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REGISTEREDNo.D- 28

The Gazette of India

PUBLISHED BY AUTHORITY

NEW DELHI, TUESDAY, SEPTEMBER 6, 1949

GOVERNMENT OF INDIA

MINISTRY OF LABOUR

New Delhi, the 3rd September 1949

No. LR-2(220).—WHEREAS under the Order of the Government of West Bengal in the Commerce, Labour and Industries Department (Labour) No. 185 Lab., dated the 17th January 1948, the industrial disputes between the em- ployers of the mercantile firms specified in the Schedule hereto annexed and the clerical and subordinate staff in their offices, along with the industrial dis- pute in relation to Phoenix Assurance Company, Limited, were referred for adjudication to a Tribunal with Shree Ashutosh Das Gupta, Additional District Judge, as Chairman and Shree Sailesh Chandra Chakravarty and Shree Sudhir Chandra, Dutta Gupta, Additional District Judges, as members;

AND WHEREAS the said Tribunal has given its awards as shown in the annexure hereto;

Now, THEREFORE, in exercise of the powers conferred by sections 15 and 19 of the Industrial Disputes Act, 1947 (XIV of 1947), read with the Industrial Disputes (Banking and Insurance Companies) Ordinance, 1949 (No. VI of 1949), the Central Government is pleased to make the following Order and to direct with reference to section 17 of the said Act that the awards be published in the Gazette of India.

The awards made by the said Tribunal shall in so far as they relate to the mercantile firms specified in the Schedule, bind the companies and their works men as specified therein for a period of one year.

SCHEDULE

1. The Liverpool and London and Globe Insurance Co., Ltd.,

26, Dalhousie Square, Calcutta.

2. Royal Insurance Company, Ltd.;

28/27, Dalhousie Square, Calcutta. 3. The South British Insurance Co., Ltd.,

8/5, Netaji Subhas Road, Calcutta.

4. Caledonian Insurance Company,

B.3 Clive Buildings, Calcutta. 5. Century Insurance Company, Ltd., B. 3 Clive Buildings, Calcutta.' ( 1563 )

6. .North British and Mercantile Insurance Co., Ltd.,

101/1, Netaji Subhas Eoud, Calcutta.

1. Scottish Union and National Insurance Company,

0, Lyons Kange, Calcutta.

8. "Union Insurance Society of Canton, Ltd.,

b, JNetuji Subhas Itoad, Calcutta.

AJNJSJU&UltE

Is THE MATTER op industrial disputes referred for adjudication by Order No. 135-Lab. of Government of West Bengal, dated the 17th January 1948 between the employers and the clerical and subordinate StRttS Of—

(1) Liverpool & London & Globe Insurance Co., Ltd. (Serial No. 211 of list JSlo. 1 of the order of reference).

(2) .Royal Insurance Company, Ltd. (Serial No. 281 of list No. I of the order of reference).

<8) The South British Insurance Co., Ltd. (Serial No. 285 of list No. I of tbe order of reference).

PREISENT :

bri Aauthosh Das Gupta—Chairman. Bri Kallea Chandra Chakrubartty—Member.

EMFBEHNOB.—Government of West Bengal Order No. 135-Lab., dated the 11th January 1948, under sections 7 and 10 of the Industrial Disputes Act, 1947.

Constitution of the Tribunal

Shri Asutosh Dae Gupta, Chairman and Sri Sailesh Chandra Chakrabartty and Hri Budhir Chandra Dutta Gupta, Members.

Sri Rudhir Chandra Dutta Gupta has been absent and his services being no longer available, tbe cases are being heard by the Chairman and the other member present.

Appearano*

For the employers

For the employee*

Names of the firms Liverpool & London & Globe

Insurance Oo,, Ltd.

TMr, 9. Mallik (Jr). of Mesara. •< Sanderson & Morgans, {_ Solicitors.

Mr. B.K. Ohoudhury, Counsel instructed by Bri A. K. 8en Gupta, Seoy. of the Union, Royal Insurance Co., Ltd.

The South British Insurance

Oo , Ltd. •

Dr. H. C. WalRht, Counsel, Instructed by M/s. Orr Dig. nam & Co., Solicitors,

Mr. B.K. Ohoudhury, Counsel, instructed by Offloe bearero of the Overseas Insurers' Association.

The Liverpool & London k Globe Insurance Co., Ltd., and the Eoyal Insur- ance Co., Ltd., have since been amalgamated. The difference in the terms and conditions of employment in the two companies can no longer subsist, We accordingly give one award which shall be binding on the two companies since amalgamated and the employees of the amalgamated Company.

Fay and Dearness Allowance

The Royal Insurance' Oo., Ltd., and the Liverpool k London & Globe

Insurance Co., Ltd.—

In 1940 or 1947, the .Royal Insurance Co., Ltd-, graded the clerks upto first 10 years of their service and in 19*8 introduced the Bengal Chamber of Com- merce grades as they existed prior to the award. The Liverpool & London &

Globe Insurance Co., Ltd, have hitherto no fixed grade and scale. We lay down the tollowmg grades and scales ot pay tor the clerical statf.

Special Giade—Es. 260/- and upwardb (bcales ol increment and the eeih'ng left to the disretion if the employers).

Grade A—Us. lttO—K>—iiGG

Grade li—Jtts. 110—7—lfcIO

Grade C—Us 70—4—134

The mmimum btarting pay is fixed at Be. 70 as against the existing minimum of Bs, 60. In the Royal Assurance Co., Ltd., the grades are already in existence. In the other Company the grudings bhall initially be made on the principle oj the Eoyal Assurance Co., Ltd. To fit the existing staff into the re-vised grades and scales, all members of the cleiical staff shall be given a flat increment of Es. 10 and no clerk shall be placed in a grade the outward limit of pay of which is below the salary of the clerk after this flat increment. If by this flat incre- ment, the pay of any clerk does not reconcile with a stage in the revised scalen, lie shalJ be placed at the next higher stage. Increments may be stopped by way of punishment for habitual late attendance or other misconduct after going through the prooodure preaoribed for punishments.

The probationers shall get the lowest pay of the grades to which they belong.

The clerks shall get dearnees allowance, according to Bengal Chamber of Commerce Scheme.

Subordinate staff.—•Salary "varies from Bs. 20 to 60 and the motor oar drivers get Es. 75. Dearness allowance is given according to the Bengal Chamber of Commerce Scheme. The totfil emoluments do not call for any interference. Basic salary shall not be less than Bt>. 80. Those who are getting less than Es. SO shall be pulled up to Bs. 30. The increments thus given shall be deducted from the dearness allowance. The pay and dearness allowance of the new recruits shall be so adjusted that the basic pay is not less than Es. 80.

South British Insurance Co., Ltd. Clerical Staff.—Existing grades are—

Grade D—Rs. 60—6 —101

Grado C—Rs. 75—10—130

Grade B—Rs. 100—15—180

Grade A—Ra. 150—20—350

Increments are given at the discretion of the Company, We only revise the D Grades, as detailed below :•—

Es. 70—5—100.

