MEMORANDUM OF SETTLEMENT

Dated 30th August, 2000

(Modification of Settlements dated 23.5.1989, 4.7.1989 and 5.4.1991)

Under Section 2(P) read with Section 18(1) of the Industrial Disputes Act, 1947 read with Rule 62(4) of the Industrial Disputes (Bombay) Rules, 1957.

Representing Employer(1)Shri Maganlal Doshi

President,

The Synthetic & Art Silk Mills’

Research Association,

Sasmira, Sasmira Marg,

Worli, Mumbai- 400 025.

(2)Shri U.K. Gangopadhyay

Director,

The Synthetic & Art Silk Mills’

Research Association

Sasmira, Sasmira Marg,

Worli, Mumbai- 400 025.

Representing Employees(1)Shri D.S. Bhalerao

General Secretary

Sarva Shramik Sangh

C/o. Y.V. Chavan

31, L.T.Vasahat Marg No.3

Dadar, Mumbai- 400 014.

(2)ShriS.D. Dhavle

(3)Shri K.P. Mantri

(4)Shri R.J. Mhatre

(5)Shri S.V. Mohile

(6)Shri S.S. Gawde

(Sr.No.2 to 6 employees’

representatives of SASMIRA)

SHORT RECITAL

The Synthetic & Art Silk Mills’ Research Association (SASMIRA) is a registered Public Trust registered under Bombay Public Trust Act, and also a Society registered under Societies Registration Act, 1860 having its office at SASMIRA, Sasmira Marg, Worli, Mumbai- 400 025.

SASMIRA has signed an agreement dated 4.7.1989 with the majority of employees whose names are mentioned in the Annexure to the said Settlement, revising their Pay Scales, D.A. and other benefits. The said agreement was valid upto 31.12.1991.

Employees who were not covered by the above settlement had been extended the benefits by mutual consent with effect from 1.4.1989.

The employees who are members of the Sarva Shramik Sangh a trade union registered under the Trade Union Act, 1926 had represented that the pay scales of all the employees working in SASMIRA be revised and demanded that they be paid salaries and allowances at par with those paid by the Central Government and whereas the Management of SASMIRA through its President had negotiated on modifications of pay scale, Dearness Allowance, etc. in the then existing pay scales of different classes of employees. Both SASMIRA and Sarva Shramik Sangh (representing at present majority of the workmen and employees) of SASMIRA had agreed to certain modifications. The said modifications were discussed from time to time and finally the Union and the employees entered into an agreement on 5.4.1991. The said agreement expired on 31.12.1993 and the Union terminated this settlement as per the provisions of law vide letter dt.2.11.1995.

The Union thereafter served its charter of demand on 2.11.1995. The representatives of the Union and the Management held various discussions in respect of the issues detailed in the charter of demand followed by various litigations and finally the Management and the Union and the employees have arrived at a settlement on the following terms and conditions.

The Union Sarva Shramik Sangh approached the Commissioner of Labour in June 1999. The Signing of this settlement in conciliation was delayed and the Union informed it’s decision to withdraw the proceedings pending before the Asstt. Commissioner of Labour and requested to sign a settlement u/s. 2(P) 18(i) read with Rule 62(4) of Industrial Disputes Act, 1947, which was found to be proper in the present situation. Hence the parties are signing this settlement u/s. 2(P) 18(i) of Industrial Dispute Act, 1947 read with Rule 62(4) of I.D. Bombay Rule, 1956 on the following terms and conditions :

TERMS OF SETTLEMENT:

It is hereby agreed by and between the parties as follows :

IIt is mutually agreed by and between the parties the working conditions of the employees shall differ depending upon the nature of work and depending upon areas of activities of SASMIRA. It is further agreed that the Association will deploy its staff as deemed necessary, in different divisions under its control.

IIIt is mutually agreed by and between the parties and every individual employee as far as one is concerned, that the one’s pay scale shall be as per the details mentioned in the option form submitted by each individual during October, 1997. The payment of arrears arising out of implementation of final recommendations of Fifth Central Pay Commission in respect of Basic Pay, Dearness Allowance, House Rent Allowance and City Compensatory Allowance has been made.

