the bank, he was surrounded by five persons with muffled faces who had come on scooters.
He further said the five tied Rajiv's hands and forcibly took him away. It took all by surprise.
Mr Surinder Gharyala, chairman of the Khalra Action Committee, and general secretary Balwinder Chhabal have alleged that this is the handiwork of the police since Rajiv was an eyewitness in the Khalra kidnapping and murder case and had identified DSP Jaspal Singh and SHO Satnam Singh.
They further said that they were reporting the matter to the police and sending telegrams to the Chief Minister, the Supreme Court and the High Court regarding the alleged police atrocities.
Anonymous calls were received by a few reporters today narrating the whole incident but the caller refused to identify himself.
The next date for hearing in the Khalra case is July 25

Opposition calls for ban on play
Tribune News Service
NEW DELHI, July 16 — Opposition members in the Lok Sabha today urged the Centre to direct the Maharashtra Government to ban a Marathi play that attempts to see Mahatma Gandhi’s life through the eyes of his assassin, Nathuram Godse.
The government on its part assured the members it would seek a report from the Maharashtra Government and the Home Minister or the Prime Minister would make a statement regarding the matter in the House.
The Union Parliamentary Affairs Minister, Mr Madan Lal Khurana, said Gandhi continued to be a source of inspiration for the Bharatiya Janata Party and any attempt to denigrate him should be condemned. He, however, urged the members to await clarification from the Maharashtra Government and know the circumstances under which the play was cleared by the state’s censor board on stage plays.
Mr Khurana pointed out the play was originally staged in Gujarati and more than 50 shows had been held so far. He said the Gujarati play had not raised any storm.
Raising the issue during zero hour, a Congress member, Mr Ajit Jogi, said the play "negates national heritage, ignores sacrifices made in the freedom struggle and falsifies the country’s history."
The play denigrates all that Gandhi stood for, including non-violence and his crusade against untouchability. Janata Dal member Jaipal Reddy alleged Godse was an RSS activist and the same forces were now encouraging the staging of the plays in Maharashtra.
Mr Somnath Chatterjee of the CPI said the play, according to newspaper reports, tried to eulogise the murderer of Gandhi and it should not be allowed to continue.

Shiv Sena member Madhukar Sarpotdar urged the Opposition not to rush to any conclusion on the basis of newspaper reports and said they should find out the full facts before making any allegations.
Mr Lal Muney Choubey of the BJP made a spirited defence of the play, saying that the judgement should be left to the people. He said great personalities like Christ and Gandhi had been assassinated and they continued to be held in high esteem by the people.
He said the people were not so naive as to get carried away by a play and it was wrong to assume that the Marathi stage show would influence people’s respect for Gandhiji. Mr Choubey charged the Opposition with politicising the issue.
A former Prime Minister and veteran member of the House, Mr Chandra Shekhar, rose to point out the issue should not be seen in the gamut of cultural freedom as it was a matter related to the basic value system and principles of the country.
Newspapers had been regularly reporting about the controversial play and if they were not based on facts the Maharashtra Government should have come out with a clarification by now, he added. He said the play should be banned.
While making the government’s stand known on the issue, Mr Khurana said he could appreciate Mr Chandra Shekhar and Mr Jogi's concern over the issue but he did not understand the concern expressed by the Communists as the same people had dubbed Gandhi and Subhash Chandra Bose as "traitors" in 1942.
Mr Somnath Chatterjee reacted by saying that the minister’s knowledge about history was poor and the communist parties had never said anything like this.
PTI adds: The Congress on Thursday declared it would agitate both inside and outside Parliament till a ban was imposed on the controversial Marathi play "Me Nathuram Godse Bolto", which, it felt, sought to berate Mahatma Gandhi and glorify his assassin.
A decision to this effect was taken at a meeting of the party’s parliamentary affairs committee presided by party president Sonia Gandhi today.
Later, party spokesman Ajit Jogi demanded removal of the chief of the censor board concerned in Maharashtra which cleared the play.
The controversy over Marathi drama “Nee Nathuram Godse Boltoy” (I am Nathuram Godse speaking) has taken a new turn with its producer Udaya Baburao Dhurat filing a caveat in the Mumbai High Court against noted Gandhian Usha Mehta urging that no ex-parte decision be taken to ban the play.
The caveater said the Marathi drama was planned to be staged in various theatres of Mumbai and other parts of the country. However, reports appeared in a section of the press that Gandhian Usha Mehta and her followers demanded a ban on the play and planned to move the High Court in this regard to obtain an ex-parte injunction restraining the producer from staging the play.
In the caveat, filed by advocate Mahableshwar Morje, the producer prayed that a great and irreparable loss and hardship would be caused to him if any ex-parte order or injunction was granted banning the drama

HC sets aside TRAI order on grant of Internet licences
NEW DELHI, July 16 (UNI, PTI) — In a significant ruling, the Delhi High Court today struck down the Telecom Regulatory Authority of India’s (TRAI) order restraining the Department of Telecommunications (DoT) from granting licences to private parties to operate Internet services in the country.In a 51-page ruling, Ms Justice Usha Mehra said, “the authority erred in concluding that “the power of the government to grant or amend the licence is subject to the recommendations of the TRAI or that these recommendations are mandatory in nature”.
The order came following a number of appeals filed by the DoT challenging the TRAI ruling on Internet services.The TRAI had been restrained the DoT from selling and processing the forms for granting licences to private parties for operating the Internet services. However, Ms Justice Mehra in an interim order in April gave a go-ahead to the DoT to process and sell the application forms to private parties.
The high court today made it clear that the dispute regarding the grant or amendment of the licence by the licensor was not a dispute covered under the provisions of Section 14 (2) of general clauses act. “These are not the disputes which can be adjudicated by the authority”, the judge said.On the question whether the MTNL was an existing service provider, the Judge said, “I have left this question open”.Giving reasons for her conclusion on TRAI’s powers and jurisdiction, she observed “It was not the commitment of the Government of India that the licencing power of the government will be subject to the discretion of the regulatory authority.
”It was pointed out to the court during arguments that if the recommendations of the TRAI were not treated as mandatory it would violate India’s commitment to the general agreement on tariff and trade (GATT).Justice Mehra said, “this court for all intend and purpose has to interpret the TRAI act 1997 as it stands. For its interpretation this court cannot look into as to what was the commitment of the government at GATT”.
The court said, “no doubt India made commitment at GATT, but it cannot be said that simply because the recommendations of the authority has not been considered as a pre-requisite or a pre-condition to grant of licence by the Central Government, it has in any way prejudiced the independent statutory status of TRAI”.