In consideration of the liberal scales of increment in the grades, we do not illow any flat increment to the clerks. We direct that only thoso people who are selow Bs. 70 be pulled up to Es. 70. The Company want to retain discretion ;o vary the increments within the grade according- to efficiency and ability of the Jerks. In view of the liberal scales of increment, we retain the discretion subject JO the following safeguards; —

(1) The increments in Grade D shall be automatic. * •(2) The minimum annual increment in Grade O shall be Rs. 7-8-0 and those in Grades B and A shall be Es. 10. These minimum incre- ments shall be automatic.

(fl) While the employers will have the right to refuse the maximum incre- ments in the event of the works o± the clerks tailing below the mark or for misconduct, the clerks shall be entitled to increments higher than the prescribed rates if they can ahow extra efficiency in their works.

(4) Continued inefficiency may even lead to dismipsal in which case th" procedure prescribed for punishment shall be gone through.

Probationers shall get the lowest pay of the grade to which he belongs. Dearness allowance shall be paid according to the Bengal Chamber of

Commerce scheme.

Subordinate Staff.—The present rates are: — Bs. 25 for the first five years, thereafter the members are placed in Grades A and B and receive annual incrementp as detailed below:— ^

Grade A—Ke. I per month.

Gmd" B—Re. 0-8-0 pel month. 1st Driver—He. 70. 2nd Driver—Rs. 60.

They got clearness allowance at a flat rate of Hs. 49. Total emoluments do not eall for any interference. Those who are drawing less than Ba. 30 shall be pulled up to Ks. 80. The amount of increment thus given shall be deducted from dear- ness allowance.

la all these companies, the increments given by th© award to fit the existing staffs into the revised scales shall not debar the members to the normal annual increments.

Retiring Age and Baneata.

In supersession of the existing practice, we fix 66 as the age of retirement But the employers shall have the discretion to allow extension on application of "n employee from year to year not exoeeding 5 years.

Liverpool and London Globe Insurance Co., Ltd., and Boyal Assurance Com-

•pany Limited.—

In the first mentioned Company there is a Contributory Provident Fund with 8J per cent, contribution on both sides. The contribution was raised to 8J- per cent, in 1947, before which it was 6J per cent. In the 2nd Company the contri- bution ia 6J per cent, on both sides but the employers are agreeable to raise it to 8$ per cent.

The members of the clerical and subordinate staffs are entitled to the beiefit.

Interest on Provident Fund is 5 per cent, compound (not guaranteed) this " more beneficial io 10 per cent, contribution carrying simple interost On retire- ment after ft) years of service and 60 years age, guaranteed payment from Fund equal to 11/10th of month's salary for every veav of service and for service of more than 15 but less than 30 years guaranteed payments equal to ] riontK salary for every year's service.

Payment on death whole of contributions. On retirement 60 per cent, immediately balance by instalments, balance to accrue interest, but if clerks can satisfy that they would get better return the whole may be paid.

Life Insurance Concession—(1) Boyal—Discount of TO per cent, in 1st year and also exempted from normal extra of 6 per cent, on monthly payment. ™( ²) ? Ie r p (^ F iS PrivileKe is n ot in existence but the employe** are piepared to extend the pnvilege if the employees want ft (only sanotion from Superintendent of Insurance should be obtaiWi

Wo do not propose to disturb the Life Insurance Concession. This concession ehall be extended to the employees of the Liverpool as proposed.

Tn viaw of the tact that the rate oi interest, although not guaranteed, is quite reasonable, we do not propose to raise the rate of contribution. But if the interest is sought to be reduced, it will be open to the employees to apply to the Government to set up a Tribunal for revision of the rate of contribution. For ib* present, for both the Companies the employees shall subscribe 8^ per cent, of his salary and the employers shall contribute an equal sum.

The employees' contribution shall be paid to the employees in all oases of termination of service.

At present the Company pay 60 per cent, of the Provident Fund money the balance though carrying interest is paid in instalments at the discretion of the Company. This provision does not appeal to us. Tho entire money due to an employee under the rules shall b© paid to him (or to hie legal heirs, in the event of his death) on termination of his service on the application of the employee concerned (or his legal heirs in the event of hia death).

South British Insurance Co, Ltd.—

The existing benefits are:

(i) A gratuity on retirement subject to Gratuity Scheme Bules of 10 per cent, of the. annual salary, A separate Gratuity Ledger is main- tained and each member can verify amount posted to bis credit annually. The 10 per cent, is paid by the Company and the bene- ficiary contributes nothing. At the wish of the stafl this Scheme fa being replaced by a recognised Provident Fund to be brought in shortly; basis of fund 8J per cent, similar contribution by Company. (ii; M the discretion of the Head Office Directors small pensions have been awarded for outstanding service. At the present the Company have six pensioners drawing BB. 40 per month and four drawing Bs 80 per month. All served with Company over 80 years.

The> gratuity scheme was introduced in December 1941. Prior to that there

J

was a Contributory Provident Fund with 10 per cent, contribution on both eidts In view of the assurance given by the Company that they have no intention to discontinue the discretionary pension, we do not propose to interfere with the wasting scheme. These- benefit* were extended to the member* of the subordinate staff from 1989. Those members of the subordinate staff who had entered the Company s service before 1989 shall be given as gratuity * month's pay for each completed year of service pnor to 1939, to be calculated on the pafjust before the present award comes into fqree.

Tn all the Companies—

Bonus.—Only Profit sharing bonus was demanded. This demand was subse- quently abandoned. All the three companies have hitherto paid some bouses

t^^SSZ^"™*" t⁰ "^ We -cordi^leaveZ'uTaS

Canteen^n.—According to our schemes, these are ex-gratia concessions an3

* r e t : Z r °n m⁰WanC°' CMdT⁶n'B ⁶ducation ^ ^ - T h e se demands

"S335s5SS£35c35ffi

Globe Insurance Co. have some arrangements whioh they do not contemplate to discontinue'.

Working Hours, Holidays, Overtime and Leave.—The existing schemes of the Companies are detailed below:—.

Royal Assurance Co., Ltd., Liverpool and London and Globe Insurance Co.,

Ltd.—

Weekday—9-30 to 5 P.M. with Working hours—

\ hour recess.

Saturdays—9-30 to 1 P.M. without

reoess.

Overtime allowance—

Overtime works not onoouragod but if undertaken one day's pay is paid.

Holidays.—All Negotiable Instruments Act holidays. Leave.—No leave rule, but Company agree to give leave according to the Shops and Establishment Act.

In modification of the existing scheme, we lay down the following: — Working Hours.—Normal working hours shall not exoeed 39 hours in a week including \ hour's recess at Midday from Monday to Friday.

Overtime.—Overtime works should be discouraged. But when necessary, overtime allowance shall be paid at 1.25 times the normal pay per hour according to the Shops and Establishment Act,

Holidays and. Leave .—All holidays under the Negotiable Instruments Aot shall be observed and leave shall be granted according to the Shops and Establish- ment Aot. South British Insurance Co., Ltd.—

Working Houra :—Weekdays—10 to 5 P.M. "\ Saturdays—10 to 2 P.M. J

with 1 hr. recess on eaoh d.ay for luncheon.

In view of the short working hours as. compared with other mercantile firms, we d:> not propose to interfere with the existing practice in the Company for over- time works.

