KERALA STATE ELECTRICITY BOARD
ABSTRACT
Establishment – Pay and Allowances – Executive Employees – Revision of Pay and Allowances etc. – Long Term Agreement – Orders issued.
B.O.No.EB.II-21490/71 Dated, Trivandrum, 5/6/1972.
READ:- Memorandum of Settlement dated 1/5/1972 between the KSE Board and the Electricity
Board Executive Employees’ Union.
O R D E R
The Board and the Electricity Board Executive Employees’ Union have signed a Memorandum of Settlement on 1/5/1972, which provides for revision of pay scales and certain allowances of employees of the Board known as Executive Employees. A copy of the Memorandum of Settlement is appended to this Order.
2. The provisions of this settlement shall take effect from 1/1/1972, 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 32 of the Settlement.
3. The revised scales of pay referred to under clause 19 of the settlement will have effect from 1/10/1971 or from any subsequent date on which an employee opts to come to the revised scale, as stat ed in clause 22 of the settlement. The option shall be exercised within 2 months from the date of this order.
4. The Night Allowance referred to under clause 23 of the Settlement shall be paid with effect from 1/5/1972.
5. Spreadover allowance at the revised rates agreed to under clause 24 shall be paid with effect from 1/10/1971.
6. Detailed instructions regarding fixation of pay and payment of arrears due under the Settlement will be issued by the Financial Adviser and Chief Accounts Officer.
7. Sanction is also accorded to print 8000 copies of the Memorandum of Settlement appended to this Order. The Chief Engineer (Electricity) will take immediate necessary action for this.
By Order of the Board
Sd/-
T.R. SUKUMARAN NAIR
Secretary to the Board.
A P P E N D I X
MEMORANDUM OF SETTLEMENT
NAME OF PARTIES:-
Representing Employer:
1. Shri M. Ramachandran,
Accounts Member,
Kerala State Electricity Board.
2. Shri P.N. Krishna Pillai,
Hony. Personnel Adviser,
Kerala State Electricity Board.
3. Shri M.P. Narayana Menon,
Personnel Officer,
Kerala State Electricity Board.
Representing Workmen:
1. Shri C.U. Kurian,
Vice-President,
K.S.E. Board Executive Employees’ Union.
2. Shri P.K. Gopalakrishna Pillai,
General Secretary,
K.S.E. Board Executive Employees’ Union.
SHORT RECITAL OF THE CASE
The Electricity Board Executive Employees’ Union submitted a charter of demands relating to revision of pay scales and other service conditions of the category of employees of the Kerala State Electricity Board known as Executive Employees, after terminating the award of Shri Salim Merchant and an agreement dated 10/12/1966, which governed the pay scales and service conditions of this category of employees.
2. The Kerala State Electricity Board, through the Chairman’s letter No.EB2.19316/71 dated 12/8/1971 informed the Union that they are willing to negotiate with them on the charter of demands and stated that any further increase in financial commitment could be made only in case productivity is increased and certain restrictive practices are eliminated. The National Productivity Council has
conducted a Work-study with regard to the work norms of employees and the Board suggested that the work norms recommended by the N.P.C. may also be adopted, subject to discussions.
3. After preliminary discussions between the Board and the Union, it was decided that direct negotiations will be held between them with a view to settle and issues relating exclusively to the category of employees known as Executive Employees, except Drivers of vehicles. Protracted discussions were accordingly held between the parties on the Charter of Demands presented by the Union as well as the suggestions placed by the management before the Union.
4. As a result of these discussions, an agreement was signed between the parties regarding Work Norms for executive staff engaged in distribution work, on 31/12/1971, and copies of this agreement have been jointly forwarded by the parties to the State Government, Labour Commissioner and the District Labour Officer, as required under the Industrial Disputes Act, 1947, and the Kerala Industrial Disputes Rules thereunder.
5. Further discussions were held by the parties on the demands of the Union relating to pay scales and allowances applicable exclusively to executive employees (other than Drivers of vehicles), and the following agreement was reached between the parties on 1/5/1972, in full and final settlement of all outstanding disputes between the parties except those that are common to and connected with the demands of other categories of employees in the Board.
6. It was further agreed that the other demands which are common to and connected with the demands of other categories of employees will be discussed jointly with the other unions concerned also.
7. This agreement will be deemed to be one under Section 2(P) of the Industrial Disputes Act, 1947 and copies will be sent to the State Government, Labour Commissioner and the Conciliation Officer, as required under the provisions of the Industrial Disputes Act and Rules thereunder.