IIIIt is mutually agreed by and between the parties that future changes in Basic Pay, Dearness Allowance, House Rent Allowance and City Compensatory Allowance shall be implemented in accordance with Central Government Pay structure from time to time, and SASMIRA will follow Central Government Pay Scales for its employees, except for the staff taken on rolls on or after 15th March, 1999 of SASMIRA’s Institute of Man-made Textiles who will be governed by the pay scales and allowances followed by Directorate of Technical Education, Govt. of Maharashtra. It is also agreed that financial position of the Association will be kept in mind by both the Management and the Union while implementing such changes.

IVIt is mutually agreed by and between the parties that revision in the pay scales and service conditions of the employees working in Sasmira’s Institute of Man-made Textiles shall be effected from time to time as per the directives of Directorate of Technical Education, Govt. of Maharashtra. It is further agreed that pay and allowances, service conditions, norms etc of the Directorate of Technical Education, Govt. of Maharashtra will alone be applicable to the new employees who are employed in the aforesaid Institute on or after 15.3.1999 and they will not be entitled to the pay, allowances and other benefits applicable to SASMIRA’s other employees.

VIt is mutually agreed by and between the parties that the washing allowance to the entitled staff shall be at the rate of Rs.50.00 per month with effect from 1st April, 2000.

VIIt is mutually agreed by and between the parties that appropriate medical insurance scheme for the employees who opt for the same, will be implemented, in consultation with the Union and 50% of the premium, subject to maximum of Rs.800.00 per year per employee will be reimbursed by the Association. It is further agreed that existing practice of payment of medical allowance of Rs.700.00 per annum payable in two equal installments will continue.

VIIIt is mutually agreed by and between the parties that Leave Travel Allowance shall be paid once every two years at the rate of one month’s basic pay. The L.T.A. shall be payable as per Annexure “A” to this settlement.

VIIIIt is mutually agreed by and between the parties that overtime wages or compensatory off in lieu thereof shall be in accordance with Annexure “B”.

IXIt is mutually agreed by and between the parties that the working hours shall be governed by Annexure “C” to this Settlement.

XIt is mutually agreed by and between the parties that Leave Rules shall be as per Annexure “D”.

XIIt is mutually agreed by and between the parties that the working hours for sub-ordinate and maintenance staff and also employees engaged in the Workshop shall be from 9.00 a.m. to 5.30 p.m. (Lunch break of 30 minutes) with effect from 1.9.2000. A review of such working hours will be carried out after three months from the date of this settlement and final decision on the working hours of the said categories of employees will be taken by the Association after review. It is also agreed that staggering working hours of the employees may be followed wherever necessary, as decided by the Association.

XIIIt is mutually agreed by and between the parties that the limit of accumulation of earned privilege leaves by an individual who is presently on roll of SASMIRA shall be revised to 300 days from the previous limit of 240 days with effect from July, 1996.

XIIIIt is mutually agreed by and between the parties that no other benefit and/or allowances other than covered in the agreement shall be payable to employees.

XIVIt is mutually agreed by and between the parties that the promotion policy for Sasmira employees shall be as per Annexure 'E'. It is also agreed that the basic principle of promotion will depend on seniority cum merit as assessed from employees’ performance on the basis of Annual Confidential Report. Central Government procedure for initiating, reviewing, etc. of the confidential report will generally be followed. Modalities of clearing backlog of career advancement/promotion will be finalised in consultation with the representing Union signing this settlement by October 2000.

XVThis settlement shall remain in force for a period of three years with effect from 1st April, 2000.

XVIIt is mutually agreed by and between the parties that the terms referred hereinabove are full and final settlement and there shall not be any further demand or claim imposing any burden either financial or otherwise upon the Management during the pendency of this settlement.

XVIIIt is mutually agreed by and between the parties to maintain the spirit of co-operation and efficient working of the Association.

XVIIIIt is mutually agreed by and between the parties to maintain peace, normalcy and dignity of the Association.

XIXIt is mutually agreed by and between the parties that the present settlement supercedes all previous settlements, orders etc. in this respect, in so far as specifically provided.

XXThe benefits of this settlement shall be applicable and extended to every employee of the Association who signs this settlement in token of acceptance of all the terms of settlement in toto.

1. ______1.______

(Y.K. KUSUMGAR)(D.S. BHALERAO)

2. ______2. ______

(M.K. BARDHAN)(S.D. DHAVLE)

3.______

(K.P. MANTRI)

4.______(R.J. MHATRE)

5.______

(S.V. MOHILE)

6.______

(S.S. GAWDE)

Mumbai, dated 30th August, 2000.

