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REGISTERED No. D. (D.N.)—72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 2] NEW DELHI, FRIDAY, JANUARY 1, 1982/PAUSA 11, 1903

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

compilation

7115 GI/81—1

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MINISTRY OF LABOUR

ORDER

New Delhi, the 1st January, 1982

S. O. 2(E).—Whereas an industri. 1 dispute exists between the employers in rel?t

And, whereas the said omplryers end workmen hf ve, by a written agreement in pursu"nce of the previsions cf the sub- section (1) of section 10A of the Industrie 1 Disputes Act, 1947 agreed to refer the said dispute to arbitration by the persons specified therein B nd fl copy of the sa id r greement hf s been nrde available to tbe Centre 1 Government.

Now, therefore, in pursuance of sub-Eecticn (3) cf Sec lien 10A of the said Act the Central Government hereby published the SB id Agreement.

AGREEMENT

(Under Section 10A of the Industrie 1 Disputes Act, 1947).

BETWEEN

Nemo of the Parties v

Representing employers : Cement Manufacturers' Asso- ciation, Express Building, Opp. Churchgfl te Rf ilwav Sta tionn Bomb' y-400020.

Representing workmen ; Indipn N'ticnrl Cement end Allied Workers' Federation, Mnzdocr Karyalaya, Con- gress House, Bombay-400004.

PREAMBLE •

Whereas the Indian N tional Cement and Allied Workers' Federation (hereinf fter referred to at the "INCAWF") by its letter No. HF 17/27/31/7 dctod 27th/31st July 1981 Fddrested to the Cement Manuffctuiers' Association (hereinf fter icfened to as "CMA") had served Notice cf its intention to tcimirr tc the Aw rd of the Boprd of Arbitration df ted 26th September 1978 Which Aw rd w s published in the Gi zotte c f Indif, PP rt II, Section 3, Sub-Section (ii) dated 21st October 1978 ficm page No. 2871 to 2929;

And Whereas the INCAWF lvd submitted a chriter of

dem nds dp ted 30th September 1981 to CMA under cover of its letter No. HF : 49/30/9 dated 30th September 1981 which chr rter of dem nds w> s amended by its subsequent letter Annex. No. HF : 17/30/10 dated 30th October 1981. Anrexed hereto is a copy of the Chr.rter cf Dem'nds dated 30-9-81 rs amended;

And where?s the parties hold nogotif tiens With i v,'tw to

i rrive e t a n amicable settlement ;

And Wherers on failure cf the negctirtions to rrrive ft an amicable settlement, the prrties hrvc fgieed to iefer the disputes, viz. the deminds raised by INCAWF (Annexuie) to 1157 GI/91—2

B-^rd of Arbitrftcrs under Sccticn 10-A of tile Industris 1 Disputes Act, 1947;

And where;) s ; ccording to CMA the Arbitrators should take into rccount,rraingst other matters, the general economic condition, flnanci; 1 resources rf the Cement Industiy, payirg capacity " nd level of productivity of tho constituent Units nd , ccording to the INCAWF other rolevr nt factors have to

be 11 ken into ccount by the Arbitrators;

Aid w'loreas the p" rtics have further r greed to request tho Central Government that in view cf the f ct that the INCAWF represents r nnjirity cf wrkmen i nd the CMA represents r 11 the oinpkyers in the Commt Industiy, the arbitration should be n national level crvering r II the Cement Units rnd r 11 their

W rknm and that the Cintrr 1 G veinment should therefrrc l^ue nctification under section 10-A(3-A) cf the Industrial Disputes Act, 1947;

It is hereby r greed between the pri tie* to refer tho follow-

ing industrial disputes to the r rbitratiort of :

(1) Shri G. Ramanujara, 2/44, Rcyapettah High Road,

Madras-600014;;nd

(2) Shri R. P. NcvPtir, Hindustf n Sugrr MIIIF Ltd., Bajaj

Bhrw n, N. rinrn Print, Bcmbr y-4GCO:o.

