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REGISTERED No. D.(D.)-72

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 147] NEW DELHI, WEDNESDAY, AUGUST 17, I977/8RAVANA 16, 1899

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF SHIPPING AND TRANSPORT

(Transport Wing)

RESOLUTION

New Delhi, the 17th August 1977

No. LWR-2O|77-D II.—By their Resolution No PLO|94[74. dated the 11th December, 1974, the Government of India set up a Wage Revision Committee for port and Dock Workers at the Major Ports, with the following composition and terms of reference:

COMPOSITION

Chairman

1. Shri B N Lokur, Retired Judge of Allahabad High Court, New Delhi,

Members

2 Shri T. S. Sankaran, Joint Secretary, (now. Additional Secretary), Ministry of Labour, Government of India, New Delhi

3 Dr B V Mehta, Professor and Head of Department of Economics, South Gujarat University, Surat

TERMS OF REFERENCE

(a) The Committee will be required to enquire into and recommend as to what revision is necessary in the existing "wage structure" of the "Employees" specified in sub-para (d) below.

(785)

(b) In making vheir recommendations, tire Committee will have regard, among other relevant factors, to the following¹—

(i) The obligation of Port and Dock Undertakings to provide adequate and efficient Port and Dock facilities at a reasonable cost;

(H) the capacity of Port authorities and Dock Labour Boards to pav the wage bill, keeping in view thp character of the Port transport industry;

(iii) the need for uniformity in the rates of emoluments and benefits of employees doing similar jobs at various major ports,

(IV) the total monetary accrual to the workers, Inclusive of basic wage, allowances, payments of ex-gratla, etc;

(v) duties and responsibilities of various posts, including the skills and hazard" involved;

fvi) the need for adjusting wage differentials in such a manner as to pro- vide Incentive to workers for advancing their skills;

(vii) the economic conditions in the country, and all other factors;

(viii) the requirements of social justice; and

(ix) extending the system of payment by results; t e. linking wages to output.

Explanation—In applying the system of payment bv results, the Committee shall keep in view the nepH for flxinf a minimum (fall-back) wage and also to safe-guard against overwork and undue speed.

(c) Keeping in view the existing level of wages and variations in dearness allowance from time to time us per the formula pyolved bv thp Central Wage Board for Port and Dock Workers, 1969, the Committee will submit its recom- mendations regarding demand for relief of an interim character within three months from the date the Committee start-* its work In the event of the Com- mittee advising any interim relief the date from which this relief should take effect will be indicated by the Committee

(d) The term "wage structure" as mentionpd above wou^ include pav. spe- cial pay and allowances.

The term "Emr/lnveps" mpntinnpri \r, inh-nnra (a) above will covor the fol- lowing, excluding Class I and Class II Officers-—

(i) persons employed bv th" major port trusts of Bombay. Madras Visa- khapatnam ' Cochin Moraiu^o Knndla and Paradio and the Com- missioners for the Port of Calcutta;

(ii) persons employed bv the Dock Labour Board* anrl thpir Administra- tive Bodies at Bombay, Calcutta, Madras, Visakh'apatnam, Cochin, Mormugao and Kandla; and

(iii) persons covered under the *chedul">fl of various sch^mf; turned under the Dock Workers (Regulation of Employment) Act, 1148

(e) The Committee mav also look Into 1he rases of such other categories of worker* covered bv thp Central Wnc" Kn^s tnr TW ,„,* Dn^k Workers 1969, but not included herein if und when referred to bv the Ministry of Labour on rt"ppiT)t of rpnuests on heVialf "* th""" ™+o^r,-<.s quprr references to the Com- mittee will be made by the Ministry of Labour only.

Tn pursuance to nnra 3O) of the terms of reference the Ministry of Labour bv thpir Rpsolution No V-24027(5)/74-WB dated the 17th June 1975 renuentPd thp CommittPP "t" irclurlp within its n"rrifw -ill pntpffnrlPo of workers who w-P rP coverpd bv the recommendations of the Cpntral Waee Board for Port and Dock Workers, exepnting those to whom wage inprpqse^ bflvp be"n irivpn or who'-" t J HV sraies/wase structures have been revised under any arrangement outside the framework of the Wage Board's recommendations."

- 2. The Committee submitted a Report on 15th January, 1976 regarding the grant of interim relief. On the basis of this Report orders were issued by the Ministry of Shipping and Transport vide its letter No. FLO/9/75 dated the 26th February, 1975 for the grant of interim relief at the following rates:—

(0 the pnod 1-1-1974 to 5-7-1974 A lump sum of Rs. 120/-

00 Fo e period 6-7-19741031-12-1974, Alumpium ofRs. 180/-

(111; With cctfrom 1-1-1973. Rs 50/- par month till the implementation ot the recommendations of the Wage Revision Committee.

