Saturday, February 19, 2011

5) Long Term Agreement 1972 – Revision of Pay and Allowances of last grade employees

KERALA STATE ELECTRICITY BOARD

ABSTRACT

Establishment – Pay and Allowances and service conditions of last grade employees – long term agreement – orders issued.

B.O.No.EB.I-31380/71                                                                Trivandrum, Dated:  13—9—1972.

READ:-   Memorandum of Settlement dated 2-9-1972 between the Board and the K.S.E. Board     
               Employees’ Association.

O R D E R

              The Board and the K.S.E. Board Employees’ Association have signed a Memorandum of serttlement on 2/9/1972, which provides for revision of pay scales etc. of last grade employees in the Board.  A copy of the Memorandum of Settlement is appended to this order.

              The provisions of this settlement shall take effect from 1/2/1972, except where otherwise specified, and will continue in force and in effect till 31/12/1974.  It shall also continue in effect after 31/12/1974 until amended or terminated in the manner stated in clause 15 of the settlement.

              The revision of scales of pay referred to under clause 1 of the settlement will take effect from 1/2/1972, or from any subsequent date from which an employee opts to come to the revised scale, as stated in clause 2 of the settlement. The option shall be exercised within 2 months from the date of this order.

              The redesignation and upgrading of certain posts referred to in clause 5 of the settlement shall take effect from 1/10/1972.  Appointments to the upgraded posts shall be made within 2 months from  the date of this settlement and these appointments will take effect from the actual date on which the incumbents concerned are appointed to the upgraded posts.

              The retirement age of Senior Office Attendants referred to in clause 7 of the settlement will be 55.  Peons and Duffedars who entered service prior to 24/1/10972 (date on which the certified standing order for Clerical and allied categories of employees come into effect), who are redesignated and appointed as Office Attendants grade I & II will retire at the age of 60.  All employees who entered service on or after 24/1/1972 will retire at the age of 55.

              The general instructions regarding fixation of pay and payment of arrears issued by the Financial Adviser & Chief Accounts Officer in his Circular Pay Fixation III/No.494 dated 28/6/1972 will apply in the case of fixation of pay and drawal of arrears under this order also, to the extent such instructions are relevant to the settlement appended to this order.
                                                                                                                       By Order of the Board

                                                                                                                        Sd/-
                                                                                                            T.R. SUKUMARAN NAIR
                                                                                                            Secretary to  the  Board.
To
              The Chief Engineer (Electricity)/Chief Engineer (Civil)
              The Financial Adviser & Chief Accounts Officer.
              The Additional Chief Engineer (Civil)
              The Personnel Officer.
              The Hon: Personnel Adviser.



A P P E N D I X
MEMORANDUM OF SETTLEMENT


                 NAME OF PARTIES:-

                      Representing Management:-

                                             1.  Shri V. Ramachandran,
                                                  Chairman,
                                                  K.S.E. Board.

                                             2.  Shri C. Sankara Menon,
                                                  Accounts Member,
                                                  K.S.E. Board.

                                            3.  Shri P.N. Krishna Pillai,
                                                 Hon: Personnel Adviser,
                                                 K.S.E. Board.

                                            4.  Shri M.P. Narayana Menon,
                                                 Personnel Officer,
                                                 K.S.E. Board.

                     Representing Workmen:-

                                           1.  Shri K.C. Mathew,
                                                President,
                                                K.S.E. Board Employees’ Association.

                                           2.  Shri M.K. Kunhiraman,
                                                General Secretary,
                                                K.S.E. Board Employees’ Association.

                                           3.  Shri P.N. Gopalan Nair,
                                                Joint Secretary,
                                                K.S.E. Board Employees’ Association.


SHORT RECITAL OF THE CASE

              The K.S.E. Board Employees’ Association submitted a Charter of Demands to the Management of the K.S.E. Board on 13/12/1971, relating to revision of pay scales and other service conditions of Peons, Attenders etc.  The Board, through the Chairman’s letter, No.EB2/19316/71 dated 12/8/1971, agreed to discuss these demands with the Union, along with certain suggestions made by the Board for elimination of certain restrictive practices etc.  The Demands of the Unions and the suggestions of the Board were discussed at length and it was finally agreed as follows, on 2/9/1972.