14 days' Annual Privilege leave. Siok leave freely given if supported by Medical Certificate and recognised praotitioner's recommendation and also leave on private urgent necessity. WitK the consent of the Union the existing leave datea are allowed to stand.

Service Condition©

(a) Probation and confirmation.—It is awarded that the period of probation shall not exceed 6 months though confirmation may be mado earlier if the candidate is found suitable.

(b) Service reoord.—We award that service records be maintained and that adverse remarks shall be incorporated after giving the person an opportunity of explaining his conduct.

(o) Enquiry before punishment, and Dismissal, disoharge and retrenchment or other punishments .—In case of retrenchment, the principle of "last come, first go" shall be applied. Exceptions may be made in case of persons witli exceptional abilities.

Now come the question about dismissal and punishment. The ^employer haa no doubt the right of punishing an employee but we frame the following pule* which must precede any punishment": —

The first thing to be done is that a charge shall be framed and the pprson proceeded against shall be furnished with a copy of the charge and

the facts on which this is based. The person proceedad against shall submit hia explanation. Then a future date should be fixed for the matter to be enquired into. If the person proceeded against is found innocent, the matter ends. If, howover, he is found guilty, the employee concerned shall be supplied with a copy of the findings and the punishment proposed to be imposed. The employee will get an opportunity again "to p'ead about the punishment only at this stage. If the Enquiring Officer himself is competent to inflict punishment on the person proceeded against, he will hear hie pleadings and order what he thinks best. If the Enquiring Officer Is anybody other than the Head of the Concern at Calcutta, an appeal shall lie with him within seven days of the communication of the order punishing the employee. In case the Enquiring Officer is nofi competent to inflict punishment, ho will forward the proceedings to the authority competent to punish and that authority will hear the person again and then pass orders. If that authority be other than the Head of the Concern at Calcutta, an appeal shall lie likewise with the Head of the Concern at Calcutta. In all oases where the proposed punishment is discharge or dismissal the papers rnmt be laid before the Head of the Concern at Calcutta who will hear the person proceeded against and then pass orders. The clerk proceeded against shall have always the right to be defended by any other employee or by any other retired employee. These are domestic matters and bringing outside agencies is not helpful to the person proceeded against. Any outsider may defend a person proceeded against with the permission of the enquiring officer.

We hope that the rules framed by ua will remove apprehensions about abrupt termination of services and will give to the employee a sense of security which is essential for efficient working.

(d) Retiring age.—We decide that a man shall retire on completing 55 years-. We do not favour extension of services, thereby blocking the way for younger people of get employments. In exceptional cases where both'the employer and the employee³ agree, extension of services may be granted.

Recruitments Rules, Recruitment, Promotion and Transfer.

Transfer means allocation of different work. The Federation wants that there should not be any such transfer. We feel however that transfer of tables is necessary for two purposes : —

(1) to make a particular clerk know work of the various departments; and (2) for stock taking of arrears of any one particular clerk working in a department for a sufficiently long period.

We do not approve of the idea that recruits should be done through the Union or the Federation. The Employer will select his own men.

Recruitment,

(i) Other things being equal, preference should be given to relations of employees, retired or in service. Between relations"of employees, the appoint'- ment shall go to the more qualified.

(ii) Preference should be given to retrenched employees, if qualified.

(iii) In the matter of appointment to the higher grades of clerk, promotion from lower grade shall bo the rule. Only in exceptional cases, recruitment may be made from outside.

Then comes the question of promotion from the clerical grade to the Officer's grade We award that there should be no bar to promotion from clerical grade to the Officer's grade or from subordinate staff to clerioal grade. As selection

must depend on the management, we cannot dictate that a certain percentage or a certain number of clerks must be promoted to the omoer's grade. This must depend on suitability according to the standard of the manajwneni. 5Vtt however, like to remind that such promotions do change the outlook of the clerk and are conducive to more efficient work by the clerioal staff.

Recognition of the Unions aa aiaa Jurisdiction of toe Tribunal Ho order tor

recognition

Becognition of the Union is not a condition of service and iB not an industrial dispute within the meaning of Industrial Dieputes Act. Labour Courts are going to be established soon and it will be the business of that Court to order for recognition of the Unions.

Travelling Allowance

Travelling allowance is paid, in all these Companieg to the employees when travelling is performed in course of duty but no travelling ia allowed when an employee ia on leave. The existing praotice shall stand.

Uniforms and Umbrellas to Menials

Uniforms and umbrellas for outdoor duty shall be supplied, If not already supplied.

A. T. DAS GUPTA,

* Chairman.

The 26th, April, 1949.

8. 0. CHAKRAVARTy,

Member*.

The 26th April, 1049.

IN THE MATTER OF industrial disputes, roferred to for adjudication by Order of reference No. 185-Lab., dated the 17th January, 1948 of the Govern- ment of West Bengal, Labour Deptt., between—

(1) Caledonian Insurance Company, B3, Clive Buildings, Calcutta (Serial No. 193 of list No. I of the order of reference).

(2) Century Insurance Company, Limited, BS, Clive Buildings, Calcutta (Serial No. 194 of list No. I of the order of reference).

(3) North British and Mercantile Insurance Co., Ltd., 101/1, Netajl Subhas Eoad (Serial No. 221 of list No. I of the order of reference). (4) Phoenix Assurance Co., Ltd., 28, Dalhousie Square, Calcutta (Serial No. 226 of list No. I of the order of reference).

(5) Scottish Union'and National Insurance Company, 6 Lyons Banra Calcutta (Serial No. 282 of list No. I of the order of reference) ' and the clerical and subordinate staffs In their offices, represented by Overseas Insurers Employees' Association.

PRESENT

Sri Asutosh Das Gupta.—Chairman. Sri Sailesh Chandra Chakaravartty—Member. KEFERHNCH.—Government of West Bengal Order No. 185-Lab, dated 11th January, 1948, under sections 7 & 10 of the Industrial Disputes 4oi, 1947,

Constitution of the Tribunal.

Members

Sri Asutosh Das Gupta—Chairman. ?" Sri Sailes Cb. Chakarabartty. f Sri Sudhir Chandra Dutta Gupta—Members.

Sri Sudhi/: Chandra D u t tu G u p ta hag been absent and his services being no longer available, the cases ure being heurd by the Chairman and the other m e m b er present.

Appearance

For (1) Caledonian Insurance Co., Dr. H. G. Waight, Counsel, instruct- ed by Messrs. Orr Dignam & Co. and Messrs Dutta and Sons, Solicitors.

(2) Century Insurance Co., Ltd., (3) North British, and Mercantilo

Insurance Co., Ltd., (4) Scottish Union and Nutionu]

Insurance Company.

Sri S. Mallick (Jr), Solicitor of For (5) Phoenix Assurance Co., Lid ,

For the EmployeeB:

Messrs, Sandersons & Morgans.

Bri B. K. Chowdhury, Counsel asfiiBt- ed by the Omoe-bearers of Overseas Insurers Employees' Association.

AWARD.

