REGISTERED No. D-28
The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, MONDAY, SEPTEMBER 5, 1949
GOVERNMENT Off INDIA
MINISTRY OF LABOUR
NOTIFICATION
New Delhi, the 3rd September 1949
No. L.R 2(182).—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (XIV of 1947), the Central Government is pleased to publish the following award of the Industrial Tribunal, Calcutta, in the industrial dispute between (i) the workmen employed in the Howrah Amta Light Railway, Howrah Sheakhla Railway, Arrah Sasaram Railway and the Futwah Islampur Railway, including their head office at Calcutta and (ii) the management, viz. Messrs Martin's Railways, Calcutta
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AT CALCUTTA
REFERENCE NO 2 OF 1949
Before F. Jeejeebhoy, "Barrister-at-Law, Chairman.
Parties—The Workmen employed in the Howrah-Amta Light Railway, Howrah-
Sheakhh Railway, Arrah-Sasaram Railway and the Futwah-Islampur
Railway, including their Head Office at Calcutta :
AND
Their Employers, represented by the General Manage), Martin's Railways,
Mercantile Buildings Calcutta.
APPEARANCES:
For the Workmen : Sri Sibnath Banerjee, President, Martin's Light Railways Workers' Union, Sri Pamtosh Banerjee ; Sri J. N. Mitra for Martin Railways Employees Union (Head Office Union) and for Bihar Light Railwaymen's Union ; Sri Viswanath Varma, President, Bihar Light Railwayman's Union ;
For the Company S r i. K.K.Basu, instructed by Sri S. K. Mullick of Messrs. Sandersons and Morgans ; Lt.-Col. E. F. Johnston, General Manager, Martin's Railway.
1533
1534 THE GAZETTE OP TND1A EXTRAORDINARY, SEP. 5, 1949AWARD
By Notifioation No. LR-2 (182) of 14th April 1049, the Central Government reforrcil t<> this Tribunal for adjudication the industrial dispute between the work- men employed in the Howrah-Ainta Light Railway, Howrah-Shoakhla Light Rail- way, Arrah-Sasaram Light "Railway and the Eutwah-Mampur Light Railway (in- cluding head office staff at Calcutta), and the Management thereof represented by Maitin'a Railways, Caloutta. The Notifioation by its schedule spooifiod certain disputes which "so far as the Central Government is aware hav6 beon raised on behalf of the workmon " ; this Tribunal has proceeded on the basis that the items in tho schedule wore not exhaustive.
Tho Howrah-Amta and the Howrah-Shcakhla Light Railways traverse a length of 27 miles aad 19J miles respectively, and use a common line for a distance of about 2£ miles from Howrah terminus. Tho Arrah-Sasaram Railway and the Putwah-Islampur Railway operato in Bihar over a distance of 60 miles and 27 miles respectively. It is agreed that tho scales of pay and duarness allowunco should be the same for all those Railways.
All the four Railways have agreements between themselves and the j,ul 1 <;
authorities in rospoot of the land over which tho Railways run.
The Howrah Amttt Light Railway Co. Ltd. has had an agreement with the District Board of Howrah datod 12th June 1889 according to which inter alia, if and whenever the not profits of the Company for working the line between Howrah and Amta shall be in oxooss of four per rent, upon tho capital for the time being of tho Company, such surplus profits shall be divided between the Company and the Board in equal shares.
The Howrah-Sheakhla Light Railway Company Ltd. has an agreen ent of 16th July 1H89 wilh the District Board of Hooghly in terms moro or loss similar to that of the Howrah-Amta Light Railway.
The Arrah-Sasararn Light Railway Company Ltd. has an agreement datod 17th Juy 1910 with the District Board of Sahabad where by tho Board has guaranteed to supplement the net earnings derived by the Company for such annual subsidy as may be necessary to alJow of the Company paying a dividend of four per cent. per annum on a proportion of the Company's share capital, subject 1<> a limit of Us. 88,000 a year or four per cent, on the share capital whichever is loss ; any sur- plus profits in excess of four per cent, on capital was to be divided equally bet- ween the Board and tho Company.
The Futwah-Islampur Light Railway Co. Ltd. enterod into an agreement with the Government of India (Railway Board) on 14th November 1913 whereby, in consideration of certain benefits, it was agreed that all surplus profits earned by the Company after paying interost on tho paid-up share capita) at tho rate of five per cent would be equally divided between tho Government and tho Company. This Railway had entered into a previous agreement on 31st July 1912 with tho District Board of Patnain respect of the use of Distriot Board roads for the Light Railway ; when the profits of the Company in any year were in excess of five per cont. of subscribed capital, suoh oxcess was to be dividod between the East Indian Railway, the shareholders of tho Company, and the District Board, in the proportion of 2 : 1 : 1.
A small portion of the lino used by tho Howrah-Amta and Howrah Shcakhla Railways from the Howrah end fell within tho limits of the Howrah Municipality. In September 1939 tho Howrah Municipality, in oxorciso of its powers in that be- half, required tho Railways to remove their line from the limits of the Municipality. Tvvo alternatives thon presented themselves to tho Howrah-Amta Railway Com- pany : either the trains would have to stop outside tho Howrah Municipality limit or a new line and torminua would have to be oonstruoted so as to carry the Railway
THE GAZETTE OF INDIA EXTRAORDINARY, gEP. 5, 1949 1535to a point near tho llowrah iStation. Tho latter alternative was adopted. The diversion, which was .started in September 10U1), h'is IOSI up to date lli la's of rupee-* ; it ha* not boon eotnplote.l as i ortain station building have yet to be con- structed ; but tho track hub been opened to truffle from February 1948 with satis- factory rosults to the Company's earnings capacity. Tho Company haw used up its resorvos and has spent all available liquid assets in contracting tlus diversion, and m faot is said to be in debt to orodiiois 1<> tlie extent of nine Jars of rupees in consequence thereof.
*
All the foui Railways have been making fair profits* and have been declaring modest dividends every year. No undue amounts hove pone into oi been accounted in reserves.
After tho pleadings had bom completed I framed by consent the following issues :
ISSUES
(1) Should theie be uniform Doarnoss Allowance for all employees including Peons, clerical staff, line and v/oikwliop staff, at the rate of Its. 2-8-0 for 10 points rise in cost of Jiving, or should Ihere be any other order concerning tho "Roarnobn Allowance of the Workmen.
(2) Should the recommendations of the Central Pay Commission be ap- plied in respect of tho .scales of pay of all categories.
(3) Should any order be made for the extension of House Rent Allowance, Running Allowance, Educational Assistance ilkrwance and Compen- satory or City Allowance
{4) Aro tho Workmen entitled to Puja bonus for workshop staff, lino staff aiwi Head Office staff at tho rate of one month's wage or at any other rate.
(5) Aro the workmen or any of thorn entitled to a higher rate of rent allow- ance.
(tl) Should the leave rules bo modified in any way. (7) Are tho workmen entitled to full implementation of Mr. Justice
Rajdhyaksha'fl award.
(8) Do the workmen get the rest to which they aie entitled.
(9) Should the contract system of ongaging labour bo abolished.
(10) Should theie be any rules made regarding promotion and < onfirmation of workmen.
,
(11) Should any recommendation bo made concerning Ihe Provident Fund.
(12) Are the issues rogarding Provident Fund and promotion barred by the terms of this Roforonce,
(13) Has tho Tribunal jurisdiction to consider the issues on house allowance for other than Bankra workshop staff, running allowance, bonus for staff other than workshop staff, educational assistance allowance, city or compensatory allowance, and abolition of contract system.
The main controversy has centred round issues 1 and 2 regarding the basic pay and dearnoss allowance of the workmen of those Railways, including the head office staff in Calcutta, As to the latter, the Managing Agents have a single es- tablishment for all thoso Hallways (and certain others too) and the cost of such establishment is dividod among tho different Railways in certain proportions.