TERMS OF SETTLEMENT

Wages and Salaries

                 1.  It is agreed that the scales of pay will be revised as shown below:-           



         Category                                Existing Scale                                          Revised Scale

       Sweepers
       Scavangers
       Gardeners                            Rs.85-4-105-5-135                                   Rs.90-4-102-5-157
       Peons 


       Duffedars                             Rs.87½-4-103½-5-138½                        Rs.90-4-102-5-157
                                    
       Attenders
       Medical Attendants                  Rs.90-5-140                                         Rs.100-5-135-6-165
       Duplicator Operator  


              2.   The revised scales of pay agreed to in clause 1 above will have effect from 1/2/1972, or from any subsequent date from which an employee opts, in writing, to come to the revised scale.  The option for this purpose should be exercised within 2 months from the date of this settlement and option once exercised will be final.  If an employee fails to exercise his option within two months as stated above, he will be deemed to have opted to the revised scale of pay from 1/2/1972.

              3.    Weightage for past service will be given as follows:-

 

                                    Upto 5 years of service                                           ..    No increment
                                    Between 5 and 9 years of service                          ..    One increment
                                    Above 9 years of service                                        ..    Two increments

Note:-    1.  The procedure followed in the matter of counting service for advance increment at the   
                   time of revision of scales of pay on 1/1/1966 will be followed in the present revision as
                   well.
             2.   Provisional service followed by regularization will alone count for advance increment  
                   under this clause.
             3.  Broken periods of provisional service will not count for advance increment under this 
                  clause.

               4.   Fitment:

              (a)   The pay of an employee in the revised scale of pay will be fixed at the stage in the revised scale next above the pay drawn by him on the date preceding the date of revision whether it represents a stage in the revised scale or not.





              (b)   If the pay drawn on the date preceding the date of revision in the pre-revision scale is less than the minimum of the revised scale, the pay of an employee will be fixed at the minimum in the revised scale, subject to the minimum increase in pay provided in sub clause (e) hereunder.

              (c)   If the pay drawn on the date preceding the date of revision is higher than the maximum of the revised scale, the pay in the revised scale will be fixed at the maximum and the difference allowed to the employee as personal pay.

             (d)   After calculating the pay of an employee as per sub clauses (a) to (c) above, any increment or increments to which he is entitled by virtue of his service, under clause (3) should be added to the pay so calculated and the aggregate amount so arrived at will be taken as the pay on 1/2/1972 or on the date of option to the revised scale.  If such amount exceeds the maximum of the revised scale for his post the excess will be treated as his personal pay.

              (e)   The minimum overall increase in pay that an employee in service on 1/9/1972 should get by way of pay revision, fixation and weightage as per this agreement shall not be less than Rs.15/-.  In cases where after allowing the minimum benefit the pay of an employee does not fit in a stage in the revised scale then his pay will be fixed at the next lower stage and the difference will be allowed as personal pay to be absorbed in the next increment/increments.

              5.   Higher Grades

              (1)   25% of the sanctioned posts of Peons as on 1/10/1972 will be upgraded and redesignated as Office Attendants Grade I and the remaining posts will be redesignated as Office Attendants Grade II with effect from 1/10/1972.  This will be done on the basis of seniority.

              (2)   Attenders and Duffedars will be redesignated as Office Attendants Grade I with effect from 1/10/1972. 

              (3)   The scale of pay of Office Attendants Grade I will be Rs.100-5-135-6-165 and that of Office Attendant Grade II will be Rs.90-4-102-5-157.

              (4)   A ratio of 1:3 will be maintained as between Office Attendants Grade I & II, on the total sanctioned posts of Peons (Office Attendants).  Appointments to the post of Office Attendants Grade I will be made from among Office Attendants Grade II on the basis of seniority.  The posts of Office Attendants Grade I & II will be interchangeable and they will not be attached to any offices in particular.  The duties and functions of Office Attendants Grade I and II will be the same as those of Peons and they will continue to perform the duties and functions of Peons, notwithstanding the change in designation and upgrading.

              (5)   Existing Sweepers, Scavangers and Sweeper-cum-Scavangers will be given opportunity to work as lorry cleaners or Office Attendants Grade II, subject to availability of vacancies and subject to their being suitable for appointment to such posts.

              (6)   With effect from 1/10/1972, 4 posts of Duplicator Operators will be upgraded and redesignated as Duplicator Operator Grade I, and the remaining Duplicator Operators will be redesignated as Duplicator Operator Grade II.  The scale of pay of Duplicator Operator Grade I will be Rs.125-6-155-7½-200 and the scale of pay of Duplicator Operators Grade II will continue to be Rs.100-5-135-6-165.

              (7)   The provisions of the Certified Standing Orders for Clerical and Allied employees relating to last grade employees will continue to apply to Office Attendants Grade I and II.



