Saturday, February 19, 2011

Arbitration Award of Sri Salim M. Merchant, Central Tribunal, Bombay.

 

KERALA STATE ELECTRICITY BOARD

 

Abstract


Establishment – Kerala Electricity Board Executive Employees – Dispute – Arbitration Award of Sri Salim M. Merchant, Central Tribunal, Bombay – Implementation of – Orders issued.

B.O.No.G.II/6263/68                                                                Dated, Trivandrum: 08/10/1969.


Read: -                                                                                                            
               1.  Board Order No.A.I-16473/66 dated 12/12/1966.
  2.  Govt. Notification No.29365/H2/69/LSWD dated 20/08/1969.

O R D E R


             An Industrial Dispute arose between the Kerala State Electricity Board and its Executive Employees represented by the KSE Board Executive Employees’ Union, over the demands made by the said Union in its Memorandum of Demands dated 30/04/1966 reiterated by it on 22/07/1966.  Settlement was reached on certain issues in the conciliation conference held on 10/12/1966 under the auspices of the Labour Commissioner.  On certain other issues, it was agreed that they would be referred to the Arbitration of Sri Salim M. Merchant, Central Tribunal, Bombay.

             II.The Arbitrator after hearing the interested parties passed his Award on 12/08/1969 which as published by the Kerala Government under Section 17 of the I.D. Act 1947 in the Gazette dated 09/09/1969 under notification read as 2nd paper above.

            III. In the light of the Award made by the Arbitrator, the Board is pleased to issue the following orders for implementation.

1. Pay Revision:  The categories of Executive Employees listed out in Col.2 of the Annexure to this order, whose pay scales are as given in column 3 of the Annexure, will be granted the revised scales of pay shown against each category in column 4, with retrospective effect from 10/12/1966.
The revised pay scales granted to Junior Engineers are given as item 67 in the Annexure.

2. Weightage and fixation of pay:  The following weightage will be given to the categories of employees mentioned in the Annexure except the Junior Engineers.
a)       Four increments to those who are covered by this order and who were in Board’s service on 31/12/1957 or who joined the Board’s service thereafter but before 10/12/1960.
b)      Three increments to those who are covered by this order and who joined the Board’s service on or after 10/12/1960 but before 10/12/1962.
c)       Two increments to those who are covered by this order and who joined the Board’s service on or after 10/12/1962 but before 10/12/1964.
d)      One increment to those who are covered by this order and who joined the Board’s service on or after 10/12/1964 but before 10/12/1966.

For fixation of pay in the revised scales, the following scales will be adopted.
       a) The pay of an employee in the revised scale of pay will be fixed at the stage in the revised scale next above his “present emoluments”, whether they represent a stage in the revised scale or not.
Note:-The term “present emoluments” means ‘Pay’ in the existing scale of pay that the employee drawn on the date on which the revision of pay is given effect to.



b)      If the “present emoluments” are lower than the minimum of the revised scale, the pay of the employee will be fixed at the minimum.

      c) If the “present emoluments” are 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.

            After calculating the pay of the employee as per the above rules in the pay scales sanctioned as per this Board Order, any increment or increments to which he is entitled by virtue of his service under the Board after 31/03/1957 and before 10/12/1966 as stated above, should be added to the pay and the aggregate amount so calculated will be taken as his pay on 10/12/1966 in the revised pay scale.  If such aggregate amount exceeds the maximum of the revised pay scale of his post, the excess will be treated as his personal pay.  If the individual employee has earned and has been paid any annual increment or increments in his existing pay scale after 10/12/1966, the amount of such increment or increments shall be adjusted against the amount of increments payable to him under the Awarded  Pay Scale applicable to him after 10/12/1966 or against other payments to be made to him under this order.     
           
            The Junior Engineers shall not be entitled to any of the benefits of weightage or fixation of pay as indicated above. However, those Junior Engineers who have not received any increment under the Award of Sri A. Sankaran, will be granted one increment under that Award.

            3. Dearness Allowance:  The categories of employees covered by this order, will be granted Dearness Allowance at the rates allowed by the Central Government from time to time, with effect from 10/12/1966.
Note:-  The amount of interim relief granted and drawn as per settlement read as 1st paper, will be          
 adjusted against the payment of the enhanced Dearness Allowance at Central Government
 Rates.

         4. The post of II Grade Overseers in the revised scale of Rs.140-7-175-8-223-9-250 will be treated as a promotion post for the category of Lineman.

         5. The request for the creation of a higher scale of pay for a percentage of Drivers is declined.  But an amount of Rs.20/- (Rupees Twenty only) per month will be given as Special Allowance with effect from 01/08/1969 to those Drivers who are permanently engaged in driving heavy vehicles of 5 tonnes capacity and more.

         6. Traveling Allowance and Joining Time for transfers on request will ordinarily be allowed.  If in any particular case, it is considered by competent authorities that the request for Traveling Allowance and Joining Time is unreasonable, such requests will be declined.

         7. Retiring employees will be paid Travelling Allowance for them and for the members of their families from the place of work to their permanent residence, as on transfer, with effect from 01/01/1970.