163B T HE GAZETTE OF TNJDTA EXTBAOBDJNATIY, SEP. 5, 1949The lowest paid v, orknien got a basic "u ago of Rs. ;!Q and u T>BT ness AlU/V anc <*
TliE (GAZETTE OF INDIA EXTEAOHDINAEY, SEP. 5, 1949 1537It must bo appreciated that when the Company^lecided to shift its terminus at a cost of 13 lacs of rupees, it was incurring an expense which enhanced not only the value of tho concern bin also its earning potentialities. AH to the earn- ings of this Company, the statement Ex. 3 is instructive, The gross eumingH have been steadily increasing from 8-70 lao-. in 1937-38 to 17-35 lacs in 1947-48 ; and it is estimated on the eumingn of the half-year that for the year 1948-49 the gross earnings will be in the vicinity oi 24 JacK. The operating ratio haH, however, cor- respondingly increased without appreciable difference in ordinary allocution to renewals ie.serve ; it has iucioasod from 55 per cent in 1937-38 to 7fi per cent in 1047-4S and it is uxpeited that the year 1948-4!) will show more or lens the name percentage as i|i tho previous year. The salaries ineroased from 2 -43 lacs in 1937-38 to 0-34 In cs in J (147-48 and it is expected that in 1948-49 the figure will be something like 7-8 lacs. The proportion of salaiie.s to working expenses, was 51 per cent in 1937-38, dioppud to 30 per ecnt in 1945-40 mid rose again to 48 per c-cnt in 1947-48. The nett profits were 1 -25 lacs in 1937-38, and more or less the samo (with the ex- ception of 1939-40) until 194(i-47, -when ii dropped to -53 lacs, and rose again in 1947-48 to -81 lacs ; the half year of 1947-48 shows a nett profit of 1 '07 lacs, whioh ttieaus that for tho full ycai 1948-49 the anticipated nett profit will be about 2'15 laoSj due it seems to the opening of the new terminal station, Tho Company has paid a dividend of RH, 6 per sharo in 1937-38 and lesser dividend*) in subsequent years ; in 1946-47 and in the following year tho dividend was Rs. 2-12-0 per share, and in 1948-49 the expected dividend is about RK. 3-8-0 per share.
Now these figures indicate a healthy state of affairs, but for the debts amount- ing to about 9 lacs of rupoos whioh the Company will have to take stops to dis- oharge within a reasonable time. Of this tho Bank's overdraft of 3^ lacs can be rogardod as a floating trade debt. The other creditors, however, aro not prossing ; quite a portion of the debts are duo to the Managing Agents themselves ; and it is not doubted that these dobts will be liquidated, given the time. The workmen have rightly pointed out that as a result of the chango of terminus oertain lands have beoomo surplus to the requirements of the Company and that they oan be sold in order to pay off a portion of the debt, considering that the debt itself came into existence on aooount of money spent in capital expenditure. Tho workmen consider that three lacs is the lowest price whioh such lands would fetoh. I called Mr. M. S. Davar, Chartered Acoountant, not only to help the workmen in an understanding of the aooounts, but also to give evidonce. In his opinion, the financial position of the Company is sound, although the cash position is weak ; it has used up its liquid resouroes for investments in capital assets either with a. "View to earning mono profits or to maintain its profits ; there is certificate attached to tho Balanoe Shoot of tho General Manager, oountersigned by the Govornmont Inspector of Railways, that the fixed assets of the Company have boon maintained in good working order and repair for tho public carriage of passongors ; in the half yoar ending 30th September .1948 the Company had spent about 2*'72 laoa for maintenance, repairs, roplaoemonts and ronowals, and the net profit of 1*07 laes for tho half year has boon arrived at aftor charging this sum of 2 -72 lacs, and also after making provision for taxation and other ascertained liabilities; assum- ing that there is no further call on oapital and that profits are maintained as in the previous half year, thon if a 5 por cent dividend on oapital is allowed amounting to an expenditure of Us. 80,000 it would still leave a surplus of about 1 -34 lacs ; allowing also for an annual provision of Rs. 35,000 to re-pay debentures at tho end of 20 years, there would be a surplus profit of about a lao of rupees.
I must of course tako into consideration tho fact that tho profits are shared by the District Board, the sharo-holders and the Managing Agents. The Com- mission Agenoy fees amount to Rs. 1,000 a month as establishment exponsos ; addod to this is 10 per cent share of net earnings, less aotual expenditure on re- placements, less debenture interest ; Managing Agents do not engage any special staff for these Railways, exoept that their Cash Department and Stores and Share
1538 TUB GAZETTE OK INDIA EXTRAORDINARY, SEP. 5, 1949Departments^ ftie utilised foTthesc Railways, togother with office maintenance ; the Managing Agents do employ a Chiei Accounts Om< ei "whose salary ib not charged to these Railways, but of course he does other woik as well.
It would appear, therefoie, that the Company after making a substantial payment towards maintenaiK e mid lepaiis in the half y< ai ot I94N-40, hat- bctn ablo to show a net profit of Rs, 1 '07 lacs. The Con puny ran Autl ei (~tal>3li'-e its position by soiling its lands whi
I think it is incontroveitible that while the claims of the Dibtiu t Boaid may not be postponed, the claims of the share-holders to their Reruslon ed dividends and of tho Managing Agents to their (oiTimiiftion must 3 ield prioiity to the jiay- mont of fail wages to (he workmen. Indeed, theic is 110 need for anybody to sutler, providod that each takes his legitimate shaie accoidmg to the pn vailing < onditjens. Trade debts amounting to 5 lacs, and including claims of the Managing Agents for goods supplied am) commisnion agency dues, me by no ii.ea.ns so hoa-\ > a bmden as I am asked to believe, considoimg (a) that the suiplus land ran now be sold to advantage and (6) that the earning capacity is on a sound basis- : while I agiee that running stock needs replacement, it is undeniable that in the last half yeur 2 -72 laos wcro spent on renewals and repairs and yet loft o\cr a substantial profit. I havo carefully considered the position, and have come to the conclusion that the Company is in a position to pay the advances which I projo.se to give to the workmen by this award.
The workmen's contention that all piivate Railways should jay wage1- at the same rates as the State Railways is a plea which I am unable to accept. 'J here is a great deal of difference between State Railways and private Railways ; pii- vate Railways are nocessarily run on < oninieroial linos with an eye to piofit, while State Railways although endeavouring to pay thoir wray are more con< emed with public service ; profits on one State Railway can be set off to equalise Jo'-s on another, which is not possible with these sn all private Railways. Fuithem ore the nature of the work on State "Railways and on private Railways, and also among private Railways themselves, differs so much that no hard and fast mle is per- missible as to what privato Railv a^s should pay to its workiren. While theie aje some prospeious private Railways, there are also Railways which, are working at a loss, and this- Tribunal has had bofoie it the cases of two light Railways which could not stand a higher wage bill.
Sn Basil for the owners has contended that the Pay Commission's Report has not been implemented by the State Railways, and that the three agreements" botwoen the Companies and labour which were enteted into as late as 1947 mus-t be deemed to represent the thon existing fair wagos ; that there has been no change of circumstances since thon, and that in fact the price index has iecedod ; he also points out that compared to similar concerns these Railways pay more ; and re- feronco has boon made to the Pehri-Rohtas Light Railway and Bengal Provintial Railway, as to which awards have been already given. Tt must, however, be ob- served that each caso stands on its own merits and no two cases con be exactly similar. My attention is also drawn to the Enginoormg Tribunal's Awaid (Cal- cutta Gazette Extraordinary of 3rd July 7948—pago 564).
Sn Basu has also pointed out that these four Railways give theii woikmoa the dual benotits of Provident Fund and Gratuity, and that the scale of the Contri- butory Provident Fund is much higher than olso-whore ; for instance, the em- ployers contribute 8 -1/3 per cent to the Provident Fund and pay interest at 4£ per cent. There can be no doubt that in these matters the owners have been generous.
THE GAZETTE OF INDIA EXTBAORDINABY, SEP. 6, 1949 153&Sri Shibnath Banerjoo has urged in reply to these points thai there has hern n change of circumstances since 1947 to justify a change of the wage structure ; the Government of India has paid Rs 10 as advance of D. A. to its Railway (4afi ; the diversionary line, which hn" heen under construe lion whor the agrec-menlr < f 1947 were mado, has now heen (on pitted and was opened to traffic on 1st Fcb- iuary 1948; the rates and fa)i s al tin time of tlu agret-ment wcie lowrr than what they aro to-day, and land has now boeomo urn plus which the Company could sell towards the liquidation of debts. Tlic Tribunal has. been referred to \ ago 583 of "Engmeerng awaid for a nummary oftho mam points, and it is pointed out that the minimum basic wago of tho unskilled worker is fixed at Rs ISO jcr month Sri Mitra for the XJnjon expressed wjllmgness to accept tho Kahghat-Falta Rail, wav wage ^truotuie (Ex. 25) provided that no existing benefits woio taken awsy- This of course in a condition whiih affects the basis of his offer.
During tho course of the arguments on the question of Head Offke eloncal staff, the ownors agreed that if the present F>cal" of the oleiual ntaft at the licud offico is IOSR than 160 of 1939 — 100, then the owners would accept the Bengal Chamber of Commerce scale for lelevant categories. The workmen agreed to tlm provided that nobody was adversely affectod by thr- decision ; the owners ac- cepted 11>is condition, but maintained that while they would make the initial ad- justment aeoordmg to tho Bengal Chamber of Commerce aw aid they < ould not accept the maximum grado, and that tho maximum should bo their present maxi- mum. Thib arrangement is reasonable, and it is ordered accordingly with effect fiom 1st April 1949. The additional amounts will be aeidod to basic and will run through the gardes as was dono in 1947.
It has been brought 1o my notice that in Exh. ' C ' and lfi (the agreements ay to wages of Septembei 1947), it is stated that the agreements were rn '•ettlon ent of tho claims under the Pay Commission's Report. While agreements must com- mand respect, the Tribunal cannot be fotteted by such a term, if other circums- tances are diffeient.