              6.   ALLOWANCES:
                                                                                     
The special allowance, if any drawn by Peons, Duffedars, Attendants and Medical Attendants
at present will be continued to be paid to Office Attendants Grade I & II and Medical Attendants.  Other allowances which are common to other categories of employees also will be decided after joint discussions with all the other unions concerned.

              (2)   Duplicator Operators will be paid a special allowance of Rs.15/- p.m. with effect from 1/10/1972.

              7.    A certain number of posts of Office Attendants Grade I will be upgraded as those of Senior Office Attendants on Rs.125-6-155-7½-200.  Appointments to those posts will be made by promotion from among Office Attendants Grade I, on the basis of seniority.  The actual number of posts to be upgraded will be decided within a period of 2 months from the date of this settlement and promotions effected thereafter. 

              8.    House Construction Advance:

              The maximum limit of house construction advance to the employees referred to in this agreement is revised to Rs.6,000/-.

              9.    RETIREMENT:

              Peons and Duffedars who entered service prior to 24/1/1972, who are now redesignated as Office Attendants Grade II will retire at the age of 60.  As regards Peons and Duffedars who entered service prior to 24/1/1972 and who become Office Attendants Grade I in terms of this agreement, they will also retire at the age of 60, as a special case.  This is in consideration of the fact that though they are upgraded and redesignated as Office Attendants Grade I they are still performing the duties and functions of Peons for whom the retirement age prescribed is 60.

         GENERAL

10.    The K.S.E. Board Employees’ Association will be the sole bargaining agent for all categories of employees mentioned in this agreement.

              11.     No basis shall exist for a workman to allege that a wage/salary inequity exists and no grievance on behalf of a workman alleged wage/salary rate inequity shall be filed or processed during the term of this agreement.

              12.    It is agreed that there will be no demand for further increase in wages, or allowances and that the provisions of this agreement defined and limit the obligations and responsibilities of the Management towards its workmen for the period covered by the Agreement, on is specifically provided in this agreement.

              13.   The general conditions of service relating to discipline grievance handling rights and responsibilities of parties etc., applicable to other Ministerial employees in the Board from time to time will apply to the categories of employees referred to in this agreement also.  If however any order or direction issued by the Management becomes a matter of grievance, the workman concerned or the Union will have a right to take up the matter through the Grievance of Procedure or through other constitutional methods.






              14.   Twenty-five posts of Office Attendants Grade I will be upgraded as those of Clerical Attenders and appointments to these posts will be made by promotion from among Office Attendants Grade I, who have passed Attender’s Test, on the basis of seniority.  Further promotions to the posts of Clerical Attenders will also be made from among Office Attendants possessing test qualification.

            TERMINATION

15.               The provisions of this Agreement will come into force from the first day of February 1972,
except where otherwise specified prior to, and will continue in force and in effect till 31st December, 1974.  Notwithstanding the termination of the period of validity of this Agreement, it shall continue in effect thereafter until amended by mutual agreement or terminated by the Board or the Union by written notice of at least two Calendar months to the other party.

16.    In the event of any of the provisions of this Agreement becoming legally invalid or unenforceable or superseded by a subsequent Act, Award, order or Agreement between the parties, such invalidity, unenforceability or supersession shall not affect the remainder of the provisions of the Agreement.

              IN WITNESS WHEREOF the parties hereto have caused their names to be subscribed by their duty authorized officers and representatives, this the day and year first above written.

For and on behalf of
THE KERALA STATE ELECTRICITY BOARD

                   Sd/-                                                  Sd/-                                          Sd/-  
        V. Ramachandran,                          C. Sankara Menon,                  P.N. Krishna Pillai,
             Chairman.                                   Accounts Member.               Hon: Personnel Adviser.
                                                                            Sd/-
                                                              M.P.Narayana Menon,
                                                                 Personnel Officer.

For and on behalf of
THE KERALA STATE ELECTRICITY BOARD EMPLOYEES’ ASSOCIATION
                    
                  Sd/-                                                  Sd/-                                           Sd/-
           K.C. Mathew,                              M.K. Kunhiraman,                       P.N. Gopalan Nair,         
             President.                                 General Secretary.                      Joint Secretary.    

Witnesses:- 

                       1. K. Parameswaran Nair,                                                             Sd/-  
                           Personnel Assistant to the Hon. Personnel Adviser,
                           K.S.E. Board.

                       2. S. Lakshmanan Pillai, Confidential Assistant to the                  Sd/-
                           Chairman, K.S.E. Board.

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