        8. House Rent Allowance:  The House Rent Allowance no being paid at Rs.7/- p.m. will be enhanced to Rs.10/- (Rupees Ten only) per mensem with effect from 10/12/1966.

       IV. Blue Printers:  Blue Printers will be granted the scale of pay of Rs.90-5-140 with effect from 01/07/1964 and same weightage as has been given to Attenders (Ministerial)  as per the Award of Sri Kumara Pillai.







V.  Option:  Those employees covered by this order who are on better scales of pay than the revised scales sanctioned in this order, shall have e the option to opt for the revised scale of pay applicable to them or to continue to remain in the existing scale of pay.  This option shall be exercised within two months of the date of coming into force of the Award, i.e., the option shall be exercised and 
Communicated in writing to reach the respective heads of offices on or before 08/12/1969 without fail.  Option once exercised shall be irrevocable


                                                                                 (By Order of the Board)

                                                                                                Sd/-                                                             
                                                                                (T.R. SUKUMARAN NAIR)
                                                                                  Secretary to the Board.
To
The Chief Engineer (Electricity), KSE Board.
The Chief Engineer (Civil)

Endt. on EB.7/42328/69 dated 21/10/.1969.

Copy to: All Sub Division and Section Officers (Electrical) for information and necessary action.

 
                                                                                             Sd/-
                                                                  For CHIEF ENGINEER (ELECTRICITY)
































Note:-   The categories of employees mentioned in this Annexure do not include the Personnel in                                          
             similar categories of the former W.E. Service who were absorbed into regular establishment
  as per Board Order No.A.III-17525/66 dated 03/12/1966 and kept as a separate unit as per 
  Orders in Board Order No.A.III-17525/66 dated 06/07/1967.

Item
No.
(1)
Categories
(2)
Existing Pay scale
(3)
Rs.
Pay scale as per Award
(4)
Rs.
   1.
Line Helper
65-2-85
90-5-140
   2.
Cleaner
do.
do.
   3.
Boat Cleaner
do.
do.
   4.
Chainman
do.
do.
   5.
Oilman
do.
do.
   6.
Lorry Cleaner
do.
do.
   7.
Oilman-cum-Cleaner
do.
do.
   8.
Valve House Operator Gr.II
65-2-95
do.
   9.
Signaller
do.
do.
 10.
Boatman
65-2-85
do.
 11.
Asst. Engine Driver
75-2-85-3-115
100-5-160
 12.
Signaller
do.
do.
 13.
Asst. Filter Operator
do.
do.
 14.
Assistant Lineman
do.
do.
 15.
Meter Room Attender
75-3-90-4-110-5-135
105-6-165-7.50-180
 16.
Valve House Operator
do.
do.
 17.
Yard Mechanic Grade II
do.
do.
 18.
Fitter Grade III
do.
do.
 19.
Intake Watcher
do.
do.
 20.
Mechanic
do.
do.
 21.
Operator Grade II
do.
do.
 22.
Dam Operator
do.
do.
 23.
Estimate Copyist
do.
do.
 24.
Work Superintendent
80-4-100-5-160
130-6-154-7-182-8-222-9-240
 25.
Fitter-cum-Welder
do.
do.
 26.
Fitter-cum-Crane Operator
do.
do.
 27.
Fitter-cum-Blacksmith
do.
do.
 28.
Attender-cum-Operator
do.
do.
 29.
Winch Operator-cum-Mechanic
do.
do.
 30.
Fitter-cum-Plumber
do.
do.
 31.
Fitter Grade II
do.
do.
 32.
Tracer
75-3-90-4-110-5-135
130-6-154-7-182-8-222-9-240
 33.
Boat Driver
90-5-100-6-190
do.
 34.
Roller Driver
do.
do.
 35.
Winch Driver
do.
do.
 36.
Yard Mechanic Grade I
do.
do.
 37.
Driver
do.
do.
 38.
Surveyor Grade I
do.
do.
 39.
Lineman
do.
do.
 40.
Turner
do.
do.
 41.
Cable Jointer Grade II
do.
do.




Item
No.
(1)
Categories
(2)
Existing Pay scale
(3)
Rs.
Pay scale as per Award
(4)
Rs.
 42.
Filter Operator
90-5-100-6-190
130-6-154-7-182-8-222-9-240
 43.
Crane Operator
do.
do.
 44.
Fitter Grade I
do.
do.
 45.
Winch Operator
do.
do.
 46.
Mechanic Grade II
do.
do.
 47.
Operator Grade I
do.
do.
 48.
Overseer Grade II
do.
140-7-175-8-223-9-250
 49.
Foreman Grade V
do.
130-6-154-7-182-8-222-9-240
 50.
Meter Mechanic Grade II
do.
do.
 51.
Surveyor Grade I
160-10-270
185-10-305
 52.
Telephone Mechanic
do.
do.
 53.
Teleprinter Mechanic
do.
do.
 54.
Tractor Driver
160-10-270
225-15-375
 55
Dam Superintendent
do.
do.
 56.
Coil Winder
do.
do.
 57.
Meter Mechanic Grade I
do.
do.
 58.
Engine Driver
do.
do.
 59.
Mechanic Grade I
do.
do.
 60.
Meter Tester
do.
do.
 61.
Cable Jointer Grade I
do.
do.
 62.
Foreman Grade IV
do.
do.
 63.
Foreman Grade III
do.
do.
 64.
Overseer/Draftsman Grade I
do.
do.
 65.
Senior Operator
do.
do.
 66.
Research Assistant
200-10-250-15-400
240-15-390-20-450
 67.
Junior Engineer
325-20-425-25-525
325-20-425-25-575



