The principle which this Tribunal has followed m the fixation of basic wages and Dearness Allowance has now been confirmed by the Fair Wages Committee. It is fundamental that the bae-io wago plus the Dcarness Allowance shall not fall below the lower ceiling of the fair wage structure, and it is now recognised that the basrc wage should be about 160 where it was 100 m 1939. There is no greal di- fficulty in ascertaining the basrc wage, but on the subject of Dearness Allowance there is much scope for disoussion.
Tho workmen in those four Railways numbor approximately as follows
(a) Joint Head Office staff (of which 45 183
per cent is paid by the Shahdara- Saharanpur Railway).
Howrah-Amta . . .. 1059 including the workshop.
(6)
238
Howiah-Sheakhala . . ..
489
(c) (d)
181
Arrah-Sasaram Futwa-Islampur . . ..
(P)
Ex. 34 contains a Hst of all the categories with (a) scales of pay of 1939, (b) their scale of 1939 plus 60 per cent, and (c) the present basic wage soale. The present basii wage was introduced in July 1947 ; and 1 eiireot that wherever tho such basic wage of tho workmen (othor than Hoad Offico clerical staff) falls short of the 1939 scale plus 60 per cent, they should be advancod accordingly. I am told that in 1947 a fixed figure was added to all then existing basic wagos, and I direct that wherovei the 1947 figures are found to he phort of what is hereby ordered, the requisite addition shall bo made through the grades as was don6 in 1947. I hold
1540 THE GAZETTE OF INDTA EXTRAORDINARY, SEP. 5, 1949that Station MastorR and Assistant Station Masters are not workmen as their duties aro not essentially manual or clerical. The increased basic figures will be deemed to have ooTYie iato force liom 1st April 1940.
1 have considered the grievance of the workmen that their basic wage in certain cases falls short ot what is being paid by the State Railways. It is con- tended that at least the minimum starting figure of the grades in the State Rail- ways should be applied to these Railways, and in Ex,34-A the workmen have indicated the categories of-which the basic wagef. ought to be increased. But for the reasons which I have ahead}' indicated, I do not think I would be justified in applying in every ease the minimum basic, wage of the various categories of the State Railways. The profits of these four Railways and the dividonds which thoy have been paying all along havo been modest, and they have not been able to net asido anything substantial by way of reserves ; it may well be that the Shahdara- Saharanpur Railway and the Kalighat Palta Railway have adopted the scales of the_Stitte Railways ; but 1 am told that their financial circumstances are different; added to which is the fact that the Shahdara-Saharanpur Railway is in an aroa some 900 miles from here, catering to a different locality altogether. I have nothing before mo to indioate tho financial position of tho Kalighat-Falta Rail- way ; but this Tribunal is unable to ignore the character of tho Railways concerned in this Roferenoo arid their general financial position—I may add that I have gone carefully through the list, Ex. 34, and by , companion with State Railway's scales am satisfied that no item of basic wage is so low as to need rovision.exoept as hereinbofore stated.
As regards Dearness Allowance it does appear that tho D. A. paid to the workmen is somewhat low. The employers have been reasonable on this sub j jot and have offerod to increase the D. A. of everybody by a flat rate of Us. 7/. The East Indian Railway payH "D. A. (Ex. 24) of Rs. 35 for salaries up to RN, 50, with a sliding scale rising to Rs. 60 for salaries between Rs, 201-—250. Kalighat- Palta Railway pays D. A, according to State Railway Rules. The Shahdara- Saharanpur Railway has adopted the E. 1. Rly. soale of D. A. Tho majority of the workmen on the line are in tho grade Re. 1-100; and only 10 persons in all the four Railways draw anything above it (Ex. Q). 1,622 workmen are. in the .grado up to Rs. 50 ; and 335 in the grado Rs. 51—100 ; it would, therofore, ap- pear that a flat rate of dearness allowanoe for those four Railways is not an nn- reasonablo arrangement.
But it d)es se^m durable that the dairn^s allowance in the lowar cito^jrios should hi nnre or le" uniform, baoausi de'iriiB-H allowance is intstidoi to nsj- tralis-* the hig'w oj-jt of living from which everyboly suffers in more or lens equal dagrea in t'le lower grades of service. If the State Railway rules wore to prevail, tho raijoriby of the workmen in these Railways would get dearness allowance, of Rs. 35 pv m^ith a il p\i3fcioilly lie rart of thsoi wculd got a dearn"is allowance of Rs. 45 a month. (Ex. R).
As regards the Head Offioe staff: 58 are in the grade up to Rs. 50, 93 from RS, 51—]~00, 20 from Rs. 101—150, 9 from Rs. 151—200 and 3 from Rs. 201—250.
As to the claim of tho workmen that the dearness allowance should prooeod on tho basis of the Pay Commission's report, and that there should be a fairly complete neutralisation in the rise in cost of living index, I am afraid that claim is difficult to sustain. In tho first place, neutralisation to the full would only holp inflation ; and secondly it would be boyond tho capacity of these small Rail ways ; the Government itself has not been able to follow all the reoommondations of the Pay Commission's Roptrt in reapoot of its own servants ; and there aro wide difforenoe in the basio pay and clearness allowanoe of different provinces.
THE GAZETTE OP INDIA EXTRAORDINARY, S E p' 6, 1949 1S41I have given very uaretul consideration to this question of Dearness Allow- ance, und in my opinion the dearness aHowanoo of all the line staff inoluding workshop staff (but pxdudins; clerks), who receive Rs. 20 at present, should bo increased by Rs. 8. The Class IV staff in tho offioe who roceivo at present Rs. 24 as deartioHs allowance uliall have an increase of Rs. 7 per month ; the offioe olorioal and line clerical staff who get dpurness allowance of Rs. HO at present shall receive an increase of Rs. 10 por month, Huoh advances shall bo given as and from 1st April 11)49.
It in agreed that thoro shall be uuilormity of scales between Bengal and Bihar, and consequently no'Special orders arc necessary concerning locality.
There in no dispute that what is allowed in respect of Howrah-Ainta Light Railway shall apply to the other threo Railways as well, whioh have foatures largely in ooinm >n with tho Uowiah Amta Light Railway, and who.se nianoial position and outlook is fairly stable.
18SUE No. (3)
(a) Ho>Me R nl Allowance.—The C >,npany pays 15 per r-'jnt House Rent Allowance t > t'10^0 essontial servants who are required by thoir work to stay near station, and who are not allotted rent free quarters ; essential servants have boon definod as thoso whoso servioes aic likely to be called upon in an emergency during any part of day or night and/or if by the nature of thoir duties they have to reside close to tho railway station i.e. work oormeotod with the running trains, It is contended bv tho workman that a ^ullioient number of essential staff do not get free accommodation or house rent allowance. It is also a complaint that none of the head offioe staff get any Houso Rent Allowance and that they are eutitlod to have houses providod for them, [n reply it has bean stated by tho Company that no office or industry provides housing or givos house rent for the head offioe staff; that as regards House Ryrit AUowanoe, it is given to everybody who de- serve it. There seems to have been some disputo as to whether the Gangmen were ossontial staff, but it is now admitted by the owners that they aro essential^ and I hold that they aro ontitled to Houso^Rent Allowanco if thoy are not provided with quarters. I do not think that I should make any further order on this issue ; the building of housos is not a burden whioh the Company can bo expooted to bear; where staff are essential and have to be on the line thoy aro providod with accom- modation wherever possiblo or given something by way of compensation, and that seems reasonable.
(6) Running Allowmca.—It is represented by Labour that tho soales of run- ning allowance should conform to the findings" of tho Running AUowanoo Com- mittee, and that night passing allowanoo plus mileage allowance should be in- creased by 50 per cent, [n answer to thh the Company has producod its memo (Ex. K) whoreby from 1st April 1949, 50 per oent increase in the Travelling Al- lowance has been construed to include both night passing, daily and/or mileage allowanco of T.T.Es. and clerks ; and that in my opinion is quite satisfactory and in fact what the workmen wanted. Tho workmen, however, on the produc- tion of Ex. K, asked that the 50 per cent increase should havo retrospective offeot irom 1944 ; that is not possible,
(c) Educational A.wiitance Allowance.—The workmen claim that the owners should pay Rs. 10 per child of school going age par month for ednoation purposes, and they say that this is the fi^iro whioh Birla Brothers are paying in their 23 oonoerns. The owners say that they aro unable to afford it, that there are schoDla In Calcutta as well as in tho villages, a ul that provision for oducation is in faot the duty of the State Tnat miy be so, bat nevertheless I look upon eluoation as a social necessity, and I think that so-ne relief is inlicatod in the- case of tho
1642 THE GAZETTE OP INDIA EXTEAOEDINARY, SEP. 5, 1949lower paid workmen to help them in educating their children. I direct that the children of the woikmen, whose tola] earnings are Jena tLan EH. 100 per month, shall receive from the Compuny by wnj of educational help oae-thiid of the school fees of their children up lo middle school standard plus ficc uiilway travel on their railways for schooling purposes.