Witnesses:

  1. Dr. R.K. Sarkar ______

2. Shri P.A. Zachariah ______

Annexure “A”

LEAVE TRAVEL ALLOWANCE (SASMIRA LTA RULES 2000)

  1. All the employees, who have completed 2 years of continuous service on the date of the leave to be taken, are eligible for L.T.A.
  2. Such employee shall be paid LTA at the rate of one month’s Basic Pay and the payment shall be made prior to proceeding on such leave or after resumption from leave as per the choice of the concerned employee.
  3. The member shall avail of minimum 5 days of any leave other than Sick Leave, pre-sanctioned.
  4. LTA shall be admissible in a block of 2 financial years (April-March). The present block being April 2000 to March 2002.
  5. The date of commencement of leave is considered for admissibility in the particular block of 2 years.
  6. The basic pay will be that of the month in which he proceeds on such leave.

Annexure “B”

OVERTIME

Overtime wages shall be paid as follows :

a)For the employee working in Sasmira:

For the period upto 48 hours of working in a week, at the rate of single-the rate of normal wages.

For the period over and above 48 hours a week, overtime wages shall be paid at the rate of one-and-a-half time of the normal rate of wages.

b)The present practice of calculation of working hours during any week and grant of overtime wages shall continue as it is.

c)Employees will be entitled for overtime wages at the discretion of the Association, only if they work extra hours at the Head Quarters of the Association or at the place of their permanent posting. No overtime wages will be applicable while on official tour.

The following cadres of employees shall not be eligible for overtime wages:

  1. Lecturers
  2. Asstt. Lecturers
  3. Employees in the grade of 5500-175-9000 and above

Compensatory Off (C.O.)

  1. Compensatory Offs shall be credited for minimum one hour and in multiples of ½ hour thereafter of extra duty hours on working day/weekly off/holidays etc. except for the following staff.
  1. Lecturers
  2. Asstt. Lecturers
  3. Employees in the grade of 5500-175-9000 and above
  1. The categories mentioned above, compensatory off shall be credited only if more than 3 extra hours is put on duty on any one working day/weekly off/paid holidays etc.
  2. The employees should avail of the CO’s within 3 months from the date of earning such CO’s.
  3. CO’s can avail for minimum of 4 hours within multiple thereof. Whenever the total hours available or not in such multiple, the employee can avail CO of such hours over and above highest multiple of 4 hours.
  4. CO’s can be combine either with Casual Leave or with PL but not with both, or the same period of availing of CO’s.
  5. Employee will be entitled to avail of Compensatory Off, at the discretion of the Association, only if they work extra hours at the Head Quarters of the Association or their place of permanent posting. No Compensatory Off will be applicable while on official tour.

Annexure “C”

WORKING HOURS

  1. Subordinates and Maintenance Staff as also employees engaged in the workshop:

9.00 A.M. to 5.30 P.M.

Lunch Break of 30 minutes

(This will be reviewed by the Association after 3 months from the date of implementation)

IIAll others:

10.00 A.M. to 5.30 P.M.

Lunch Break of 30 minutes

Number of working days in a week will be Five.

IIILecturers and Teaching Staff may be required to work from 8.30 A.M. to 5.00 P.M., depending upon the exigencies of work.

IVNumber of working days in a week at PSC I, PSC II and CAD Centre at Bhiwandi will be from Monday to Saturday as follows:

1)Subordinate, Maintenance Staff as also employees

engaged in Pilot Plant:

9.00 A.M. to 5.30 P.M.

2)All Others: 10.00 A.M. to 5.30 P.M.

The employees at Bhiwandi will work six days a week with the proviso that the employees will take alternate Saturday off and the same will be staggered among the staff in such a way that services in PSC I, PSC II and CAD Centre will be available on all Saturdays. The pattern of staggering will be decided by the Association. Fifth Saturday, if any, in a particular calendar month will be working day for all employees at Bhiwandi.

Annexure “D”

LEAVE RULES

The Leave Rules shall be called the Synthetic & Art Silk Mills’ Research Association (Leave) Rules 2000.

