Director HR writes DO letter to all Circle/Unit Heads including Vertical Heads in BSNL CO, Telecom Factory for timely and effective handling of the Court cases and strict compliance on directions by Legal Cell BSNL CO, Director HR and CMD BSNL in the best interest of the Company. Copy<<<>>
- Many such letters are issued even with signature of CMD BSNL but filed units do not bother about instructions in such letters and hence this is also one more such formal DO letter.
- Though this is letter issued by legal Cell and with signature of Director HR, it is wrongly addressed tonon-existing units viz. Telecom Regions, Telecom Projects and Telecom Stores. It means that legal Cell BSNL CO is unaware about the closure of these units before five years in 2020 with action of restructuring review.
- This DO letter emphasis on:
- Litigations impose serious financial implication/ strain on company and diverts manpower from core functions.
- Every efforts to resolve dispute at pre-litigation stage to avoid minimise exposure.
- Personal Monitoring of all legal cases by CGMs at every stage to ensure that no case is compromised due to negligence, delay, or lack of diligence.
- Draft for SLP and Review Petitions for filings in Supreme Court are to be finalized at level of CGM and submitted to Court only after vetting and after approval of Legal Cell BSNL CO.
- Though CMD BSNL has been stressing for reducing court cases since month of his taking over as CMD BSNL, but over the period number of court cases are increased and it is bitter truth of today.
- Even though this letter is issued with signature of Director HR BSNL stressing for reduction of court cases, the Pers Section working under direct control of Director HR is responsible for majority of cases and in recent pick and choose Transfer orders issued by Pers Section,about 35 court cases are filed in different court cases and no efforts were made to resolve disputes even after repeated requests by individuals. All these actions are in contradiction to directions by Director HR and hence needs serious review.
- In an unfortunate attempt, efforts are being made to hide fact of violation of Transfer policy guidelines and giving rise to more court cases and hence such DO letters have no meaning and it is one more attempt to complete official formalities.
- As such, instead of completing just formality by issuing such DO letters, it is required that BSNL Management headed by CMD BSNL has to put real efforts with practical approach towards avoiding court cases by stopping reasons and persons giving rise to court cases and mainly without due seriousness in handling the court cases by understanding the sustainability of stand taken by BSNL in all such avoidable Court cases in different courts.
- It is important such failures happens when there is huge manpower deployed in legal cells all over India, concerned verticals/ Sections/units dealing with issues are busy in handling cases at BA/Circle/Corporate level and many cases are handled by appointing special Legal consultants for dealing court cases by paying lakhs of rupees to such consultants.
- It is time to analyse by Director HR and his legal team about the huge Money being paid to Legal consultants by different legal cells and its usefulness with such heavy expenses and stop the consultant and save the huge amount being paid to them.
- The officers giving scope for such avoidable court cases needs to be booked first for its accountability and such expenses on avoidable of court cases needs to be recovered from the responsible officer in charge pulling such court cases even after failure at lower courts to the level of Supreme Court and wasting hard earned BSNL Money.
- As per discussions and directions by CMD BSNL to reduce court cases,SNEA CHQ has given proposal to PGM Pers with its copy and reminders to Director HR and CMD BSNL for implementation of this proposal including holding Telephone Adalat by BSNL to settle avoid/ reduce/close the court cases filed by own executives and Employees of BSNL by deciding cases on merits.
- But it is unfortunate that the management and individuals are ready to accept decisions of courts to some extent, but there is no readiness for settlement of disputes as desired in this DO letter and already proposed by SNEA before three four months.
- Otherwise some action would have taken on proposal submitted by SNEA to reduce the court cases as desired and directed by CMD BSNL.
- Recently reporting of CS Legal BSNL CO has been changed from CMD BSNL to Director HR may be for effective handling of court cases. Copy<<<>>
- By taking serious note of such huge expenditure and serious lapses, now BSNL Management has decided to form separate cell headed by PGM Legal.Copy<<<>>
- It is important that willingness for this post of PGM Legal BSNL CO was being called for last two years, but the posting order has been issued now.Copy<<<>>
- But, just posting of more PGMs or changing reporting of PGMs will not give results desired in this DO letterand there is need of serious practical efforts for resolution of the issues before the same are dragged to the courts and also by personal discussions/hearing with/to petitioners/ applicants on submission of court case and before filing any reply by BSNL to the Court cases filed in the court by individuals so as to find out the solution before expenditure in court cases.
- As on toady, efforts are being made to just strongly oppose any case filed by individuals/group of Executives without understanding the grievances raised with BSNL and forcing them to take up matter with Court by petition.
- Minutes of such meetings will definitely help BSNL is defending the court cases in further course of action, but BSNL management has to be serious on it.
- Hope at least at this stage, BSNL Management will take proper action and will initiate/take all steps to reduce court cases and stop creating more and more court cases and save huge Money of BSNL is being wasted on avoidable case and there should be remarkable saving in expenditure on court cases.