(d) Compensatory or OHy Allowance.—-The Head Office staff get a Compen- satory allowance of 15 per cent with a minimum of Rs. 10'and the Peons got the same percentage with a minimum of Rs, fi. The workmen claim 1hat this should either be inor.eascd or they should be given House Rent Allowance. The workmen also claim that Compensatory Allowance should be extended to Howrah. I con- sider thai the Compensatory or City Allowance is sufficiently generous, and that it would not bo justifiable to order any House Rent Allowance. As regards the extension of this Compensatory Allowance to Howrah, 1 find that the (State Rail- ways allow it, and it is ordered that if there are any Head Office staff on dutj in Howiah, they .shall also receive this Compensatory Allowance.
Isar/E No. (4)
This issue refers to the one month's bonus per year nftor 8 years scrvioo and proportionately less for less service which the head office and Bankra clerical tstaff receive from the Marmjiemont. The line staff have received 7 days wages as bonus for the lant two years as a result of (he agreement of 1947, but this has not been extended to the two Bihar Railways. It is claimed that all the staff of the railways should get one month's bonus and that there should be no distinction. Tho owneis contend that they arc unable to meet the cost 'of one month's bonus, and they point out that they have been paying 7 days bonus only to those who worked during the rush tirneb of Pujah. In present circumstances I am not in- clined to extend the bonus to all workmen, but it is ordered that categories of the two Bihar Railways shall have the same bonus which similar categories get in the other two Railways,
ISHTJIC No. (5)
This issue has been considered when I dealt with Issue. No. (3)
ISSUE NO. (fl)
It is suggested by the workmen that the leave rules need amendment. Ex. N ' are the leave iules applicable, and they are in my opinion fair, in fact generous. It is said that the Company does not give any leave on full pay to employeos with less than one year's service, but there is nothing surprising in that. It is also said that the leave iiiles should conform to the terms of the Rajadhyaksha Report Vol. I; but this report has not yet been implemented by the Government, as far as I am aware, and in any event it is not applicable to private Railways. The owners, howover, have expressed their willingness to apply the terms of the Raja- dhyaksha Report in tho matter of leave except on the question of accumulation ; they say that their teims as to accumulation are reasonable, by which one month's accumulation in allowed to tho lower staff and three months to the rest. The ownors have ultimately agreed that Class IV employees should be allowed to accumulate two months' leave and others threo months, and this is a satisfactory solution. Ordered accordingly.
(Class IV is the new designation of the lower paid staff.)
Isaum No. (7)
This issue has been answered in the previous issue.
THE GAZETTE OF INDIA EXTRAORDINARY, SEP. 5, 1949 1543ISSUE N O. (H)
The question of iests wl)ich ban been raised lifts bccu oaiefully examined. The Hours of Employment Regulations aie not applicable to these private Railways, but the Tiibunal will of courBe boar in mind the provisions of that Regulation whon considering-the question of rents in relation to any partieulai Railway. In iuct the Company has stated, and it has uot been denied, that it haw been working more or less on the lincH of the .Regulation, by applying it to the engineering staff— but noi to the iaiming staff. Upon a careful consideration oi the nature and character of the traffic on each oi Ihese linen, iiom a Htudy of the time tablos and o+ the movement of tramH at particular times, it tianspircs that only at ceitain flag stations buffn ient rent ib not given to the A. S. M.-in-Charge, and thono sta- tions are Kemnon, ])hnnauti and Nonar on the Airah-SaHaram line, f direct that the owneTS shall lake steps 1o re-arrange tho staff at these three stations so that sufficient real can be provided for the A R. Ms. Tt has also been urged that the Signuller in on duty for longer periods than he ahould be and this seenit, to be a genuine grievance. I direct that there shall be an A. S. M. in place of tho Sig- nallcrH to ftelp the S. MM and that Signallers must be replaced for the work of pas- sing tiains. Tho workmen'H claim for weekly rest haw had special reference to the S. Ms. and A S. Ms., but I hold that they are not workmen and do not come within tho purview of this "Reference, as their work is essentially not clerical. There was an allegation that guards, drivers and firemen in the Arrah-Sasaram Railway weie made to work for too long hours on goods trains, but there is no evidence to wupport it. I would answer this isnie in this Henso that except in tho case of the three flag stations, tho workmen appear to have reasonable rests.
ISSUE NO. (9)
Contract Sy"tem.-—The contractors arc employed to do certain typos of work at the Bankiu workshop, and il is urged that they theroby deprive others of em- ployment, apart from exploiting labour. Tho owners have stated that contracts are given only for jobs which are out of the ordinary, the day to day work being carried out by the Railway staff itself. It is urged that certain types of work have to be given to these contractors because skilled labour is not available in the Company's workshop) and tho necessary supervisory staff is not there. Tho owners give the assurance that they propose to undertake large overhaiils and probably reduce the contractor's work, and upon that assurance being given, I do not think that any further order 'n necessary. The contractor should bo elimi- nated from tho Bankra workshop as soon as that can bo managed, and in the meantime the employers must satisfy themselves that the contractor's employees are duly paid thoir just wages.
1-sstrn No. (10)
As regards rules for promotion and confirmation of workmen, it is agreed by the parties that I should make the following order :—•
There is no contest that other things being f qua I the next senior man should be selected for promotion ; but in my opinion it would be detrimental to discip- line and efficiency if promotions were oidercd (o proceed on seniority alono. I think that the following directions should provide an adequate guide :
(a) Other things being equal promotion is to be made by seniority but if a workman is not to be promoted by seniority, the final orders of the Managing Agents shall first be obtained. Before promotion is made, or in order to confirm promotion, the Management shall be entitled to bo satisfied as to the fitness of a workman for promotion, if necessary by individual tests relating to tho work which he will
16U THE GAZETTE OF INDIA EXTRAORDINARY, _SEP. 6, 1949be required to do. If tho Departmental Hoad does not propose to promote the next souior man he shall inform him thereof, in which wise the latter nhall be entitled to rnako a representation to the Managing Agonts through the Works Committee or diroct if he so likes. Such representation shall bo made forthwith so Lhat the decision of the Managing Agonts may not be delayed. Tho Pre- sident "r tho Seorotary of the Union may also intorview the Manag- ing Agents oonoorniag suoh promotion but before final orders aro passed. (1 do not favour tho idoa of the Managing Agents stating iti writing the reasons for suporsesaion, and the Union agrees with me that it may prejudice the workman's futuro.)
(6) Wherever Government certificates are required, they shall be considered essential for appointment or promotion.
(c) Normally, promotions will be within the same Department, but persona in tho employ of the Company shall be given ohance of transfers when vacauoiee occur (subject to the claims of those within the Department) and this will continue.
ISSUE NO. (11)
It is urged on behalf of the workmen that Running Allowance and over-time -should bo included ^in tho total wage for the parpewas of Provident Fund contri- bution. The owners oontand that it is not permissible to deduot money e^oept from baaio wago for the purposes of Contributory Provident Fund. While it is true that the Running Allowances do augment wagos it is not part of the basic wage although I bolieve that a portion of it is regarded as basio for the purposes of -contribution in the State Railways. The general position here is different and riio orders on thia issue aro indicated.
ISSTJH Noa. (12) ANT) (13)
The last two issues have not been pursued.
Copies of the following Exhibits are attached to this award : Exhibits 1, 2, 3, 4, 5, 16, 31, 33 (1st pj,ge—rfummiy only), ' C ', ' D ' and ' H '.
NOW, THEREFORE, THIS TRIBUNAL MAKES ITS AWARD IN TERMS AFORESAID, THIS THE 3RD DAY OF AUGUST 1949.
F. JEEJEEBHOY, Chairman,
Central Government Ini'iilriil Tribwil at Gihultt
EXHIBIT 1.
SUtitmer.t No. 1
P O S I T I ON AS AT 30-9-46.
H. S.
E. I.
H. A.
A. S.
T H E
11,49,900 S h a re Capital
16.00,000
6.00.000
21,99,300
4. p er eent D e b e n t u r e* . ..
7,00,000
5TU.
7,60,000
4±% Loan -from. G
23,00,000
18,99,900-
6,00,000
21,69,300
G A Z E T T E
R e n e w a ls R e s e r ve . . . . . ..
3,51,604
10,23,712
1,65,189
O F D e v. .,
, . 6,00,000
85,000
4,50,000
I
(Cont. B)
1,25,000
6,000 T e r m i n al R e m o v al R e s e r ve . . . ..
60,000
N D
I
A S t o r es R e s e r ve . . . . . ..
25,000
17,73,712
4,36,604
6,000
6,70,989
Capital a nd R e s e r v es . . . . ..