Before we enter into the merit of the five cases,-we axe to consider a pre- liminary question which was raised before us for the Caledonian Insurance Com- pany and the Century Insurance Company, Limited. These two companies were originally dietinci, and separate. Subsequently, the Manager of the Caledonian Insurance Company, was authorised lo carry on the work for the Century Insurance Company, Ltd., with the staff of the Caledonian Insurance Company. At preaen' ihe works of both the companies are carried on with the staff of the Caledonian Insurance Co., and Ihe Caledonian Insurance Company is proper- ly le-imbursed by the other Company for the expenditure incurred on its behalf. The question i= whether the Century Insurance Co., Ltd., is the employer of these employees. A correct decision on this point will require a scrutiny in the workings of the two Companies and their accounts which have not been placed before UR. In view of this practical difficulty, the learned Counsels on both sidea conceded, after the case was opened, that a decision on this point was unnecessary.

Fay and Dearness Allowance.

The Caledonian Insurance Co., the Century Insurance Co., Ltd., and the Phoenix Co., Ltd., have no fixed grades and scales for the clenc&l staff, except that they give a minimum commencing salary of Bs. 60 p.m. The other two companies, viz., the North British and Mercantile Insurance Co., Ltd., and the Scottish Union and National Insurance Company have adopted the Bengal Chamber of Commerce Scheme as it waes prior to the rent award. With this modification that the Scottish Union and National Insurance Company have no D Grade nnd that in tho North British and Mercantile Insurance Company, Ltd., men in D Grade are normally pulled up to C Grade In 2 years, we abolish! the D Grade and lay down the following grades and scales for the clerical staff:

special Grade Grade A Grade B Grade 0

Es. 260 and upwards. Es. 160—10—260. ... Ea, 110— 7—180. ... Es, 70— 4—134.

Typist will come under Grades B and C according to efficiency, and Steno- graphers, if any, shall come under Grade B. Each and every member of the clerical stoff of the North British and Mercantile Insurance Co., Ltd., Phoenix!

A&surancj Co., Ltd., and Scottish Union and National Insurance Company will get a flat increment of Bs, 10 p.m. If after giving such increment the salary of any of these clerks does not reconcile with any stage of the revised. scales, he shall be pla-oed at the next higher gtago. For the Caledonian Insur- ance Company and Century Insurance Company Ltd., in view of the fact that the clerks had been giien fairly liberal increments during the last few years and instead of giving a flat increment we direct that the pay of each dork shall be- adjusted in a way so that his present pay may not be less thau what he would have got if ho were appointed with a starting salary of Es, 70 and had got incre- ments at the rate of 11s '3 p.m. throughout the entire length of his service. If by such adjustment, the pay of any clerk is in between two stages of the revised scales, he shall be placed at the next higher stage. The last mentioned principle shall also apply to those whose existing pay does not call for any adjustment.

Probationers shall get the lowest pay of the catogory to which they belong. Grading ot the clerks are left to the employers. The employers shall grade the clerks, according to the nature of their jobs, having regard to the existing* practice so that none is prejudicially affected by the revised gradings. For the Calodonian Insurance Co. and Century Insurance Co., Ltd., and Phoenix Assurance Co., Ltd., which have at present no fixed scheme of grading for the clerical staff, wo direct that no clerk shall be placed in a grade where the maximum halary of the grade is loss thau what his salary comas to after giving the increment shall be given with effect from 1st January, 1949.

The- new grades and scales of increment which we have laid down shall not in any way affect the scheme of special increments, if any, to those ot the em- ployees who pass one or other ot the examinations of the Chartered Insurance Institute, A1J the five companies are paying the clerical staff dearness allow- ance, according to the scheme and scales of the Bengal Chamber of Commerce. This shall continue.

For the Subordinate Staff —Our idea is that the total emoluments for a member of the subordinate staff should not be less than Ea. 60, out of whioh afl least Es. 80 shall be basic salary. In Iho Caledonian Insurance Company and the Century Insurance Co , Ltd , there are 8 menials, the basic salary of whom varies from Es, 27 to Ils 89 Thev are however paid dearness allowance, according to the Bengal Chamber of Commerce Scale. In the Phoenix Assurance Co., Ltd., young boys are engaged with a starting salary of Es. 18 and the maximum for old bearers is Us, 85, In the North British and Mercantile Insurance Company, Ltd., the minimum is Es. 20, The Scottish' Union and National Insurance Company however adopted the Bengal Chamber of Commerco scales, as they stood prior to the award. The terms are as follows •

Peons' basis salary—Es. 25—1—35E.B.—1—45. Duftary's basic salary—Es. 56. Motor Driver's basic salary—Es. 55.

About dearness allowance, four of the Companies aro paying the subordinate staff, according to the "Bengal Chamber of Commerce Scheme. Only Phoenix Assurance Co., Ltd., pays Es. 50 as dearness allowance to the senior peon* and Es. 26 to the juniors.

Our award in respect of the subordinate staff is:

(I) Caledonian Insurance Company and Central Insurance Co.—The scales shall be Es. 30—1—40. Those who are aj> present' getting less than Es. 80 shall be pulled up to Es. SO. All shall ge-fi dearnesK allowance at the Bengal Chamber of Commerce soaks.

(2) North British and Mercantile Insurance Co., Ltd.—The existing, minimum and maximum salary shall be increased by EH. 10 and lor a proper adjustment of the existing staff to the revised scales each and every member shall be given a flat increment of Es. 10, with the corresponding reduction of the dearness allowance, from the Bengal Chamber of Commerce Scale without disturbing th© total emoluments.

(8) Phoenix. Assurance Go., Lid—The existing grades and scales shall' continue with these modifications that the minimum starting salary shall be Es. 80 for the adults and for those who are below 18 years of age, the scales shall be reduced by one-fourth. There are only five persoDs getting less than, Es. 30 as basic salary.. One of whom, Sarjumukhi is a part-time employee. The other four persons tire said to be mere boys. If they aro really over 19- years of age, their basic salary shall be raised to, Es. 30 on proof of their age to the satisfaction of the Manager by production of an extract of tbo Birth Register or horoscope, if any, or otherwise. The Manager's decision shall be final on this point. We do not propose to filter the basic salary and dearneas allowance, of Sarju- mukhi. A. S. Khan who is a Duftry is getting Es. 25 as basio salary and EB. 35 as dearness allowance. His basic salary shall be raised to Es. ,'JO with a corresponding reduction in his existing dearnesB allowance, or in other words he will got Es. 80 as- dearness allowance. We do not propose to interfere with the- existing practice of paying dearness allowance except that for an employee 18 years of age or over it shall not be less, than Es. 80v and that of an employee below 18 shall be Es. 22-8-0.

(4) Scottish Union and National lnmirancr Company.—At present there is only one man below Es. 30. He is to be pulled up to Es.. 80 and for this one man, the Manager does not like to reduce the dearness allowance. All members of the existing subordinate staffi shall get dearness allowance at the Bengal Chamber of Commerce¹ Scales. For the future entrants to the Peon's grade, the scale shall be Its. 30—1—35KB.—1^10 and for future entrants of this grade the dearnasa allowance shall be reducod by Es. 5. Wa do not interfere with tho grades for duftrios and motor-drivers.