TERMS OF SETTLEMENT
AGREEMENT made and entered into this first day of May, One thousand nine hundred and seventy two by and between the KERALA STATE ELECTRICITY BOARD (hereinafter referred to as the “Board”) party of the First part and the Electricity Board Executive Employees’ Union (hereinafter referred to as the “Union”) party of the Second part.
WITNESSETH
WHEREAS it is the intention and purpose of the parties hereto promote and improve industrial and economic relations between the Board and its workmen and economic well being of the country and to establish a basic understanding relative to work standards, wage rates and other conditions of employment and of means for amicable adjustment of all disputes and grievances and to achieve the highest level of workmen performance consistant with safety and good health, and
WHEREAS this Agreement has been negotiated by the party of the First Part and the Party of the Second Part and has provided new methods of procedure, and
WHEREAS in view of the experience of the previous Award and Long Term Agreement it has been felt necessary by both parties to renew methods of procedure for adjusting disputes:
Now THEREFORE, in consideration of the above and in further consideration of the mutual benefits and advantages to be derived therefrom the parties hereto mutually agree as follows:-
ARTICLE I
PURPOSE AND INTENT OF THE AGREEMENT
1. The purpose of this Agreement is to provide orderly collective bargaining relations, to secure prompt and fair disposition of grievances, to establish fair work standards, fair wages and other working conditions, to maintain harmonious relationship between the workmen and the Board to prevent strikes, lock-outs and slowdown, to attain efficient and ininterrupted working and to promote the stability and prosperity of the Board for the benefit of all who are dependent on it.
2. For achieving the above objectives, the Board and the Union agree to encourage the highest possible degree of friendly co-operative relationship between their respective Representatives at all levels and with and between all workmen. The Board and the Union believe that this goal depends primarily on attitudes between people in their respective organizations and at all levels of responsibility. Both parties believe that proper attitude must be based on full understanding of and regard for, the respective rights and responsibilities of both the Board and the Union.
ARTICLE II
SCOPE OF THE AGREEMENT
3. This Agreement shall apply to the Board’s employees known as Executive Employees (other than Drivers of Vehicles) and the Union and the Board shall be bound by the terms of this Agreement for the full period hereof and workmen who are known as Executive Employees (other than Drivers of Vehicles) shall be entitled to the benefits as laid down in this Agreement.
ARTICLE III
RIGHTS AND RESPONSIBILITIES
4. It is agreed that the respective rights and prerogatives of the Management and the Workmen will be respected by both parties and that effective steps will be taken from both sides to discharge the joint responsibility towards fulfillment of objectives of this Agreement.
5. It is agreed that the Board will recognize the Electricity Board Executive Employees’ Union, Cochin as the sole collective bargaining agent of the category of workmen known as “Executive Employees” in the Board, other than Drivers of vehicles.
6. The Union accepts that it is the responsibility of the Management to maintain discipline and efficiency in the organization, and the right of the Management to discipline and discharge workmen for just cause and transfer and relieve workmen from duty because of inefficiency or lack of work is expressly recognized subject to the provisions contained in the Certified Standing Orders for Executive Employees as modified from time to time, and the right of appeal through the Grievance Procedure adopted by the Industrial Relations Committee of the Board.
7. It is agreed that placement and distribution of personnel are the responsibilities of the Management subject to the right of appeal through the Grievance Procedure.
8. It is agreed that the right to plan, direct and control operations of the Board, to introduce new or improved methods of work are solely and exclusively the responsibilities of the Management. The Management’s authority to perform these and other duties will be respected in every case. In case any order issued in the discharge of these duties is considered a cause for grievance, workmen should in the first instance obey the order and then proceed for the redress of the grievance in accordance with the Grievance Procedure.
9. It is agreed that it is the right of the Management to make such reasonable rules and regulations, not in conflict with any Agreement or Statutes in force, as it may from time to time deem best, for the purpose of maintaining order, safety or effective operation of the Board’s work and to require compliance thereof by workmen. Failure to comply with such rules and regulations will amount to punishable offence which will not be supported or encouraged by the Union. The workmen and the Union, however, will have the right to take up the matter through the Grievance Procedure.
10. It is agreed that shift assignment, work allotment, transfer, promotion, demotion etc., shall be the responsibility of the Management provided, however, that when this amounts to a punishment, remedies can be sought for through the constitutional Grievance Procedure.