40,73,712
19,05,900
10,36,604
28,40,289
10,53,241
19,05,274 T o t al C a p i t al O u t l ay
44,07,919
27,16,9"9
E X T R A O R D Store* . . , , . , . ..
27,722
5,70,034
45,656
I
49,77,952
10,53,241
19,32,996
27,62,625
N A B Y E x c e ls of Capital =nink o v er C a p i t al a nd R e s. .
27,096
9,04,240
16,637
77,664
,
" 3,49,561
S E P
, T h is excess h as W en financed p a r t ly a nt of B a nk 0 , 'B a nd p a r t ly b j V w i t h n o l d i ng p a y m e nt to C T S. b e y o nd t he n o r m al pgrifni of c r e d i t: C M. . 12,01,899
6
,
D m. . 4,09,114 7,91,986
u,4i,54e
1 9 4 9
1 5 4
t f
EXTTTBIT 2.
1 5 4 6 Statement No. 2. THE HOWRAH-AMTA LIGHT RAILWAY.
FtKANOIAi PoSlDON.
1
.
H E
Creditors.
Funds available against 6
Surplus + or
Trade
Deficit—
As on.
Bank O/D
Total
Debtors
Cash. Investment Total
Excess of Crs. Over
Drs.
G A Z E T T E
7
4
5
6
2
3
8
9
10 1
O F
I
N D
I
A
E X T H A O K D
I
N A E Y
,
S E P
.
5
, 30-9-37 31-3-38 ' . 30-9-38 31-3-39 30-9-39 31-3-40 30-9-40 31-3-41 30-9-41 31-3-42 30-9-42 31-3-43 30-9-43 31-3-44 30-9-44 31-3-40 30-9-45 31-3-46 30-9-46 31-3-47 30-9-47 31-3-48 30-9-48
Nil N il Nil N il Nil Nil N il Nil *• 1,52,745 2,71,769 99,436 1,00,912 1,72,665 1,63,319 . - . 2,59,587 2,61,584 2,95,324 2,95,811 3,97,857 2,86,711 3,12,481 2,99,455 3,49,561
1,61,723 1,21,464 1,52,852 1,52,267 2,31,260 1,44,446 2,16,915 1,78,098 2,71,451 1,72,364 4,00,200 4,70,590 4,59,982 3,84,152 4,58,341 5,14,495 5,05,796 5,61,104 6,24,791 7,20,613 10,29,634 12,48,952 12,01,699
1,61,723 1,21,464 1,52,852 1,52,267 2,31,260 1,44,446 2,16,915 1,78,098 4,24,196 4,44,133 4,99,635 5,71,502 6,32,647 5,47,471 7,17,928 7,76,079 8,01,120 8,56,915 10,22,648 10,07,324 13,42,116 15,48,407 15,51.260
83,148 98,358 87,199 75,316 1,22,361 75,740 1,19,123 1,36,583 59,658 1,44,299 99,556 1,64,477 1,87,647 1,61,296 1,75,137 65,117 1,38.818 1,60,641 2,13,881 1,88,218 2,88,776 3,13,549 4,09,714
78,575 23,106 65,653 76,051 1,08,899 68,706- 97,792 41,515 3,6-4,538 3,99,834 4,00,079 4,07,025 4,45,000 3,96,175 5,42,791 7,10,902 6,62,302 6,96.274 8,08,767 8,19,106 10,53,339 12,34,858 11,41,546
60,697 29,388 47,405 1,28,246 81,241 67,945 49,902 63,544 17,516 8,002 5,645 11,430 6,498 6,616 8,337 7,605 11,661 13,262 12,288 13,799 15,792 28,546 15,950
1,43,092 1,43,092 1,43,092 1,43,092 1,43,092 1,43,092 1,43,092 1,43,092 1,43,092 1,43,092 1,43,092 1,43,092 43,078 43,078 43,078 43,078 43,078 43,078 43,078 43,078 43,078 43,078 43,078
2,03,789 • 1,72,480 1,90,497 2,71,338 2,24,333 2,11,037 1,92,994 2,06,636 1,60,608 1,51,094 1,48,737 1,54,522 49,576 49,694 51,415 50,743 54,739 56,340 55.366 56,877 5S,870 71.624 59,028
+ 1,25,214 + 1,49,374 + 1,24,844 + 1,94,387 + 1,16,434 + 1,42,331 + 95,202 + 1,65,121 —2,03,390 —2,48,740 —2,61,342 —2,52,503 —3,95,424 —3,46,481 —4,91,376 —6,60,159 —6,07,563 —6,39,934 —7,53,401 —7,62,229 —9,94,469 —11.63,234 —10,82,518
1 9 4 9
EXHIBIT 3
Statement No. 3.
T HE H OW R A H - A il TA L I G HT E A IL W AY
T H E
Net
Dividends paid.
G r o ss E a r n i n g s.
Y e a r.
Profits.
O p e r a- t i ng R a t io
Per cent. Salaries to
Transfers to Reserve.
W o r k i ng E x p e n s es ( i n c l u d i ng salaries).
Saianes find Wages paid.
Amount. Per cent
Alloca- tions to Renewals Reserve.
Working. Expenses.
G A Z E T T E
1
3
5
11
4
6
7
8
9
10
\
O F
I
; rts. A. P.
37/38 . . ..
. 8,70,432 477,487
N D
95,570
1,2S,000
5 5%
2,43,681
5 15 6
5 1% 1,25,556 1,50\000
I
A
38/39 . . ..
5,16,258
8,89,937
51
1,28,000 2,65,104
4 3 10
67,882
1,05,2*3 1,04,217
58%
39/40 . . ..
8,39,042 5,12,582
1,28,000
61
49
2,51,234
15,000 60,750 3 13 9
79,899
40/41 . . ..
4,99,679
8,90,305
3 3 3
55
53
1,28,000 2,63,811
51,916
60,000
1.17,363
41/42 . . ..
. 10,31,660 5,50,246
3 1 10
1,28,000
49
2,69,358
53
50,000 49,833
1,02,626
E X T K A O H D
I
4 2 / 43 . . ..
6,02,051
. 12,33,100
1,26,500
3 0 2
49
49
2,93,243
92,000 48,167
1,39,333
43/44 . . ..
. 13,48,604 7,69,955
2 14 8
57
1,25,000
42
3,21,644
63,000 46,667
1,10,152
N A E Y
,
44/45 . . ..
8,86,130
. 14,60,714
3 7 6
1,25,000
61
38
3,40,228
56,250
1,29,716 75,000
45/46 . . ..
. 15,71,913 9,56,593
3 7 0
1,25,000
61
36
55,000
3,40,147
1,11,257 55,000
S E P
.
46/47 . . ..
. 13,15,094 9,72,826
2 12 0
1,2-0,000
44,000
74
48
4,65,654
5,000
53,037
5
,
47/48 . . ..
13,15,880
. 17,35,687
1,25,000
2 12 0
76
6,30,715
44,000
48
81,798 35,685
£ y e ar to 30-9-48 .
. 11,98,296 8,28,806
3 7 0
62,500
27,500
69
47
3,93,548
80,000
1,07,233
1 9 4 9
% increase over 1939/40
323°O
oo/& ,o
313%
1 5 4 7
1548 TFIE GAZETTE OF INDfA KX.TRAOBDTNAEY, SEP. 5, 1949EXHIBIT 4.
ACTUAL EARNINGS OF HOWBAH- AMTA LIGHT RLY. CO. LTD.
Month.
Amount.
lit,.
October 1947 (Actual) . . l,G8,r,40
November, 1947 . , . 1,63,318
December 1947 • . " . 1,60,013
January 1948 • . 1,69,400
February 19*8 1,91,096 (New diversion op"aedV
March 1948 . . 2,00,890
April 19*8 . 2,02,825
May 1948 . 2,21,47K
June 1948 . 2,07,013
July 1948 . 1,98,627
August 1948 . . 1,88,690
September 1948 . l,79,fiS9
October 1948 . . 2,08,281
November 1048 . 1,93,174
December 1048 • . 1,93,194
January 1949 (Appro*) . . 1,99,3611
February 1949 . 1,98,645
March 1949 . . 2,18,789
. 2,02,85ft
April 1949
EXHIBIT 5.
PEECENTAGE OF SUPERVISORY EXPENSES TO TOTAL SALARIES AND WAGES ^ FOR THE HALF-YEAR TO 30-0.1948.
Futwali- lylftnipu r
Arrah- Saaaram,
Howrah- Kheakhalln
Howrah- AmU.
R-..
R".
K B.
16,£43 4,455
f>.404
25,069
Supervisory EiperiseH .
1.
I.O(),8M1 2,04.83a 82.82H
3,4)3,548
Total Salaries and Wage* .
2.