The orders also provided for the rates at which payments of interim relief should be made to daily paid time-rated and piece-rated workers and also about the manner in which these payments would be treated. The Committee sub- mitted a similar Report On 9th August, 1975 in respect of the categories brought within its purview by the Ministry of Labour. Orders were Issued by tha Ministry of Labour in its Resolution No V-24027(5)|74-WB, dated 17th December, 1975 accepting the Committee's Report.

3 The Committee submitted its final Report to the Government of India on 24th January, 1977 The Summary of Conclusions and Recommendations of the Committee is contained at pages 203 to 224 of the printed copy of its Report.

4. The recommendations of the Committee were discussed with the All India Port and Dock Workers Federation, the Indian National Port and Dock Workers Federation, the Port, Dock and Waterfront Workers Federation of India, the Water Transport Workers Federation of India and the Federation of Associa- tions of Stevedors during the months of April and May, 1977 Further dis- cussions were held with the representatives of the f °ur federations of Port and Dock Workers In June and July, 1977. Aa a result, It was agreed in a Settle- •ment signed on 14th July, 1977 to implement the recommendations of the Wage Revision Committee with effect from 1-1-1974 subject to certain modifications and conditions.

5 The Government of India have now decided to accept tho recommenda- tions of the Wage Revision Committee for Port and Dock Workers and to unple-" ment them from 1st January, 1974 subject to the following:—

(a) Fixed dearness allowance will be paid at the following rates'—

Fixed Dearness Allowance per meniem

with effect from

Bane pay in the Revised Scale.

1-1-1977 onwards.

1-1-1974W 31-12-1976

Rs

Ri

5 00 10 00 12 50 15 00 17 50 20 00 22 50 25 00 17 50 30 00 32 50 35 00 37 50 40 00 42 50 45 00

Rs. 40 00 45 00 47 50 50 00 52 50 55.00 57 50 60 00 62 50 65 00 67 50 70 00 72 50 75 00 77 50 Ro 00

325—346 347—366 367—376 377—386 387—396 397—464 465—475 476—487 488—498 499—594 595—729 730—745 746—761 762—777 778—793 794—1200

(b) Variable Dearness Allowance will be paid for variations in All India

Consumer Price Index Number above 250 of the 19G0 series at a flat rate of Rs 1 30 per point at all levels of pay with effect from 1-1-1B74.

(c) Review of the vanable Dearness Allowance will be made quarterly on the basis recommended by the Wage Revision Committee but it will be done for a change 01 every point in tne quarterly aveiage.

(d) In case the quarteily average of All India Consumer P n ce Index Number (I860 seiies) crosses 36*!, the formula for the grant of vari- able Dearness Allowance aa per this Resolution would be reviewed

(e) In case the Government revises its pohcy on the neutralization per point in the Public Sector Undei takings where the rate of Rs 130 per point applies at piesent, the revised rate would be rqade applic- able to poit and dock woikera also.

(f) The ceiling of Rs 100 for the total of compensatory amount and fit- ment money for those drawing above Rs 300 basic in the existing scale as on 1-1-3H74, mentioned in paia 7 29(c) of the Wage Revi- sion Committee's Report will bo waiyed

(g) Where a worker gets fitted in the levised scale at a notional stage beyond the maximum, the excess though treated as Personal Pay would not be adjusted against future increments

(h) The pay of an employee whp within the period from the 2nd January 1974 to the 15th August, 1977 moves into the next higher slab of fixed Dearness Allowance under the Wage Board formula, will be refixed from such date in the revised scale in such a manner that his pay in the revised scale on that date is the same as would be allowed on 1-1-74 to another employee dialing the same pay m the existing scale on 1-1-1974 He will also be allowed to draw arrears on the basis oi the pay in the revised scale fixed as on 1-1-1974 till the date of renxation

(i) Employees stagnating at or beyond the maximum of the revised scale would be entitled to one stagnation m<_iement once in two years subject to a maximum ol three such increments,

(j) If at any port a particular category of workers are not in receipt of House Rent Allowance and City Compensatory Allowance or are in receipt of House Rent Allowance and City Compensatory Allow- ance at a rate less than 16 per cent and 10 per cent respectively the provisions of Clause (IV) of para 7 29 (a) of the Wage Revision Committee's Report will apply in their case also

(k) Speciul pay wherever admissible at present will not be taken into account while fitting in the revised scale but would continue to be drawn extra subject to separate review, except in cases where the Wage Revision Committee has taken a special pay into account in deteimining a higher pay scale in which case the special pay would be taken into account while fitting an employee into the revised scale and discontinued thereafter Where any revision in the spe- cial pay and allowances is considered justified it will be given effect from 1-1-1974

(1) If on implementation of the Committee's recommendations, the emo- luments of any employee as on 17-1977 are less than the emolu- ments drawn by him according to the previous wage structure in- cluding interim relief, the difference would be treated as personal pay.