KERALA STATE ELECTRICITY BOARD

No.Estt/Gl.                                                                                                          Trivandrum-1,
                                                                                                                           13/10/1969.
CIRCULAR NO.410

Sub:- Establishment – Kerala State Electricity Board Executive Employees – Dispute –
        Arbitration Award of Sri Salim M. Merchant, Central Tribunal, Bombay – Implementation of               
        Orders issued.
Ref:-  B.O.No.G.II/6263/68 dated 08/10/1969.

          Board in its order cited has implemented the Award of Sri Salim M. Merchant with effect from 10/12/1966. The following further instructions are issued for the guidance of the officers.

          1.The employees having the designation and the scales of pay as shown in column 2 and 3 of the annexure of the Board Order alone are eligible for the revised scales noted in column 4 against each.

          2. Option will be allowed only to those employees whose existing scales of pay are better than the revised scales of pay.  For others no option will be allowed.  Option once exercised is irrevocable and shall be final.  No fixation of pay is necessary in respect of those who opt for the existing scale.

          3. The fixation of pay will be done and option will be accepted by the Head of Office not below the rank of an Executive Engineer.  The option may be pasted in the service book and the fact recorded therein. A proforma of the fixation statement with typical entries and option are enclosed.

          4. A proforma for the fixation of pay of Junior Engineers is also enclosed.  It may be noted that the if the Junior Engineer is not benefited by any increment as per Sankaran Award, his pay as on 01/01/1966 or opted date as per Sankaran Award should be fixed giving one increment on 01/01/1966 or opted date.  But arrears should be paid only from 10/12/1966.

          5. If an employee holds more than one post prior to the date of revision, i.e., 10/12/1966 e.g. II Grade Overseer (Subst.) and I Grade Overseer (Offg.) or officiating in both the posts, his pay in the different posts will be fixed independently on 10/12/1966 as per fixation rules laid down in the Board Order cited and he will be allowed to draw the higher pay.

          6. If an employee is promoted on or after 10/12/1966, his pay in the lower post held prior to 10/12/1966 will be fixed by applying the fixation rules laid down in the B.O. cited and the pay in the higher post (promoted post) will be fixed by applying service rules.

          7. The pay fixation statement with the service books should be forwarded to the Financial Adviser & Chief Accounts Officer for approval soon after disbursement of arrears.

          8. An undertaking as noted below may also be obtained from the employee before payment of arrears.
I ………………………………………………………………………………….hereby agree that excess amount, if any, drawn on account of pay fixation in pursuance of B.O.No.G.II/6263/68 dated 08/10/1969, if found later, will be refunded by me.

Witnesses:-                                                                                           Signature.







The fact of having obtained the declaration may be mentioned in the arrear pay bills while claiming the arrears.

          9. The payment of arrears on account of this Award may be booked separately for statistical purposes.  For this, the Account heads operated for booking arrears on account of Kumara Pillai Award may be used, as those heads are not being operated now.  If any arrears come as per Kumara Pillai Award later, it may be booked under the regular heads for pay and allowances. So the following Account heads may be opened for booking the expenditure under various items as per this Award.

          i)  Pay including leave salary                                                                    552 C
          ii) Dearness Allowance                                                                              556 A
         iii) House rent allowance/Project allowance/Special Project allowance,
             Operation allowance etc.                                                                       559 A
         iv) Arrears of bonus                                                                                  552 F
          v) Arrears of leave surrender                                                                    552 E
         vi) Arrears of overtime                                                                               559 F

          The expenditure on Capital Account may be booked under letter C prefixed against the above Account Nos.

          The Officers are requested to adhere to the above instructions strictly.

                                                                                                          Sd/-                                                                                                          
                                                                                      FINANCIAL ADVISER AND                                                                                                             
                                                                                    CHIEF ACCOUNTS OFFICER.
Acc: 3.

To
          The Chief Engineer (Electricity & Civil)

OPTION

           In pursuance of Board Order No………………………………………………………………….

I ………………………………………………………………………………………………………………

Permanent/officiating………………………………………………………………………………………

Elect to remain in the pre-revision scale.

                                                                                                           
Date:                                                                                                   Signature

Witness:-

Accepted

                                                                                                    Signature
                                                                                                           Designation

Only those who are enjoying better scales of pay than the revised scales of pay awarded by the B.O.No.G.II/6263/68 dated 08/10/1969 are eligible to exercise this option.

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