5-4%
n - o%
0 ' 3%
THE GAZETTE OK INDIA EXTRAORDINARY, HEP. 5, 1949 1540EXHIBIT 16
Terms of agreement arising from the discussions between the Martin's Bail, ways (Managing Agents : M/S Martin & Co,, Calcutta) as represented by the Acting General Manager and the stuff of the Railway Offices at Mercantile Build' ing as represented by Messrs. Suprakash Mitr a, Krishjkesh Banerjee and Santosh Banerjee (Members of the Committee authorised lo .sign the agreement in terms of resolution passed in the General Meeting of the staff held on the I9th September, 1947—copy enclosed).
1. This agreement ie, entered into by both the parties in satisfaction of the demands put forward on the b am of the Report of the Central Pay Commission and is independent of any enactment oi settlement elsewhere.
2. The minimum pay of the Clerical ntaff shall be Rupees Fifty (50) and of the Inferior staff Thirty (30).
• 3. The Dearnewi Allowance of the Clerical and the Inferior staff attached to and working at the offices at Meicantilo Building shall be Rupees Thirty (30) and Twenty four (24) respectively.
4. The Clerical stuff shall be granted a flat increase of Rupees Twelvo (12) on their present pay and the Interim Relief of Rupees Four (4) already granted shall be consolidated with pay.
5. The increase hi Pay and Allowance ahull bo effective from the 1st July 1947.
6. New ^SoaleR of pay shall be drawn, if possible, within a fortnight from date.
7. There shall bo no victimisation.
8. The Administration will have no objection to recognise a duly constituted Union of the staff of the Railway Offices at Mercantile Building,
Members
1. SUPRAKAKH JV11TRA, 2. HR1SHTKESH BANERJEE 3. SANTOSH K. BANERJK/R
W. B. UTLEY, General Manager, Martin's Light Railways.
of Committee.
Calcutta : 20th September, 1047.
EXHIBIT 34.
1 5
f i
SCALES OF PAY
O
23-6-49.
HOWRAH-AMTA, HOWBAH-SHEAKHALA, ARRAH-SASABAJC AND FUTWAH-ISLAMFUR LIGHT BLYS.
*Indioatee Supervisory Staff.
T H E
•flndicatee initial salary below 160% of 1939 starting salary.
Initial Salary
Designation-
Scale 1939.
of 1939 Scale
Present Scal< 5 Remarks.
plus 60% of that
G A Z E T T E
1
2
O F
3
4
o
'
i
N D
I
A
Rs. 45 ,,'"69 „ 96
Grade A
Grade B
General Assistant
. 50—3—SO . 80 -4- 120 . no—5—150
28—2/2—40 43—3/2—58 60—5/2—75
L {Herts.: Grade I „ II „ HI .
• 80—10/2—120
120—6—I80f
„ 128
Section-in-Charge ~) 1st Assistant j Head Trains Clerk J etc. f
]S0—10—25Of
Head Clerk Special Head Clerk
E X T E A O E D 12O— 5—140 150—10/2—200
None.
., 192 " 240
I
•2. Typists . . .. 43—3/2—58
„ 69
. 50—3—SOf . 80—4—120
Grade A „ B
N A B Y
,
Typiste, Head
NiL
Nil.
110—5—150
S. Pay Clerks
60—2/3—90
Rs. 96
S E P
Grade A B
. 80—4— lOOf . 100—5—140
,
6
.
In 1939 they used to be calted
. 50—3—80 \ . SO—£—100/
Grade A „ B
Cash Office Assistants.
4. Cash Counters : Grade I II
38—2'2—40 43—3/2—58 60—5/2—75
Nil
45 „ 69 ., 96
Grade abolished.
,. ra
1 9 4 9
-5, Cashier ;
125—5—200
In 1939 he used to be called
• „• 200
180—10—25Of
Head Cashier.
110— 5— 160/E.B.—
*6. Stenographer
60—5/2—100
., 9"
10—200.
60—5/2—75
7. Comptometer Operator
. Ra. 96 Grade A
. 72^4— lOof 100—6— ISO
T H
£
f Of the two in aemce now, only I one was in service in 1939 I and was getting- Rs. 65. [ la 1947 it was raised to i Rs. 128. The other one is J m grade A. Scaja in other J offices in Calcutta : I 70—t— 124/EJB.—7—170-
60—5/2—75
Draughtsman: Head
8.
. KB. 96
140—5—160-^10— • 220/E.B.—10—250.
G A M Assistant : Grade I Grade I I.
2S—2/2—40 43—5/2—58
„ 45 „ 69
60—3—90 90—5—140
T
•Audit Inspector and Stock 70—5/3—110
„ 112
I !
130—10—260
9.
Verifier.
Nil.
*Asst. Inspector
Nil.
75—o—120
o h
'
Verifier,
I
60 (Fixed)
Motor Car Drivers
„ 96
60—3—90f
10.
(Bengal Chamber Bate : 55—1—
N D
I
75).
A ! Nil .
N il •
Literate Sorters and Dnftries
. 35—1—so
n.
12. Cash Dnrwans .
19—1/3—25
. „ 30 .
. 32—1/2—40
16/—1/3—20
Peons . . ..
. „ 28 .
13.
Grade A Grade B
. 30—1 '2—36 . 35—1/2—40
Nil .
Nil
Loco Cferks
14.
Same as clerks (1)
Grade A Grade B
. 80—4—120 \ . 120—6—180 /,
E X T R A O R D
I
Engineering Line Staff
, *P. W. Inspectors :
15.
N A R Y
,
Bs. 160.
. 130—10—250f
(Special Grade abolished^. 1st Grade Special .
•Asst. Do. .
100—5/%—130 130—5/3—150 40—5/3—SO
„ 6*
75—o—150
S U P
.
, 'Inspector of Works :
16.
. 130—10—250 . (Special Grade abolished) t
tt &6 . •
&
- , 1st Grade Special .
60—6 '2—100 10*—5'2—120
i
Kil.
*Asst. Do. .
NiL
75—5—150
o 4
. Time-Keeper : Grade I
Rs. 45
. 50—3—Sit
17
&
.. (Grade H abolished).
Grade £1
28—2:2—40 45—5/3—55
i
30—2/3—48
. Works Sircar ft Head Mistry
. 40—1—60+
18
^
j
1 5 5 2
1
4
o
2
3
t l
19.
. 35—1—iO—2—50
Rs. 27 .
Mates : (Bengal) . . . . (Bihar) . . . .
17—2/3—27. . 16—2/3—26.
T E
(Distinction between Bengal and Bihar grades abolished under, agreement with the Unions)
20. Kevroan : (Bengal)
. • . 32—1/2—40
. „ 26 .
(Bihar) .
16 (Fixed^ . 15 (Fixed) .
(Distinction between Bengal and Bihar grades abolished under agreement with. the Unions).
G A Z E T T E
21.
Ditto.
. „ 19 .
. 30—1/2—35
Gangman, Carpenter, (Bengal) TroOyman, Cooley (Bihar)
12—1/3—15. 11- 1/3—14.
O V
22. Gharami . . . . ..
NiL
Nil. .
. 35—1/2—40
I t f -
23. Cbowkidar. . . . ..
Nil.
Nil. .
. 32—1/2—40
D T A 24
. Rs. 40 .
. 50^—2—70—3—85
Blackamith. Carpenter, (Bengal) . Fitter and Machineman. (Bihar) .
23—2/3—io. 20—2/3—iu.
(Distinction between Bengal and Bihar grades abolished under agreement with the Unions).
E X
t
25.
Ditto.
. Rs. 42
Mason and A-min Histry (Bengal) . (Bihar) .
E A
26—2/3—40. 22—2,3—3b.
o
i t 26. H e ad Fitter
Nil .
. 70—3—100
Nil .
D
l
' 27 Painter, Hammerman
Nil .
Nil .
35—1—45
H e ad Mistry
28.
Nil .
Nil .
70—3^—100
N A B
?
,
Loco Line Staff.
8 E
29
(Grade Q abolished).
*Loco Foreman : Grade I .
. Rs. ISO.
. 130—10—250
" P
100—5/5—12(1. 130—5/3—150.
.
n
5
,
* A s s t. Do
Nil .
Nil .
. 75—5—150
SO
30—2; 3—4S .
1 0 4 0 * C a r r i a ge E x a m i n er . . .. • A a s t. Do
Nil .
. Rs. 4S . Nil .
. 75—5—150 . 50—3—80
31
. ^ . (Special).
* E l e c t r ie I n s p e c t or . . .. *Aasx. Do
Nil . Nil .
Nil . Nil .
. 75—5—150
. SO—5/2—120
Nil .
Nil .
32. F i t t er -in-Charge . . ..
Nil .
40—1—60
Nil .
T r a in L i g h t e r, Checker
33.
I Same as (24)
Same as (24)
34.
T H P
.
B l a c k s m i t h, Carpenter, F i t t e r, Boiler-1 m a k e r, T u r n e r, L e ad B u r n er Cell- J Charger. Asst. Do
Nil
Nil
. 40—1—50
. 70—^5/2—100
Nil .