(ml Merely as a consequence of implementation of the recommendations of the Wage Revision Committee any facility, privilege, amenity, benefit monetary or otherwise, or concession to which an employee might be entitled by way of practice or usage shall not be with- drawn, reduced or curtailed except to the extent and manner as provided for In this Resolution

(n) In cases where on promotion the rate of increment in the promotion post admissible to an employee is lower than that he was drawing in the lower post, the difference between the two would be allowed

as personal pay until the rate of inclement in the promotion post becomes equal to or higher than that which would have been ad- missible to him but lor his promotion ihis personal pay would not be adjusted against future inciemenis,

(o) With effect irom 1-1-1974, annual increments would be allowed on the 1st of the month they fall due

(pj A review of the various payments by Results Schemes would be undertaken and these would bo revised and extended to oiher cate- gories to the extent necessary and feasible Such revision will be completed at. soon us possible and In any case not later than iU-3-1978

(qj The new wage structuie would remain in force till 31-12-1079

(r) Recovery of house rent shall be in accoi dance with the recommenda- tions of the Wage Revision Committee. Howevei, if this causes any hardship In case of certain categories of employees who have been drawing house rent allowance while occupying Fort or Dock Labour Board quarters, or who have been in receipt of house rent allow- ance at a rate higher than 16 per cent in lieu of rejit free accom- modation, or those who though entitled to rent free accommoda- tion as part of their conditions of seivice are not provided with quarters, this would be rectified.

(s) A committee which would include representatives of the Federations or any other suitable machinery tor expeditious disposal will be set up at Central level by Government to consider the cases of anoma- lies or discrepancies that may arise as a result of implementation of recommendations of the Wage Revision Committee as modified by this Resolution This Committee or Machinery will also look into demand relating to parity between the SKilled and ministerial scales, demand lor upward revision of scales for promotion posts where this happened to be lower than or equal to the scale of feeder posts, demand for notional increment to the dock workers, who had been stagnating at or beyond the maximum of their exist- ing scales for a numbei of years, und demand for liberalisation of incremental rates in the light of what is obtaining in public sector undertakings.

(t) During the currency of this wage settlement no fresh demand relat- ing to wages and allowances covered by the Wage Revision Com- mittee's Report will be raised by any Federation or its affiliates except to the extent provided for in this Resolution and those which are already pending adjudication.

(u) Arrears will also be paid on account of ex-gratia, overtime, leave salary and children education allowance All the arrears would be paid as early as possible but not later than two months. The arrears will be paid in cash but Federations would issue an appeal to their members to contribute at least 50 per cent to Provident Fund Ac- count or other saving schemes

6 In respect of items where the Wago Revision Committee has recommended thut these should he given effect from the date of issue of Government orders, these will be implemented from the date of this Resolution, except where speci- fically provided otherwise in para 5 above.

7 It has also been decided that In view of the liberalisation in thP rates of pay and allowances, Port Trust employees who are at present on Contributory Provident Fund/State Railway Provident Fund terms would be given another option to come over to the Pension Scheme, to bo exercised within a period oi three months from the date of this Resolution This would apply to those in service on the said date or who retired on or after 1-1-1974

8 In view of the changes to be brought about in the structure of pay and allowances as a result of the implementation of this Resolution, the monetary ceilings prescribed m different Rules and Regulations would be reviewed by each "Port Trust and Dock Labour Board so that the monetary ceilingi are revised suitably wherever necessary

9. Orders in regard to the workers and employees covered by the Ministry of Labour Resolution No V-24027(5)/74-WB, dated the 17th June, 1975 will be issued separately by that Ministry.

10. The Government of India wish to express their appreciation of the man- ner in which the Wage Revision Committee has dealt with the matters referred to it.

ORDER

Ordered that a copy of the Resolution be communicated to all concerned

Ordered also that the Resolution be published in the Gazette of India (Extra- ordinary) for general information.

B. B. MAHAJAN, Jt. Secy.

WONTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRE33, MINTO flOAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 77