Retiring age and retlral benefits

wifch the exception ot the inan who entered the Company's servioe in 1927,., All members of the staff get benefit oi the provident fund either from the date of their appointment or soon after their appointment. For the man who entered ,the Company's service in 1927, we do not propose to make any alterations in the Company's scheme about retirement benefits; for, each and every schema cannot be projected 20 years back or so. In view of the fact that these iwo companies have been giving a guaranteed interest of 0 per cent-, with half-yearly jest, we do not propose to increase the raje oi monthly contribution. 16 years' service has been fixed as the minimum quuhfying service for an employee to be entitled to the entire contribution of the employer^ We recommend that this should be reduced to 10 years. And we hope that ibe Company wil] consider our recommendations^ This rule shall apply to the clerical and tubordinate stair.

North British and Mercantile Insurance Co., Lid.—The company have got a gratuity scheme for the clerical and subordinate staff. We make the following -changes.

(1] It shall not be discretionary but obligatory, except when the employee JB guilty of groaa misconduct,.

(2) The entire gratuity money shall be payable after 10 years of service hi the following oircumstanoes:

(a) retirement due to old age; (b) invalidation due to ill-health, certified by company's doctor; and

(o) retrenchment without tiny misconduct on the part of the employee.

(3) The entire gratuity money shall be payable to the, heira of the employee in oase of death after 10 years of service!

Cases for dismissal for misconduct, voluntary resignation and other cases not covered by this award shall be at the discretion of the company. This rule shall apply to the clerical and subordinate staffs Phoenix Assurance Company, Limited.—At present pension is given to the -employees at the discretion of the Company, although the company has no jpenBion fund. Wo substitute the pension scheme by the following retiral ^benefits.

(1) A Contributory Provident Fund shall be started with contribution on either side at 10 per cent, of the salary for a member of the clerical staff and with 6£ per cent, contribution for a member oi the subordinate staff.

(2) For the period before inauguration of the provident fund, the company shall pay gratuity to the members of the clerical Btaff at the rate of a month's pay for every year of service and for a member of the subordinate staff at the rate of 15 days' pay for each year of service. For calculation of the gratuity, the pay of the employee just before the date on which this award comes into operation shall be taken into account. The company shall draw the provident fund rules in consultation with the union. The main features shall be—

(A) that the employer's contribution shall be payable fo the employee in whatever way his service may terminate;

(B) the employer's contribution shall be paid, according to the follow- ing principles:

(a) If any subscriber resigns or leaves his employment at his own request otherwise than by reason of superannuation, or on inedicul grounds or on the ground of age, deduction, according

to the scales specified below shall be made from the amount paid into the subscriber's account by the employer (including interest accrued to the employer's contribution).

(i) Subscribers lens than 10 years' standing—-100 per oenl!1 (ii) Subscribers of 10 years' but less than 15 years' standing—' 60 per cent.

(iii) Subscribers of 15 years' but less than 20 years' standing—

25 per cent.

(iv) Subscribers of 20 years standing or mo

(b) If any subscriber be dismissed for serious misconduct, the Company will have the discretion to withhold the entire con- tribution of the company with interest.

(c) Tn case oi death or retirement due to old age or ill-health (fo he certified by the Company's doctor) or retrenchment, 10 yearg' service shall be the minimum qualifying service for the entfw- of the Company's contribution. And deduction shall be mado according to the following scales:

(i) Subscribers less thun 8 years' standing—100 %. (ii) Subscriber of ',] years but less than 6 years' standing—50 %. (iii) Subscribers of 0 years but less than 10 yeans' standing—25 %• (iv) Subscribers of 10 years' standing or more—Nil.

The amount of gratuity which is to be paid to the employee for th* period prior to the inauguration of the Provident Fund shall bo held by the Company and shall be payable to the employee along with Provident Fund money under circumstances similar to those under which the employee is entitled to the whole or part of the employer's contribution.

Scottish Union and National Insurance Company.—The present pension Boheme shall be continued but the age of retirement is reduced to 55. The subordinate staff shall also come under this scheme. The employees shall also be admitted to the Staff Life Assurance Scheme as detailed in the Schedule,

Bonus: Past, Present and Future

It appears that all the four companies had been paying bonus in the pasti and we are assured that they have no contemplation to discontinue it. We accordingly keep the question outside adjudication.

Canteen, Tiffin, Accommodation allowance, Children Education facilities and;

Medical Aid

The demands of the Union on these points are disallowed

Working Hours and Overtime

The existing practice shall continue.

Holidays

All holidays tinder the Negotiable Act shall be given

LMVO

For the Culendonian 'Insurance Co , Century Insurance Company Ltd.. North British and Mercantile Insurance Co., Ltd., and the Scottish Union and National Insurance Company, the existing practice shall continue^

T'or the Phoenix Assurance Co., Ltd., at the desire of the parties, this point is left outside adjudication to be hettled by the parties themselves by mutual co-operation. The motor-car driver pays for the substitute when he goes on leave. Ho should be allowed leasouabJe leave tor which tho Company shall pay the substitute.

Travelling Allowance

Beaaonable travelling allowance shall be paid to the employees when travell- ing is performed in connection with duty. The demand for travelling allowance on leave is disallowed.

Service Conditions: Probation, Oinflrmation, Service record, Enquiry beforo

punishment, Dismissal, Discharge, Retrenchment or other Punishments,

Retiring age, Recruitment Eules, Promotion Transfer and Recognition of the

Unions

We lay down some rules on these points which will be found in Schedule %, This shall form part of our award and shall be binding on the parties Lto it\, Uniforms and Umbrellas for menials

Uniforms and umbrellas for outdoor works shall be supplied to the menials.

(So.) A. DAS GUPTA,

Chairman:

22nd April, 1949

(BD.) 8. 0. CH\KKABAKTTY,

Member.

22nd April, 1049.

SCHEDULE A Oalledonlan Insurance Company & Century Insurance Oo.

Retiring Benefit's.—We have in force a Provident Fund wbioh was fctated on the 1st July 1932, contributions to which are paid by both parties at 8J per cent, of the monthly salary, and by which a contributor is entitled ff> payment of the full amount standing to the credit of his account after a service of not less than 15 years. Interest at 5 per cent. Is oredited half-yearly. The Provident Fund was also extended to include all subordinate staff in January 1937.

The Provident Fund is India-wide and does not only apply to Caloutta. We have no fixed gratuities on retirement owing to ill-health, but each in- dividual case is given careful consideration, and this also applies to extension - of sick leave ovei and above the normal terras as laid down under item 10.

SCHEDULE A-l

North Brltieh and Mercantile Insurance Co., Ltd.

Retiral BenefitR.—(a) It is the general practice and intention of this Company to pay gratuities on retirement, agreed to by the Company on account of age or ill-health, after completion of a minimum of 15 years' service, on the basis of one month's salary for each completed year of service at the rate of lasli salary immediately prior to retirement but our Head office retain the formal reservation that any such payment is at the discretion of the Directors.

(b) Further it is the custom and intention of the Company to pay to widows of employees dying whilst in the Company's service after completion of the

minimum qualifying period of 15 years, a gratuity of 2/Srds of 'the gratuity which would have been payable in the event of retirement of the enipl&yee at thnt time subject to the same formal reservation as to the right of the Directors. It will be recognised that there is no justification for paying the full amount to a widow, as the object of the gratuity is to provide for the old age of the employee himself and hia immediate dependents and if, owing to his death, no such provision is required for the employee himself, It is only logical that the amount payable to his widow should be less than would otherwise accrue.