35. Diesel F i t t er
Nil .
G A
30—1/2—35
36.
••
••
" * Shed K h " l i " i, Carriage W a s h e r, Cook, B h i s t y, P u m p e r, Cleaner, L a m p m a n, Coalman, W a g on E x a m i n e r.
K
. 31—1/2—40
37. Chowkidar, W h e el T a p er .
Nil .
Nil .
O F
. 75—5—120
Nil
36.
Nil . Rs. 40 .
Driver-in-Charge . . .. D r i v e rs . . .. (Bengal)
25—3/1—60—5/1—70
23—3/1—58—511—6$
E. B.—5—105.
i J j ] ) (Bihar) .
4
U
Nil .
Nil .
. 40—2—50
39. S h u n t er . . . . ..
M
l
Rs. 27 .
. 35—2—i5
40. F i r e m a n, P u mp Driver (Bengal) . (Bihar) .
17—2—25
15—2—23
Nil .
Nil .
Clock W i n d er
. 35—2-—t5
41.
U O R D
Nil .
Nil .
. 40—2—60
Coal Checker
42.
l
Nil .
Nil .
. 75—4—115
F u el Supervisor . . ..
43.
N A
Nil .
. 33—1—35
44. S t e a m - m an . . . ..
Nil .
f i t ,
Same as (19)
45. M a t es
Same as (19)
8 E 1 >
Nil .
Nil .
46. Fitter-in-Cbarge ( H. A. R u n n i ng Shed)
. 75—6—120
.
S
,
Banfcro Workshop Staff:
" 4
Rs. 208
47. *Loco Works Foreman
G
(Special as required)
130—6/3—160
60—5/3—80
„ 80 .
*Asst. Do
. 75—5— 150f
1 " 8
l f i
&
4
1
t
3
5
T
r i
* B o i l er I n s p e c t or . . ..
. Rs. 96
250—20—350
48.
60—5/2—100
E
B o i l er A s s i s t a nt . . ..
Nil .
Nil .
Special.
49.
. Ea. 48 .
50.
G A Z E
. 75—-5—150 . 50—3_S0
" C a r n a ge E x a m i n e r* . . .. * A s s t. Do
Sil .
30—2/3—48 NU .
l
'
f
E S t o r e - K e e p er . . . ..
. Ra. 112
. 1^0—5—180/E.B.—10
51.
70—3/3—100
—200.
O F
T r a in L i g h t e r, T o o ls K e e p e r, C h e c k er
Nil .
. 40—1—50
52.
NU .
a nd C o o ly S a r d a r.
i t f l
53.
K A
Same aa (24)
Same as (24)
B l a c k s m i t h, C a r p e n t e r, W h e el G r i n d e r, "Fitter MftpJiiTtfTFMWi Tt^ilpirm"n, Turner, Tinsmith and Welder.
Asst. Do. and Beltman
Nil .
. 40—1—50.
Xil . .
K X
H e ad Mistry and Head K t t er .
K il
54.
Kil
. 70—3—100 (Same as 26 and 29)
^ R A
. Workshop Chargeman
Nil .
Xil .
55
. 75—4—115—5—130
b E D
t
Kil .
Oil Engine Driver . . .
Kil .
56.
50—2—70—3—85
N A
l i Tindel, Painter, Lettennan, Hammerman Jfil
57.
Nil .
. 35—1—io (Same aa 27)
Y
,
Asst. Tindel, K"hol""i Cook and Water- KU .
58.
Nil .
. 30—1/2—35 (Same as 36)
m a n.
S ^ P
.
Packer, Rivetter . . ..
Nil .
59.
Nil .
. 40—1—50
6
,
60. Chowkidar . . . .. Do. Head . . ..
Nil . NU .
Nil . Nil .
. 32—1/2—M) . 34—1/2—45
1 0 4 3
Driller
Nil
61.
. 45—1—50—2—60
Nil
Apprentice . . . ..
Nil
. 30—2—36—4- 40
Traffic Line Staff.
<83. *Tr"ffie Inspector— Grade I
Ess. 160
. tl3°—10—260.
1 „ n
100—5/3—J20 130—5;3—150 40—5 3—SO
*Aast. Do
H T C
64. T. T. E. (Bengal) .
. 40—2—70
„ 64 . „ 35
•
(Bihar)
22—2, 2—32 20—2, 2—30
. 38—1—42—2—60
„ 29 .
Ticket Collector (Bengal) . i (Bihar) .
•65. 4
IS—1 2—25 15—1'2—22 25—2/2—35
. 70—4—130
Do. Head . . ..
•66. Batch-in-Charge . . . .
. 45—2—70—3—85
•
G A Z E T T E
Do Head . * .
70—4—130
" ">>• Nil Nil
Nil . Nil
35—2/2—45
Ticket Collector (Lady) .
. 70—10—150
•67.
RB. 56 .
O F
.08. Station Master (Bengal) .
I
,, 64 .
(Bihar)
. T55—3—79—5—m'E.B.—5—114 100—5—150 (Special Stations)
30—3—50—5—60
Aast. Do. (Bengal) .
30—2—40 .
. 50—2—60—3—85
., 48 .
(Bihar)
20—2—30
N D T A
•69.
„ 40 .
. 40—2—56—3—65
Signaller (Bengal) . (Bihar) .
25—2/2—30 20—2/2—26
70.
„ 40
. 40—2—56—3—65
•
Booking and Goods Clerk (Bengal) . (Bihar) .
25—2/2—35 18—2/2—30 .
Head Booking Clerk .
71.
40—2/2—50—3/2—65 ., 64
7 2. Guards . . . . ..
25—2/2—35—3/2—50
. 70—4—130 . 46_a_*5-*_60_6-125
„ 40
-
E X T R A O R D
I
•Medical Officer
7 3.
70—2—90—5/2—110
. 130—5—150—10—250
Grade I
„ 112
200—10—300
Compounder .
74,
28—2/2—40
„ 45 .
N A R Y
,, n •
,
. 45—1—50—2—60 (Unpassed) 60—2—70—3—100 (Passed)
Dresser . . . . ..
75.
Nil
. 35—1—45
7 6.
RB. 19 .
30—1/2—35
S E P
.
12—1/3—15 11—1/3—14
Porter, Pointsman, Running (Bengal). Boom Clerk, Gateman, (Bihar) .
(Waterman)
5
,
7 7. Sweeper . . . . ..
According to local rat es.
30—1/2—35
1 8. Points Jftmadar, Chowkidar.
16—1/3—20
„ 26
32 — 1/2—iO
1 9 4 0
1
M B
1B56 THE GAZETTE OF INDIA fiXTHAOBDlNAB.Y, SEP. 5, 1949EXHIBIT 36 THE HOWRAH-AMTA LIGHT RAILWAY (JO. LTD.
APPROXIMATE LIABILITY AS ON 15TH JUNK 1949
Swnniary
1. District Board of Howrah—
R B.
R B. As on 30th Septembor 1948
1,10,311 Lena Paid since . . . . . . . ..
31,921
78,390 Add Approximate Bhare of profit lor the huti-your to 31 MM"h 1040 ,
78,000 1,JW,390
2. Martm Burn Limited : •—
(a) For CouiiniBaion • —
AB on 30th Noptdmber ]04fi , ,
88,031 Less Paid since . , . , . . , ,.
21,642
36,989 Add Approximate Commission for the half yeur to 31st i 34,500 Maroh 194H,
71,489 (6) For Goods supplied us per list
.
61,789 1,33,278 w
3. Employees Provident Fund :•—
A p p r o i. C o n t r i b u t i on f or t he h a l f - y e ar to 3 1 st M a r ch 1 9 49
71,000 4. Income Tax ( b a l a n ce of S e c. I S A) . . . . ..
86,498 0. Sundry Creditors for Qoods Supplied—
An per LiHt . . . . . . . . ..
4,79.460
9,22,620
THJB (iAZETTE OF INDIA EXTRAORDINARY, BEP. 5, 1040 15C7NX HI BIT C.
Teimh of agreement timing "from the diNeuwiions between the ftfurtin'ji Rait- ways (Managing Agents: Mewses. Martin & Co., Calcutta) mid tho Mnrtin Cora- rpany Rail waym en's Union, Bihtir :—
1, This agreement in entered into in .satisfaction of the deuyindB put forward on the basis of the Roport of the Central Pa,y Conimiseioii by the employees a" lepuwmted by their Union and ]V independent of any enactment or .settlement elsewhere,
\
2. The senleH of pay foi employers of the thice Bihar Linen (A IS., B. B. and K. f.) shall be the some as for the eT>iplo\oeH of the three Hengul Liner, (tl A., If.8. und B. & B.).
:i. The DearnoHW AHOVVHTIOO /or all cleric nl btafT hhuU be Kupces rl'hiity per month (RH. ,t0).