(i) Specific m tters in dispute: Whether thje demands fls contained in the Charter of demmds dated 30th September 1981 submitted by INCAWF rs rmcndod by its subsequent letter dated 30th October 1981 (Annexure); rre justified. If so, to what relief rro the workers entitled?

(li) Dot" ils of the pr rties to the (f> ) Cement Mr nuf; cturers¹

disputes including the Asscclrtion, Express name - nd address of the Building, Opp. Church- establishment or under- gf te R' ilw. y SU tion, taking involved : Bombay-400020.

(b) Inditin Natlonr I Cement & fi Allied Workers' Fedorr tion, M: zdoor Kiry. 1 ya, Congress House, Bombay-400004.

in the Official Gt zctte by tho f pprc prjt tc Gcvenmcnt ci with in such or further time r s is extended by mutur. 1 agreement by tho parties in writing.

The cost of the f rbitration will be borne by the omplcyers. If there is sny dispute on admissibility end reasonableness on the quoition of cost, the Arbitiatcis will tecice tlie diifute.

Dated a t Bcmbi y this 4th d; y of December, 1981.

Signr ture of the p" rties :

Representing empkyers : Repierentfrg wcikmen :

F o r r nd on behalf cf the Ce- For fnd on behalf cf tho ment Manufacturers' As;o- Indier Natkral Cement & ciation. Allied Workers' Federf ticn,

Sd/- Sd/-

(PRESIDENT) (H. N. Trivedi)

(Piesidcnt)

Witnesses : Witnesses :

(1) Sd/-

(1) Sd/-R. P. Mishra

(2) Sd/-

(2) Sd/-

Consent of Arbitrators

(1) G. RAMANUJAM

GENERAL SECRETARY 45, ROYAPETTAN HIGH Indfcn NLtioncJ Trtdo ROAD Madras-600014 Congress

15th November, 1981

Shri H. N. Trivedi, President, Indirn Nationrl Cemcntand Allied Workers'FocerP ticn, Congress He use, Bcmbry-4.

Derr Shri Trivedj,

I hr ve your kind letter cf the J2th Jnstf rit. I hereby corjvey my content to ret r s Arbitrt tor over tho dispute crisirg out of the denr nds by the Indian Nr ticnf ] Ctment and Allied Wcrkei s' Federation.

With regards,

Yours sincerely, Sd/- G. Ramanujani

(2) R. P. NEVATIA Bajaj Bhawan

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•VI' 7O0—30—1000—35—1350

ANNEXURE

' V ir 725—35—1075-40—1475

Statement required under the Industrial Disputes Act, 1947 1. Parties to the Disputes : The Cht um' n,

4. DEARNESS ALLOWANCE:—Over and above 260 points of AU India Coisum;r Price Index (Bass— 19S9"100), Rs. 2.30 per point shall be paid as doanijss albwa-i^.

5. ADDITIONAL DEARNESS ALLOWANCE :—15% of ba-ic wages .shall be paid as adJitioial diarasss alb^vaise to all the employees except those in lE' grade.

Cement Manuf. cturors' Asso- ciation, and Members cf Cemsnt Manufi ctuicrt' Assc- ciaticn, Express Bldg., Churchgrtc, Bomb: y 400 001.

6. HOUSE RENT ALLOWANCE:-HJUSO Reit Alla- 2. R ture ;nd C; UEecftbe Demands of the workers as

dispute J below :

wauce shall be paid on the followiis rates :

CHARTER OF DEMANDS (AS AMENDED)

1. AU f Jlrwing cmpli yces shrll be cevcred by this Chnter

of Dem nds ; s detailed bek w effective funi 1-10-J981.

TOTAL RS. 1000.50

17. ACCIDENT:— During the period of absence dua "o

accident while on duty, the employee concerned shall be paid full salary.