(c) If resignation on the grounds of ill-health, an omployee who has com- pleted the minimum qualifying period of 15 years' service would ordinarily receive the grutuity mentioned in para. (a).

(d) Staff Insurance Scheme.— The Company has in existence a ppecial scheme of Staff Life Insurance at reduced rates of which the clerical staff can avail themselves. Particulars of the scheme • have been lodged with the Superintendent of Insurance.

SCHEDULE A-2

Phoenix Assurance Oo.

Retiring benefit.—No Piovident Fund, Pension—an average of 50 per cent,

of last year's pay at age 55 and after 80 years' service Is given.

If age is 55 but service is less than 30 years but more than 20 years the pension will be proportionate.

For retirement at age and service below 55 and 20 years respectively for satisfactory reasons Gratuity according to D.C.

SCHEDULE A-8

Scottish Union and National Insurance Company

Retiring benefits.—A pension scheme has been introduced by the Company •knA the terms are given below. "The entire coflt is borne by the Company and the employees make no contribution to the Soheme,

1. When and so soon as a servant of the Company attains the age of 60 years, ho shall retire from active service upon the conditions hereinafter referred to. The Directors may, however, without giving any reasons, require any servant to retire at ari earlier iige than 60, and may grant him a retiring allowance under this scheme. And, on the other hand, with the concurrence of the individual, they may continue his active services beyond the age men- tioned. No servant dismissed shall benefit under this Scheme,

2. No servant shall receive a retiring allowance until he attains the age of 60 (under the exception specified in Clause ]), and in TIO case, save under special resolution of the Board, shall any servant who has no/t been for at least fifteen years in the servico of the Company receive a retiring allowance. For the pur- pose of reckoning the length of service with the Company, credit will be given ior one-half hte time during which the servant concerned may have been in the employment of any other Insurance Company or Insurance Companies.

3. The retiring allowance shall be calculated on the basis of, for each completed year of service, one-sixtieth of the average fixed salary for tho three years immediately preceding retirement, not including fees or over-riding com- missions ov other extra allowance of any kind, but in no case shall more than two-third* of the said average salary be granted as a retiring allowance.

4. Eetiring allowances shall be strictly alimentary, and shall not be subject at any time to assignment or attachment in any way whatever.

6. No retiring allowance will be payable to any servant who shall be or become engaged in any occupation for profit "outside of the Company's business without the special sanction of the Directors, and should the nervlce of another Insurance Company bo entered the allowance shall immediately be forfeited.

6. Eetiring allowances shall be granted and continued entirely at Jhe plea- sure of the Directors, and may be modified or withdrawn by them at any time. They shall cense immediately on the death of the retired servants

Proposed staff Life Assurance 8ohcme.—A whole lAfo Assurance payable at death and with premiums ceasing at age 55 years. One half of the pre- mium to be paid by the Company so long as the employee is in the Company'* service or on pension from the Company.

Clerical Staff—

Assurance for

where the annual bnio ""l"ry in

R". 2,000

Rs. S.500

Re. 1,000 or undpr R". 1,001 upto it

R". 1500 Tt

R*. 1,501 upto

KB. 3000

••

Ri. 2000

Rs. 2001 upto

It

Rs. 8600

KB. 2500

RH. 4000

RB. 2501 upto

tr

-

R". 3000

RM. 0000

• *

R". 3001 and upwards.

Subordinate Staff excluding Motor Car Driver.—Assurance for Es. 1,000. In the event of a member of the existing olerioal staff not being eligible on medical grounds to be included in the Scheme, one-half of the sum assured ac- cording to | the above scale will be paid by the Company on his death without payment of any premiums by such member. Assurances will be increased in accordance with the above scale when basic salaries are increased subject, how- ever, to continuation of good health. If an additional assurance cannot be granted to a member of the clerical staff on medical grounds, the Company will pay on his death one-half of such benefit which ihe member has failed to obtain by a Staff Life Policy. In such an event no premium ia payable by the member of the Staff.

If subordinate staff, a3 mentioned above, are not eligible for Life Assurance on medioal or other grounds the Company will pay on their death during service or pension from the Company one-half or the benefit stated for sub-< ordinate staff.

The Company will issue detailed rules for the application of the Staff Life Assurance Scheme, and these will conform to the principles observed by the- Company in other countries where similar Sohemes arc in force.

SCHEDULE 'B¹ Issue No. 12—Service conditions

(a) Probation and confirmation.—Tt is awarded that the period o{ probation shall not exceed fl months though confirmation may be made earlier if the candidate is found suitable.

(b) Service recorrf.—We award that setwice lerords be maintained and that adverse remarks shall be incorporated after giving the person an opportunity of explaining his conduct.

(c) Enquiry before punishment: And

Issue Ho. 14—Dismissal, discharge and retrenchment or other punishments.

In case ot retrenchment, the principle of ' lauL come, Xlrst go" thall bo apfffi- od. Jixceptiona maj bo made in cusc ol prisons VVHIL cxcepCiouul abihtiew.

Now comet, the question about disnu->bi.il and puinhhinont. 'Ilio oinployoi has no doubt the right ot punishing an employee but we frame the following rules which must precede any punishment.

The nrsli thing to be dome is Unit a charge shall bo trained and the person proceeded against shall be furnished with a copy of the charge and the iuets on which tins is based. The person proceeded against shall aubinit his explana-' tion. llieu a future date should be hxud foi¹ Llib uiattov to be enquired into. If the person proceeded against is tound innocent, the mutter ends. * It, bow- ever, he is found guilty, tho employee concerned shall be supplied with a copy oi the findings and the punishment proposed to be imposed. The employee will got "ii opportunity again to plead about tho punishment only at Uijs stage. 11 Jjho Enquiring Onioer linnsell ib competent to inflict punishment on the person proceeded against, ho will hour his pleadings and order what he thinks best. If the Enquiring Officer is anybody other than the Head of ihe Ooaeern at Calcutta, an appeal shall lie with him withm seven days of the conunutdoa- Uon of the order punishing the employee. In case tho Enquiring Officer is not oompotent to infliot punishment, he will forward the proceedings to the authority competent to punish and thai authority will hear the person again and Jjheji pass orders, il that authority be other than the i^ead of the Concern at Calcutta, an appeal shall lie likewise vnili the Head ot the Concern at Calcutta- In all cases where tho proposed punishment is discharge or dismissal tho papers must be laid before the Head of the Concern at Calcutta who will hear the person proceeded against and then pass orders. The clerk proceeded against shall have always the right to be defended by any other employee or by any other retired employee. These are clomostio matters and bringing outside agencies is not helpful to the person pioceeded against. A#y outsider m,uy deiend a person proceeded against with the permission of the enquiring Officer-'

We hope that the rules framed by us will remove apprehensions about abrupt termination of services and will give to the employee a sense of security whioh is essential for effioient working.

(d) Hetinng age.-—We decide that a in iu bhuli retiie on completing 65 yeaib. "We do not ievour extension of services, thereby blocking the way for younger people to get employments. In exceptional cases where both the employer and the employee agree, extension of services may be granted.