4.'The DeiimcHN All(M\atKe Joi1 the Inferior Ktaff attached to and working at the Mercantile Building nhall be as exiting i.e. Rupees Twenty-fonr (KM. 24), r>. The De.iriicvH Allowance for all the other Htaff nhall be Unpt-i - Twenty per month (Rr-. !>(,)).
ti. The juinimum pay for eleiical Htaff Hbal) be RupoeN Fifty (Rs. Si)) P, M. 7 The minimum pay for til! inferior htaff Rujiees Thiily (K". 30) P. M. S, The minimuai pay for billed artisuriH RujieeM Fifty (RH. 50) P. M.
!K The minimum pa\ for "erni hkilled Rupees Fort\ (R'i, 40) P. JI.
10. The Line Subordinate Staff shall be granted an increnue oi Rupee? ^Thirteen (R". 13) on'their (present pa\ exclusive of the Interim Relief ol Rupees Four (RH. 4) already gmnt'^d.
11. The Clerical Staff whall be granted an mejeuse of Rupcec Tvel A e (1?H, 12) on their p:6Nent pay.
12. The Inierim Relief of RH, 4 (Rupees Four) .shad lie coiiK)lir]ated with pay.
\li. New hKuJch ol pa> hlntll be diawn without delay, if pofsibte within ft fortnight from Lhe date of agreement.
J4, The increases in pay and Denvner-s Allowance wuiNequerit to this ngree- meut shall be operative from the 1st Ju)y, 1947.
Sd. RAJANf MT1KHKK0J,
PHEflll)BTJT,
Martin Co, Bqilwaym(.n'" Union, Bihap.
,Sd. W. B, UTJ.EY,
Ag, General Mawtger,
Martin'* hight Railways,
OHlmtia, 23rd September 1M7.
1553 THE GAZETTF. OF INDIA. BXTEAORDINAEY, SEP. 5, 1949EXHIBIT D.
Terms; of agreement arising from the discussions between the Martin's Rail- ways (Managing Agents : Messrs. Martin & Co., Calcutta) and the Martin's Light Railway Workers' Union, Howrah :
1. This agreement is entered into in satisfaction of the demands pnt foiward 911 the basis of the Report of the Central Pay Commission on the following points by the employees as represented, by their Union and i\ independent of any enact- ment or settlement elsewhere.
2. The scales of pay for employees of the three Bihar Lines (A, S.. B. B. and F. I.) shall be the same as for the employees of the thiee Bengal Lints (H. A., H. S. and B. & B.).
3. The Dearnes.s Allowance for all t re Clerical Staff shall he Rupees Thirty pei' month (Rs. 30).
4. The Dearness Allowance toi all the other staff shall be Rupees Twenty p
5. The minimum pay for clerical staff shall be Rupees Fifty (Rs. 50) P. M. . 6. The minimum pay ior all iriferior~staff Ru] ee.s Thhty (Rs. 1.0) P. M. 7. The minimum pay for all skilled artisans R^. Fifty (Rs. 50) P. M. 8. The minimum pay for all semi skilled Rs. Forty (Rs. 40) P. M. Clause No. 9 Reserved for further dihCUNsion.—Sd. S. Isr. Banerjee.
10. The Clerical Staff shall be granted an increase of Rupees Twelve (Rs. 12)s on their present pay.
11. The Line Subordinate Staff shall lie gianted an increase in pay of Rupees Thirteen (Rs. 13) exclusive of the Interim Relief' of Rs. 4 (Rupees Four) already granted'
12. The Interim Relief of Rx. 4 (Euj ees Four) wl all be consolidated with pay.
13. New scales of pay shall be c'rawn witheut delay, if j ossible within a fort- night from date.
14. The increase in pa\ and Dearne"s Allowance consequmt to this agreement shall be operative from the 1st July. 1947. Tie payment to be made before the Pivjahs failing which lump Minis shall be paid.
Sd. SIBXATH BANERJEE,
PKESIOKXT,
Martin's Light Railway Worker*' I'nion. '
S, D. UTLEY
Ag. General Manager,
Martin's Light Ra Uu-ayx.
Calcutta, 22nd September 1947.
1 HE OAZKTTE'OF 1NDFA EXTBAOIVDINAHV, SUP 5, 1949 1559K\HT"BTT H.
Mitihrt'* Liyht Rctilwtii/i
Calcutta - /^ .Vay-cA, 7040.
House AUnwavcr —-1 Houif Allowance m ay IK* ^ Ia n t ed by Managing A^entM in individual (uses lo essential seivanta who are n ot allotted lent liee quaiteja a nd live -within 1 mile of tha M tat ion to whuli *h(n am ponied a nd actually y&y rent.
2 It m oonsidcied that cnftential wtvants sie t h o^ whowp K-iviccti me liable to be called upon in cmoi^fiir\ during any ptut of the day or instil and,or by the nature of their duties the\ have to leinde close to the Hailwoy Station i.p., "taff connerted with the miming hainp
Houtm AIIOWMIIUI will al prepent be at 15 pot cent of Imsio ptu. Thc*o onlois tftvo elfecl lioni IftHi Muroli li)4"
MAH'IMX lHrRX LIMITEf),
Sd/V. LEHUE INURTI^,
MannqtiK) Dnrrioi,
\f
No. I) I
Oopy forwarded to tho
for information aud t'oDipllnnep.
N 0. KUPPUSWAVl, L'ndor Secy.
Pi an'-ntij "\ IHB M iM un or P wiivricws, IIULHI, INDI^ PaftiEr BY iHf \HNAI rji liovrrNMFNi or h nn rnr^a, NEW P n a t, I\n.x
- (6) Dearness Allowance on the sco/lo of the Htato Raih\avw, and evon m we in tenre. of the Pay Commission's Report. The basic pay as existing at present was fixed in September 1!)47 by agietn etiL of parties and the scales are given in Ex. 34. The Dearness Allowance at proi-eiit given is as follows :— (a) All line staff including workshop staff get a flat rale of Rs. 20 Deumei-s, Allowance, but exclusive of the clerks on the lint'. (b) Tho head office clerks and the line clerks all got a flat rale of Rs. .'1<» Uearness Allowance. (c) The lower utaff in the head office viz. Voons, Chapratsis and s-vveeperK (to be hereafter called Class IV staff) get DeameKs Allowance ai a flat rate of R B . 2 4. The workmen are given 15 per cent, of basic as houso-ront ullo\wiiu-e in cases where- essential staff are required to livo near the fetation and cttnnot be provided with accommodation. The clerical siaff in Calcutta are gi\en a (oui| enMitoiy ull«>"»- • ance of J5 per cent, with a minimum of Rs. 10, nnd Clnsf- IV s-iaft get the san ^ except that their minimum is Rs. f>. rPho -vvorknien also ha^e a Contiibutorj Provident Fund and gratuity after ]f> years' hervke. The head (jffice dental t,1af( get a month's bonus after 8 years service, and proportionately less for lessor ] ei iods of service ; and the Head Oflice Class IV staff get Rs. 10 bonus per year phis- Ra. 1-8-0 for every completed year of service. The workmen claim that wherever houses arc not provided tor them they should receive n house-rent allowance ; and that the Calcutta Compensatory Al- lowance should be extended to those working in Howrah. It is urged o?i behalf of the employers thai the Ho-wrah Anita Railway in its present financial position is unable to pay IHHthing more 1A W05 of wages. It is contended that the agreement ol 1947 (Ex. C, I) and 16) ieprenented a fair com- promise between the pmplo\eiH and labour, and that theie has been TIO change of circunistances to justify anj liHeration ; they urge that the Howrah And a Railway is at present groaning under tho burden of a debt of nine lacs- of rupees, whioli -will have to be gradually discharged. Tt, therefore, becomes necessary ior me to decide whether the How nil, Amta Railway and the other throe Railways aro in a position to paj advances in waget. in the event of my deciding thnt such advances are justified. Exhibit 1 is a statement of tho financial position of the foui Companion on 301 h September 1948 ; I shall, however, deal in the main with the ITowrah Amta Lt. Railway, for thin is the only one of the four concerns whioh at present can be said to be bearing a load of debt. The share capital of the Company is 16 lacs, and it had issues debentures to tfte tnne of 7 laoR. Those debentures -which bore interest at the rate of 6 per cent fell due for payment in 1948; but the debenture-holders were prepared to extend repayment by another 20 years, srraultaneoush reducing the rate ot interest to 4 per cent. Renewals reserve shows about 10 lacs, develop- ment reserve 6 lacs, terminal removal rei-erve 1J lacs ; and on that basis the total capitnl outlay amounts to 44 lacs, which with stores readies the figure ot nearly HO lacs. It is, therefore, uiged that the excess of capital sunk over capital and' reserves is 9 lacs, financed pmtly out of an over-draft of 3J Incs and partly by with- holding payment to creditors. In other words the debts at present consist of the over-draft of the Bank of 3£ lacs, and trade debts to the extent of some 6 lacs of rupees. Tt in quite natural to ask how this amount is going to be liquidated. ↩