9. UNIFORMS:—(i) All employee! shall bo supplba with four sets of uniforms including four pants ano four shirt's—two full-sleavs and two-half-sleavs. TWJ pants and two shirts shall be of terry-cotton, every year.

18. MEDICAL BENEFITS :—Full reimbuneTijnt of the medical bills of the employee coi;erned and his family numbers shall be made.

(ii) All employees who are engaged to work on the jobs on piecc-rato system at mines, etc. shall be given uniforms like other piece-ittted employees of packing plant and coal gang.

(iii) Shots : All employee; shall be supplied with two

pairs of shoes every year.

19. EDUCATION ALLOWANCE:—For the childro¹! of the employees studying ouUide in High School or Collegss the employees shall bo given Rs. 100 per month, per child.

27. NOMENCLATURES :—Nomenclature and fitments of grades should be upward revised in consultation with the Fede- ration.

28. SKILLED ARTISANS :—All the SklHed Artisans shall be givtn promotion to the nest higher grade after every 5 years of working in the grade.

29. CEMENT AT CONCESSION:—For building or repair- ing the house, the employees shall be given upto 200 bags of cement on concessional rate at a discount of 50% of the ex- factory price.

30. GRATUITY:—One month's total salary including house rent allowance, shall be paid (last drawn) to all employees as gratuity for each year of service. The payment shall be made within a month from the date of leaving the service without any ceiling and with full interest on the gratuity amount.

31. PROVIDENT FUND :—Provident Fund contributions both from employer and employee shall be 10% of the total salary.

32. Loans for vehicles :~ Loans to purchase vehicles should be given with liberal terms in consultation with the Federation.

33. INTERIM RELIEF :—All employees shall be paid

Rs. 350/- per month from 1-10-1981 as interim relief.

34. EFFECT :—The above demands shall be given effect

from 1-10-1981.

35. GENERAL :—(i) All the existing employees shall bo brought imder monthly paid system with all consequential benefits.

(ii) All employees shall continue to get their existing, rights,

benefits and privileges etc.

Sd/-

H.'N. TRIVEDI, President

CEMENT MANUFACTURERS¹ ASSOCIATION

Express Building Opp. ChurchgaJe Railway Station,

Bombay-400020.

Our Ref. No. 525/81 6th October, 1981

The Secretary, Ministry of Labour, Shram Shaktl Bhawan, Raft Marg, NEW DELHI-liOOOl

Dear Sir,,

Sub :—Constitution of Central Wage* Board for Cement

Industry.

We refer to our letter No. 33/472/81 dated 29th August 19&1 and the subsequent discussion our President, Shri R,p. Nevatia had with Shrl N.D. Tiwari, Union Minister for Industry and Labour and other officials In Udyog Bhavan on Friday the 25th September 1981 regarding the cement industry's request for constitution of a Central Wage Board for Cement Industry to consider the question whether revision of the wage structure Of cement employees is needed and, if so, to what extent.

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Board without enlisting th" co-operation of labour. He felt that labour Is unlikely to agree to such a move. It was then suggested that the cement industry might consider the question of referring the dispute to arbitration.

3. Tho above suggestion was carefully considered by the Managing Committee of the Association at its meeting Leld on 1st October, 1981 in Bombay. The Committee is still of the view that in the larger national interest Government should consider constitution of a Central Wage Board, as proposed by the Association in its letter of 29th August 1981. However, if for any reason, it is not possible to constitute a Central Wage Board, the Association, as an alternative, would agree for a voluntary reference of the labour's demands to arbitration under Section 10A of the Industrial Disputes Act of 1947 as was done In 1977 when the Arbitration Agreement under Sec- tion 10A of the ID Act was published in the Gazette of India dated 24-12-1977 Part II, Sec. 3. Sub-section (ii). The Associ- ation hereby nominates Shri R.P. Nevatia, as the industry's repersentative on the Board of Arbitration. You may kindly inform labour accordingly.