11. It is agreed that the Management will not support or encourage any unfair labour practice and shall take effective steps to put a stop to such practice if and when adopted and brought to the notice of the Management. Interfering with the right of workmen to become or continue as members of the Union, discrimination, restraint or coercion against any workmen because of membership in the Union, interfering with, restraining or coercing workmen in the exercise of their rights to organize, form or join their Union or abusing authority to victimize a workman wrongfully and maliciously will be considered and unfair Labour practice.
12. It is agreed that the Union will not support or encourage any unfair Union practice, e.g., utilizing workmen’s official status to further Union activities, carrying on Union activities during working hours, divulging confidential information of the Board to the Union or outsiders, adopting unconstitutional methods for furtherance of Union demands, holding Union meetings within the Board’s premises, etc. Joining the Union will be a matter of free choice to the workmen.
13. It is agreed that the strict discipline will be maintained in the offices and other work places and that violation of discipline which amounts to a punishable offence will not be encouraged or supported by the Union.
14. It is agreed that the certified Standing Orders in force at present or as modified from time to time will be respected and violation of this will amount to punishable offence which will not be supported or encouraged by the Union.
15. It is agreed that for the purpose of redress of grievances, consitutional procedure as laid down in the Grievance Procedure adopted by the Industrial Relations Committee of the Board will be followed. Unconstitutional methods, e.g., demonstrations inside the Board’s premises, intimidation, coercion, violence, use of abusive language, posting and distribution of unauthorized pamphlets or posters inside the Board’s offices, willful damage to the Board’s property, slow-down of work etc. will not be supported or encouraged by the Union. Any workman or workmen adopting such unconstitutional method or methods will be laible to punishment.
ARTICLE IV
WORK NORMS
16. The Union and Management agree that the work norms fixed by the parties as per Agreement dated 31/12/1971 and the crew strength fixed by the management in consultation with the Union on the basis of such work norms will be maintained during the period of this Agreement.
17. The parties agree to make continuing efforts to improve work methods and to rationalize crew strengths.
18. No employee will be retrenched or his wages as agreed to herein reduce, as a consequence of rationalization.
ARTICLE V
WAGES AND SALARIES
19. The Board shall pay basic wages/salaries to the permanent employees in accordance with the new wage and salary grades agreed to and accepted by both parties, as given below:-
Category Existing Scale Revised Scale
Line Helper 90-5-140 100-5-135-6-165 Cleaner Note:-
Boat Cleaner 1. The minimum pay of a promotee will be
Chainman Rs.110/-
Oilman 2. An employee belonging to any of these
Lorry Cleaner categories in service as on 1-10-1971
Oilman-cum-cleaner will start at Rs.110/-, if his pay under the
Valve House Operator Grade II fixation provided for in this agreement
Signaller Grade II does not give him a pay higher than
Boatman Rs.110/- per mensem. In any event an
Blue Printer employee will be entitled to the minimum
benefit provided for under clause (e).
Asst. Engine Driver Signaller Grade I 100-5-160 120-5-135-6-159-7-180
Asst. Filter Operator
Asst. Lineman
Meter Room AttenderValve House Operator
Yard Mechanic Gr.II
Fitter Grade II
Intake Watcher 105-6-165- 7½-180 125-6-155-7½-200
Mechanic
Operator Gr.II
Dam Operator
Estimate Copyist
Sr. Asst. Lineman 105-6-165-7½-180 125-6-155-7½-200
 |
Work Superintendent
Fitter-cum-Welder 130-6-154-7-182-8-222-9-240 135-7-163-8-211-9-265-10-275
Fitter-cum-Crane Operator
Fitter-cum-Blacksmith Note:
Attender-cum-Operator 1. The minimum pay of a promotee will
Winch Operator-cum- be Rs.149/-.
Mechanic 2. An employee belonging to any of
Fitter-cum-plumber these categories in service as on
Fitter Grade II 1-10-1971 will start at Rs.149/-, if
Tracer his pay under the fixation provided
Boat Driver for in this agreement does not give
Roller Driver him a pay higher than Rs.149/- per
Winch Driver mensem. In any event an employee
Yard Mechanic I will be entitled to the minimum benefit
Surveyor Grade II provided for under clause (e).
Lineman
Turner
Cable Jointer Gr. I
Filter Operator
Crane OperatorFitter Grade I
Winch Operator
Mechanic Grade II
Operator Grade I
Foreman Grade V
Meter Mechanic Gr.II
Overseer Grade II 140-7-175-8-223-9-250 154-8-202-9-247-10-257-11-290
Note:
1. The minimum pay of a promotee will be Rs.170/-
2. An employee belonging to any of these
Categories in service as on 1-10-1971 will
Start at Rs.170/-, if his pay under the fixation provided for in this agreement does not give him a pay higher than Rs.170/- per mensem. In any event an employee will be entitled to the minimum benefit provided for under clause (e).