Issue No 13.—Recruitment Rules: Recruitment, Promotion and Transfer

Transfer means allocation oi different work. The federation wants that there should not be any such transfer. "We feel however that transfer of tables is necessary for two purposes: (1) to make a particular clerk know work of the various departments; und ('2) for stock taking ol arrears of any one particular clerk working in a department for a sufficiently long period.

We do not approve of the idea that recruitments should be done through the Union or the federation. The employer will select l\is ow*u men.

Recruitment,—(i) Other things being equal, pioference should be given to relations of employees, retired or iu service Between relations of employees, the appointment shall go to the more qualified.

(ii) Preference should bo given to retrenched employees, if qualified.

(iii) In the matter of appointment to the higher grades oi clerk, pt-omotion from lower grade bhall bo tho rule. Only in exceptional canes, recruitment may be made from outside.

•Then coin.. 8 the question of promotion from the clerical grade to tho Officer's ^rade. Wo award that there should be no bur to promotion from clerical grade to the Offioer's grade OJ" from subordinate staff to clerical grade. As selection rauat depend on the managemeyiL, wo cannot dictate that a certain percentage or a certain number of clerks must bo promoted to the Officer's grade. This must depend on suitability according to the standard of the man- agement. We, however, like to vomind that wucb promotions do clmngo the outlook of the olerk and are conducive to more efficient work by the clerical staff.

lAAue No. 17.—Recognition of the Unions aa also Jurisdiction of the Tribunal

to order for recognition.

Recognition of the Union is not a condition of servioe and is not an indus- trial dispute within the meaning of Industrial Disputes Act. Labour Coui'tn are going to be established aoon and it will be the busineus of thftt Court to order for leeognition of the "Unions.

In the matter 'of roferenco No. 185(Lab.) Government of West Bangui, dated tjie 17th January, 1948, and la the matter of industrial disputes between the employers and the clerical and subordinate staffs in the office of Union Insurance Society of Oanton Ltd,, (Serial No. 289 of list of the reference)

PRBBBNT

Sri Asufcosh Dan Gupta—Chairman,

tiri Bailesh Chandra Ohakrabartti—Member.

A tribunal was constituted by the Government of W"et Bonga. by order No. 185(Lab.), dated the 17th Januaty 1948, with Sri A-biitohli Das Guptu, ;IH Chairman and Sri B. C Obakrnbortti nnd Sri Sudhir Chandra Dutta Gupta an members, Sri Sudhir Chandra Dutta Gupta was absent, and his services having been no longer available, the cube was heard by the Chairman and the othci member present.

"For the Company

8ri S. K. Mallik (Jr.) oi M/s. Sanderson and Morgana, Solicitors, assisted by the local Manager of the Company.

1

Bri B. K. Chowdiyy, Oaunael, assiskd by tho office bearers of the Union,

AWABD

Fay and Deafness allowance

DeamesK Allowance is paid to all employees (both clerical and subordinate staffs) at the Bengal Chamber of Commerce Schema. The Company follow substantially tho grades recommended by (he Bengal Chamber of Commerce but allow better scales of increment for conscientious omployees. At present, the Oouipsnv have four clerical grades including tho Special Grad°. There aro three persons in the Special Grade, the first man gate Rs. 410 and the last man in the Grade gets RH, 266. iSimilarly, the last men io. the A, B, 0 Grftdep got ER. 175, Be. 155 and Us. 60, nnd the first men in these Grades get Bs. 270, Rs. 190 aud Es. J60, respectively. Among the member*, of the subordinate staff, the hint man guts ER. 25 while (he first man gets Es. 70. The Union does not press (or tmy interference. The existing schemes shall staijd.

BONUS

The only demand of the Union was for profit sharing bonus. This was subsequently abandoned through Sri N. De, Counsel. One month's salary has Ken pi lid as bonus during Pu-jn.s ns ex gratia payment and the Company have no intention to discontinue. Tn addition, last year, each employee was paid 10 per cent, of his salary as further bomiR for loyal services under instruction li.'in {ho Head Offiei oi the Company. In view of the assuiance of the Company, we leave the point outside adjudication.

Allowanco for housing, education and medical aid to dependants, canteen and tiffin

No such allowances paid. These are ex gratia matters and are hence left oiiNidp adjudication.

Retirement Benefits

Tho Company bad a S per cent, contributory provident fund whioh wna clo"( d in 10.1S end the employees' oontributiona were paid to them. Since then, nt'u'uuvit benefits have been at the discretion of tho Board of Directors ami Hi,' Company qay that tho discretion has been always generous.

The Company have however Rugge&tart the following scheme for members of Mufli the clerical and subordinate staffs: —

(i) For reliroment at 55 yearn after oontiplotin^ IM) yeava' service.

OM

For rPdirprnent before tlie age of 55 but after com- pletion of SO years' ser- vice (with Hooieh \ approval).

(iii) For retirement owinft to the, inciipaeity willi Hocifity\ conFwnit.

In oaeo of dcalb while in (iv)

fwrvice,

No pension for emplnyivs (v)

(a) 60 per cent, of average last a ysara' b&Bio salary.

(b). Lamp sum equal to &J. years' basic pay on date "f retire- ment,

(c) Society muy purchase an annuity equal to pension.

A pension equal to—

' year" of service x 50 per cent.

80

of average last ft yeara' basic salary,

(a) Tor ,"{ years' service but below 10 years' service ... \ month's pay each year, (b) TW 10 years' service or over ... 1 month's pew each yenr.

fa) Bolow 3 years' service ... Nil. (b) For 3 years' service bub below 10 years' service ... 1 year's basic salary,

(c.) "For 10 years' servioe but below 20 years' service ... ]\ years' basic salary,

(d) For 20 years' service but below !J0 years' servioo ... 2^ years' basic salary?

(a) Dismissed, (b) Of less than 20 years' service on voluntary resignation.

\n I'lMjilovi-e ,'onmi!.' u n d i 'r \W --chrine (i) is to s l u te at Hie l i me ot r e t i re HUMII v\liifli of (lie nHeriiiiiivt'B (n), (1)) or (c) ho w o u ld e l e c t.

We had a long dismission on the scheme. Somo alternations suggested by the Union 1hi-o.ugh us were ngteed to by the local Manager. Wi' uceordmgly r"C!it,t the Nclvms as follows:

(a) ,i(l per cent/ of the average S fi)

A'¹ ITS' basie salary.

For retirement- ut 1 lit* ,ige of fii) uHer cuinpli I ion ot • M) yeais' son ice

Or

(b) Lurnpsurn equal to 5 years' basic pay on the (Into of retirement.

Or

fe) Society may purehrme an annuity

equal to pension

(ii) 1

(u) A pension equal to—

years of service x 50 per cent.

80

For retirement before the age of fifi but after com- pletion, of BO years' service.

of the average last 8 years' basic salary (not exceeding 50 per eent, of the average last B years' basic salary)

,_. T Length of Servliice J(^>) Lumpsum r= ^

x & years' basic salary (not exceeding 5 years' basic salary).

An employee coming under scheme (i) or (ii) Will state at mo (ime of retire- ment whiMi of the jil+ernative schemes he would elect.