4. We have received a fresh charter of demands from botft Indian National Cement and Allied Workers' Federation and All India Cement Workers' Federation, a- copy each of which Is enclosed for information. We would request early action in the matter.

Thanking you,

Yonrs faithfully,

For Cement Manufacturers' Association

Sd/-

P.V. GUNISHASTRI, Chief Executive Officer

End : as above.

Copy to: The Private Secretary to

Shri N.D Tiwari, Union Minister of Labour, Shram Shaktl Bhawan. Rafl Marg, New Delhi-110001.

Copy for Information- to :—

President, Vice-president, Members of the Managing Committee, and All Members of The Association,

Mombers are requested kindly to Inform th" Association at an early date, the present position obtaining in their mines/ factory/quarries against each of the above demands.

INDIAN NATIONAL CEMENT AND ALLIED WORKERS'

FEDERATION

CmgWSfF H*uw,, Bombay-400004.

Ref. T^o. HF: 49/30/9 3Ath September. 1SB1.

Chairman,

Cement Manufacturert' Association, Express Building, Churchgate, Bombay-400020. Dear Sir,

Sob:-™Ch*rter of demands.

1 am-sonding QUT charter of demands and resolutions passe d

at the 31st annual session of our Federation for the early and

2. During the discussion, Shri Nevatia reiterated the. Ind- ustry's request for constitution of a CcntraJ Wage Board- The representative of your Ministry present at tho said meeting opined that it would be difficult to constitute a Central Wage

3. SCALES OF PAY:—The following scales of pay shall favourable consideration by your association.

be introduced:

Awaiting your reply.

Yours Sincerely,

Sd/-

'E' 520-10-620-12-740 "D¹ 533-12-653-13-783 'C 559-15-709-17-879 'B' 598-18-778-20-978 'A' 650-25-900-30-1200

(H.N.Trivedi) President

c.c.to :—Chief Labour Commissioner,

TOTAL RS. 1000.50

(d) Other bigger quarters with

kitchen, bath-room, latrine, Rs.60.00 per month, store-room, veranda but without electricity.

. -do-with electricity & Rs.lOO%deducticm

Fans in two rooms.

NOTE: No deduction shall bo made for electricity and water supply. Wherever lesser rent is recovered than mentioned above that shall be continued, and whenever better facilities are provided they shall also be continued.

9. UNIFORMS:-—(i) All employees shall be supplied with four sets of uniforms including four pants and four shirts-two full-sleeves and two half-sloovcs. Two pants and two shirts shall be terry-cotton, every year.

(ii) All empleyees who are engaged to work on the jobs on piece-rate system at mines, etc. shall te given uniforms like other piece-rated employees of packing plant and coal gang.

(iii) shoes : All employees shall be supplied with two pairs

of shoes every yoar.

(iv) Rain-Coats : Quality rain-coats should be supplied to all employees who have to movo in open during monsoon particularly the employees of electrical department, quarries, sweepers, drivers, dragline operators, cloanors working on shovel and dumpers, heavy vehicle operators, gangmen, silos attend- ants, lab. staff, pump attendants, etc. every alternate year.

(v) Helmets Woollen Jersies : Quality woollen jersios should bo supplied to all'employees working in sanitation department, quarries, heavy vehicle operators and their mazdoors and help- ers, car and truck drivers etc. every altornato yoar.

(vi) Helmets : All the employees who work in departments where accident chances are likely shall be supplied helmets for their safety.

10. Heat Allowance :— All employees working in Kiln section, coal mill, boiler house, foundary, smithy-shop, steam loco, welding shop, slag factory, nodulise rplant, cemen mill fluxe and cement mill shall be paid heat allowance at the rate of 10% of total salary per month,

11. Dust Allowance :— AH employees working Inside the factory and limestone quarry, mines including sanita- tion department shall be paid dust allowance at the rate of 10% of total salary per month.