Surveyor Gr. I Telephone Mechanic 185-10-305 200-10-260-12-320-15-350
Teleprinter Mechanic
Tractor Driver Dam Superintendent 225-15-375 245-15-335-17½-405-20-465 Coil Winder Note:
Meter Mechanic Gr. I 1. The minimum pay of a promotee will be Engine Driver Rs.275/-.
Mechanic Grade I 2. An employee belonging to these
Meter Tester categories in service as on 1-10-1971
Cable Jointer Gr.I will start at Rs.275/-, if his pay under
Foreman Gr.IV the fixation provided for in this agree-
Foreman Gr.III ment does not give him a pay higher
Overseer Gr.I than Rs.275/- per mensem. In any
Senior Operator event an employee will be entitled to
the minimum benefit provided for
under clause (e).
20. WEIGHTAGE: 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.
21. 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 (20) should be added to the pay so calculated and the aggregate amount so arrived at will be taken as the pay on 1/10/1971 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 31/12/1971 should get by way of pay revision, fixation and weightage has 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.
22. OPTION
The revised scales of pay will take effect from 1/10/1971 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 two months from the date of this settlement and the 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 1/10/1971.
ARTICLE VI
ALLOWANCES
23. A Night allowance of Rs.0/75 (Seventyfive paise) per shift will be paid to an employee whenever he works in a shift falling between 12 midnight and 4 A.M. with effect from 1/5/1972 subject to the following conditions:
(a) This allowance will be paid only for one shift in a day at any place.
(b) It will not be paid in places where shift duty allowance is payable.
24. The rates of spread over allowance shall be revised as follows with effect from 1/10/1971.
Existing rate Revised rate
Rs. Rs.
15/- 27/-
20/- 32/-
25/- 35/-
25. Any other allowance now paid exclusively to executive employees (other than Drivers of Vehicles) will be continued to be paid at the same rates as exist immediately before this Agreement.
26. Dearness and other allowances which are common to all or any other categories of employees under the Board will be decided after joint discussions with all the other recognized Unions concerned.
ARTICLE VII
GENERAL
27. The number of posts of Assistant Linemen to be upgraded to that of Senior Assistant Linemen will be determined and Assistant Linemen will be promoted to these posts on the basis of seniority and merit. The posts of Assistant Linemen falling vacant will be abolished.
28. The pay scales of Junior Engineers fixed in Board Order No.EB.II-24189/71 dated 12/1/1972 in accordance with the Award of the Minister of Electricity and Labour will continue to be in force till 31/12/1973 as per the above Board Order.
29. No basis shall exist for a workman to allege that a wage/salary rate inequity exists and no grievance on behalf of a workman alleging wage/salary rate inequity shall be filed or processed during the term of this Agreement.
30. It is agreed that there shall be no demand for any further increase in wages or allowance and that the provisions of this Agreement fully define and limit the obligations and responsibilities of the Management towards its workmen for the period covered by this Agreement, on issues specifically provided in this Agreement.
31. This agreement is to be construed as one entered into by the parties under Section 2(p) of the Industrial Disputes At, 1947, as amended and copies duly signed by the parties will be forwarded to the State Government, Labour Commissioner and Conciliation Officer as provided therein.
ARTICLE VIII
TERMINATION
32. The provisions of this Agreement will come into force from the first day of January 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.
33. 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 duly authorized officers and representatives, this the day and year first above written.
For and on behalf of
ELECTRICITY BOARD EXECUTIVE EMPLOYEES’ UNION
Sd/- Sd/-
C.U. KURIAN, P.K. GOPALAKRISHNA PILLAI
Vice-President. General Secretary.
For and on behalf of
KERALA STATE ELECTRICITY BOARD
Sd/- Sd/- Sd/-
M. RAMACHANDRAN P.N.K. PILLAI M.P. NARAYANA MENON
Accounts Member Hony. Personnel Adviser Personnel Officer.
Witnesses:-
1. A. Gopalakrishnan,
Stenographer,
K.S.E. Board Secretariat, Sd/-
Trivandrum.
2. Grace Freeda Cyril,
Superintendent, Sd/-
K.S.E. Board Secretariat,
Trivandrum.
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