Luoapaum equivuledt to lonth of service X

80

If years h.'isio salary at th,o time of

termination of eervjoo (not .. n (iii) "For wlirament owing to incapacity (certified by Society's doctor) with Society'H conpcnis for letrpn clime ill and for termina- tion of service by denth.

5 yoars basio salary).

(iv) No pension for employees diamissed for misconduct ind f^r employees vohmtfirilv >c=;igning before eo.inpletion of 20 years' service.

This scheme shall be introduced wiihin a month from the date o[ public/ition ol the award

Service conditions

(a) Probation and ronliri"(itinn —It is snvnrded that the period of probation '-hall not cxi-n-ed fi montht, lhf>u"h confirrnntion may bo made eailier if the candidate is foiiud suitable.

(b) Service morel—We MVI art! tint servici rccoids be maintained mid (hat adverse reiri-uict shall be incorporiited after giving the person m upporti uity of explaining IIM conduct.

(u) Engiiirif befon punishment, and Diimisial, diuhaigc and leirenchmenl or other finniihtnents.—Tn ( we i.f lotrcnchinent, tlij; pririfiple of "last come, first g o" sluill b,e applied. Exoepiions may be m"dn in case of jiersons with excepiiionnl abilities.

Now comes the 'liiestion ahonl (lisinish-'tl ntnl oiniishmcut. The oniplo>er (IHR no doubt Ihe right of puniRhing an employee but we fr.iine tne following v\]e<^ which muRl precodo any punishment:

Tli<> first Ihing to be done is that a charge shull he fram. d nnid 1he peunou proceeded ngninst shall be furnished with, a copy -if the charge and the facts on which this w b;><;od The person proceeded agfii'ist shell submit ills explanation. Then a future date shouM be fixed

for the matter to be enquired into. If the ^erson proceeded against is found innocent, the matter ends. If however, he is found guilty, the employee concerned shall be supplied with a copy of the find'ncs and the muii^tipient proposed to be imposed. The employee will get an opportunity again to plead about the punish- ment only at this stage. If the Enquiring Officer himself i,-, com- petent to inflict punishment on the person proceeded against, he will hear his pleadings and order what he thinks best. If the p]nquiring Officer is anybody other than the^Head of the Concern at Calcutta, an appeal shall lie with him within seven da\& of the communication of the order punishing the employee. In ease the Enquiring Officer is not competent to inflict punishment, he will forward the proceedings to the authority competjnt to punisL and that authority will hear the person again and then pass orders. If that authority be other than the-Head of the Concern at Calcutta, an appeal shall lie likewise with the Head of the Oontern at Calcutta Tn ill f)=<>s whor° H-p proposed punishment is discharged or dismissal the papers must be laid before the Hcid of the Con- cern at Calcutta who will hear the" person proceeded against and then pass orders. The clerk proceeded against shall have always the right to be defended by anv oth<>r employees or by any other id tired employee. These are domestic matters and I ringing out- side agencies is not helpful to the person proce°d^d aghinfrf. Any outsider may defend a person proceeded against with the peimission of the Enquiring Officer.

W*¹ hope that the rules framed ~bv us will remove apprehensions about abrupt termination of services and will give to the emplovee n sense of security which is essential for efficient working.

(d) Retiring age.—We decide tbaf a man <.hatl n tire on completing 55 year's We do not favour extension of services, thereby blocking the way for younger people to get employments. In exceptional cases where both the employer and the employee agree, extension of services may be granted.

Recruitments Rules, Recruitment, Promotion and Transfer.

Transfei means allocation of different work The Federation wants that there should rot be any sugb transfer. We feel, however, that transfer of tabbs is necessary for two purposes:

(1) to make a particular cleric know work n[ the various departments; and

(2) for stock taking of arrears of am particular clerk working in a depart- ment for a sufficiently long period

We do not approve of the idea that rec-ui+rrcnts should be done through the Union or the Federation The Employ r will select his own men.

Recruitment

(i) Other things being equal, preference should be given to relations of employees, retired or in service. Between relations of employees, the appointment slnl]

(ii) Preference should be gi^en to retrenched employees, _ if qualified, (iii) In the matter of appoi; hnprt to the highe/- grades of clerk, promo- tion from lower grade shoJl be the rule. Only in exceptional cases, recruitment may be nide from outside

Then comes the question of piomotion from the clerical grade to officer's orade We award that ther.- should bo no bar to promotion from eli rical grade to the OfficerV grade or from subordinate staff to clerical "rade. A> selection

must depend on the management, we cannot dictate thut a certain percentage or a, certain number of clerks mu I be promoted to tho Officer's grade. 'HUH must depend on suitability according do the stimdmd of the mauj<_;emrtnl We, however, like to remind that such promotions do change Ihe outlook o{ the cleric and are conducive to more efficient work by the clerical staff.

Recognition ol the Unions as also Jurisdiction oj the Tribunal to order tor

Recognition.

"Recognition of the Union is no I, a condition of new ice iind it not HI indus- trial dispute within the meaning of Jnduwtria) Disputes Act. Labour Courts aie going to be established soon and il will bo the business of that Court to oidei for recognition of the UnionR.

Medical Allowance to Employee

At Honiety's discretion, oeifiam medienl expenses -Art* paid sueh as:

(a) doctor's charges for visit*. (b) Hospital fees, operation fees.

(c) Typhoid, BinrtJl pox innoc'tilahons.

(Bpecial medicines not pavabJe. \Vi" do not pwwpope 1o anlto'^a upon 11K¹ existing schema).

Working hours

Wffckdtnyfl W-ttt) *o 5.00 (1 hewn'a rwwws) Bwturdtoyn B-BG to 1.80 (no HUBBR)

The Union prayed for reduction of the doily spread over by reducing the rncesg period. But tho Conipany wliich had a Inrpe Re-insurance busiuesK lins to keop its office open for sometime both before and afier the unual office b. urn of the insurance companies for informations. In view of the practical difficulty, in the office buKine% of the company, we do not propose to interfere.

Holidays

AH public holidays (under the Negotiable TriBiruments Aet).

Overtime

14 days "

21 days J- "•* ⁰^u l° t i ve 28 day*

n. Casual J;eave.—At Society *, discveiion which i" sai'd lo l'.ivi¹ been generous.

, .

C. Stole Tidaoe.— On lecomm^ndntion of Rorietv'F, medical advisi'v MI BooifttyV discretion, The Union doex not press for any nllcrjlion The existing lowve J'>il""; shall slimd.

U n i f o r ms s h a ll be s u p p l i ed io tin- mcni-ils >• y ! H ; I M -, d n r w mn ed- nnd also iimbt'iullnh foj outdooi- worl-s

Travelling Allowance

1 levelling ullowonoo shall be pajd Cor joumuy w\ duty but Ao* for journey on leave.

A. T. DAS GUPTA, The WMh April, 1949.

Gh&irman,.

3 C. OHAKEAVABTy, The 'Mh April, 1949.

MembtT.

The ttrd September, 1949

K. N. SUBBAMANIAJT,

Joint Secretary to the Q&vernmant of India,

PUBUSHUD BY THJB MAKAOBIL OT PUBUCArlONB, DELHI, INIWA.

PlllNTKD DT THI MANAUUl, O O V E B J I M R NI OS TNDIA PBB88, N"W DELHI, INDIA.