12. Washing Allowance :— All employees shall be paid Rs. 20/- per month as washing allowance to wash uniforms, etc.

13. Leave Travel Allowance.—One month's total emolu- ments ihall be paid to every employees once a year as leave travel allowance, unconditionally. It shall be allowed to be accumulated upto 3 years.

14. Leave Facilities.—(a) 30 days privilege leave, with full pay and allowances shall be given to each employee every year without any condition.

(b) 13 days casual leave with full pay and allowances shall

be given to each employee every year, without any condition.

(c) 21 days sick leave with full pay and allowances shall be granted to each employee every year unconditionally and it shall be allowed to be accumulated without any limit. No Medical Certificate shall be insisted upon by the employer for sick leave period of upto 6 days.

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(d) 5 days paternity leave with full pay and allowances shal¹ be granted to each employee whose wife gives birth, to attend to his children and house-hold affairs.

(e) Unavailed privilege leave, casual leave and sick leave

shall bo allowed to be encashed.

15. Festival/Bank Holidays.—All the employees shall bo

given all bank holidays with full salary.

16. Bread and Tea/Coffee.—One full bread and Tea/Coffee shall be supplied free of cost to all thenight shifts (second and third shifts) workers every day.

17. Accident.—During the period of absence due to accident while on duty, the employee concerned shall be paid full salary.

18. Medical Benefits.—Full reimbursement of the medical bills of the employee concerned and his family members shall be made.

19. Education Allowance.—For the children of the employee s studying outside in High School or Colleges the emploeyes shall be given Rs. 50/- per month, per child.

20. Conveyance Allowanc—All employees who have to report for work in factory or quarry o r at the water pumping station, magazines or any other place where they are detailed to work shall be paid Rs. 20/- per month as conveyance allowance.

21. Housing Advance.—Every employee shall be given as advance equivalent to him 40 months' salaries, free of interest, for the construction of his house. Tho recove ry of this amount would be made in 60 months.

22: Petition Scheme.—Pension scheme as under shall be

Introduced for all employees :

(a) For employee who die after ten years' of service, an amount equal to half-a month total salary, and in case of death after completing 20 years of service, an amount equal to 75% of the monthly total salary shall be paid as monthly pension to his wife until her death or re- marriage. If the wife of tho deceased member is not alive, the amount of pension shall be given to the minor deceased employee till they attain the age of 21 years.

(b) If an employee retires or resigns from service after ser- ving the company for 20 years, the amount equal to half-a mbnth's total salary and in case of retirement or resignation after 30 years of service the amount equal to 75 % of total monthly salary shall be paid, every month as pension to him till his doath.

(c) The company shall guarantee employment to at least one son or daughter of the employee of the company, and In case of fatal accident the son/daughter shall bo given employment immediately.

23. Acting Allowance.—When an employee works in place of another employee who is in high grade or post the difference in the pay of the employee concerned with a minimum of 10% of the total salary of the employee who acting shall be paid as acting allowance to tho employee who acted/offlciated. The acting allowance shall be paid to an employee even if ho acts/ officiates for a day in a higher post or grade.

24. No contract labour shall be allowed to work inside the factory or the mines, or on the repair job of the roads of the mines or the connecting road where the company's dumpers and truck ply to feed lime-stone to crushing plant.

25. Heavy Duty Allowance:—AH the operators of Dozer, Truck, Lorry, Bus, Dumpers, Fork-lift truck, Shovel, Halco

QriH, Loco, Crane or any othor heavy earth moving machinery shall be paid heavy duty allowance at the rate of R". 52/- per month.

26. City Allowance.—Those factories, quarries and offices which are situated near cities shall pay to their employees 10% of their salary as city allowance, every month.

27. The following categories of employees shall be revised

as under

I & II

(a) Armature Winder IV & V Staff (b) Ayak (c) Blacksmith B & A (d) Carpenter B &A (e) Crane Driver B &A (f) Electrician-cum-wi''eman B, A, IV, V, VI Staff

ThoM wiremen who are In the service of the company for the last 10 years or more and who do not possess wireman certificate.

(g) Fitter B, A, IV, V and Vlth

grade staff.

(h) Khalasi B and A

(i) Machinery Attendant D and C—Those who worked in 'D' grade to 'E' for 8 years should be grade. promoted.

(j) M.T.D. B, A, IV and V "taff.

(k) Painter C. B, and A

0) Peon D and C

(m) Pointsman Dand

(n) Watchman C and B

(0) Havaldar B, A and IV grade staff

(p) Welder C, B, A, and tV grade

Staff

(q) Laboratory Boy C and B

(r) Testing Boy B and A

(s) Sweeper E and 10 years service B

(t) Hammerman D and C

(u) MUtry 13, A and V staff

They superviso 1he Job of

others.

(8) Asst. Accountant be taken on "

Company's grade

> V

(9) Clerk who relieves the cashier,

be given grade

(10) Nurse

IV, V and VI

(11) Pharmacist IV, V and VI

(12) Laboratory Technician VI and VII

(13) Dresser

II, III and IV

(14) Primary Trained Teacher III and IV

(15) Secondary Trained Teacher III and IV

(16) Trained Teacher Graduate IV, V, VI and VII

(17) Asstt. Head Master VII (18) Clerk working as incharge V and VI

of Canteen

(19) Incharge gunny ba gs in Store IV and V

(20) Time Keeper HI and IV

(21) P. 1 Clerk working in Store IV and V

(22) Clerk working on Bills, Cash IV, V, VI and VII

Office, Cost, Excise work, Sales Tax and Income

(23) Clerk Main Insurance VI an VII

(24) Loading Supervisor of II, III and IV

Packing Plant and Coal factory.

(25) Sanitation Inspector IV, V and VI (26) Clerk working as magazine V

in-charge

(27) Radio Orapher VI and vn

(28) Yard Supervisor V and VI

(29) Shift in-chargc V and VI

(30) Charge hand and Asstt. VI and VII

Foreman.

28. All the Skilled Artisans shall be given promotion to the next higher grade after every 5 years of working in the grade.

29. Cement at Concession. —For building or repairing the house, the employees shall be given upto 200 bags of cement on concessional rate at a discount of 450 % of the ex-factory price.

Staff;

(1) Tallychek Store-iisuer, TC. nndl

Toolskeeper

(2) Loading Supervisor of land II

Packing House

(3) Loading Supervigors who are I and II

supervising the job of un- loading, coal, gypsum, poz~ zolone material and stone should be given

(4) Mistry designation is not IV in place of "A"

there in the list of nomen- clature. Since they are doing the job of assisting the packing house foreman they should be given the grade.

(5) Clerk packinghouse III and IV

(fi) Afl the clerks who have been V doing the Excise work should be placed in

30. Interim Relief.—All employees shall be paid Rs. 350/-

per month from 1-10-1981 as interim relief.

31. Effect.—The above demands shall be given effect from

1-10-1981.

32. Gratuity.—One month's total salary including house rent allowance shall be paid Oast drawn) to all employees as gratuity for each year of service. The payment shall be made within a month from the date of leaving the service without aijd ceiling and with full interest on the gratuity amount.

33. Provident Fund,—Provident Fund contribution both

from employer and employee shall be 10 % of the total salary.

34. Gsneral.-^(i) All the existing employees shall be brought

under monthly paid system with all consequential benefits.

(ii) All employees shall continue to get their existing rights,

benefits and privileges etc.

[File NO. L*29025/24/81<-D III (B)]

SHASHI BHUSHAN, Under Secy.

M8NTED IV THE MANA0BR, OOVT. OF INDIA PRESa, RING ROAD, NEW DELHI-110064

AND P U B L WW BY THT CONTBOLLM OF PUBLICATION!, D1LHI-110054, 1911