  1. Interpretations:
  2. “Association” shall mean the Synthetic & Art Silk Mills’ Research Association, Mumbai.
  3. “Employees” means any person in employment of the Association or salaried officer of the Association.
  4. Words imparting masculine gender shall include feminine gender and vice versa.
  5. Words imparting singular number shall include the plural number and vice versa.
  6. “Pay” shall mean unless explained for any specific purpose the basic pay.
  7. Classification of Leaves

i)Casual Leave

ii)Privilege Leave

iii)Vacation

iv)Sick Leave

v)Leave without Pay

vi)Maternity Leave

vii)Study Leave

viii)Special Leave

  1. General Principles
  2. Leave cannot be claimed as a matter of right
  3. The leave sanctioning authority may refuse, revoke or curtail leave of any kind as situation or exigencies of service might demand. However, such an action by the Association shall not be unreasonable.
  4. It is not open to the sanctioning authority to alter the kind of leave due and applied for.
  5. Leave of one kind taken earlier may be connected into leave of different kind at a later date at the request of the employee and at the discretion of the authority who granted the leave.
  6. An employee will be allowed to suffix and/or prefix any holiday/holidays to the leave to be availed. However any intervening holiday/holidays including weekly off/offs during the period of leave will be counted as part of the leave period and shall not be excluded except in the case of casual leave and compensatory offs.
  7. An employee shall apply in writing to the Association for availing of the leave in the prescribed form available with the office of the Association. Such application shall be made in advance and employee shall not proceed on leave without prior sanction by the Association. However, the Association may in special cases, sanction leave on the application made on the eve of proceeding on leave or ex-post facto. No employee will leave the place of work without punching his attendance card during the duty hours.
  8. If any employee, after proceeding on leave requires an extension thereof, an application for the purpose shall be made to the Association well in advance of the expiry of the leave and ensure that Association has sanctioned the leave sought for. A written reply either of the grant or the refusal of the leave may be sent to the employee at the address in the records of the Association given by the applicant. However, failure to receive a reply from the Association will not be treated as valid reason for the applicant to proceed on leave without confirmation.

3.8An employee is liable to disciplinary action, if he remains absent without sanction of leave or overstayed of leave without proper sanction. Such leave may be treated as leave without pay for such periods and periods will not be counted for increment.

3.9All leave records and calculations of leave will be according to calendar year, and will generally be calculated from 1st January of each year. However, if any employee joins after January of the relevant year, he may be considered to avail of his leave proportionately, at the discretion of the Association.

  1. Casual Leave (CL)
  2. All employees shall be granted 8 casual leaves in a calendar year. This will be effective from 1.1.2001.
  3. Not more than 4 casual leaves shall be allowed during the 1st half of the calendar year and the balance casual leave shall be allowed in the 2nd half of the calendar year. Exception, if any, may be made at the discretion of the management.
  4. Casual leave shall not be prefixed or suffixed with privilege leave and cannot be combined with joining time.
  5. Casual leave can be prefixed and/or suffixed to public holidays/weekly off/compensatory off/sick leave and in such cases the leaves/holidays falling during the period of casual leave will not be counted as paid of casual leave provided the casual leaves was pre-sanctioned.
  6. Casual leave can be taken for half-day also and the lunch interval shall be the dividing line for such leave.
  7. An employee shall not avail casual leave exceeding 3 days at a time. However, limit of 3 days may be extended on the merit of the case, at the discretion of the sanctioning authority.
  8. Casual leave will not be allowed to be accumulated and to be carried forward to the next year and will not be encashable.
  9. Late coming on 4 occasions in a calendar month of maximum of 30 minutes on each occasion will be allowed. Any additional incidence of late coming on expiry of 4 occasions will attract deduction of ½ day casual leave on each occasion. No privilege leave or sick leave will be allowed to avail by any employee against late coming.
  10. Privilege Leave (PL)
  11. Privilege Leave (earned leave) will be earned by the employee in addition to any other leave he is entitled to at a rate of 1 day for every 11 years of his service subject to a maximum of 33 days in a calendar year.
  12. For purpose of calculating the PL due to an employee his probation period of service with the Association, if any, will be taken into account.
  13. Ordinarily an employee shall be granted privilege leave for a minimum period 4 (four) days at a time but not more than two occasions in a calendar year. In case of special circumstances, the Association may consider granting PL on more than 2 occasions.
  14. In case employees who join/retire/resign/removed/dies in the middle of a calendar year credit will be afforded at a rate of 2 ¾ days for each completed calendar month of services subject to a maximum of 33 days in a calendar year. While affording credit, fraction of a day should be rounded off to the nearest day e.g. 7 ½ days to be rounded off as 8 days.
  15. Privilege leave can be accumulated upto 300 days.
  16. An employee may be granted PL for a continuous period of only upto 120 days at a time. Exception may be considered on the merits of the circumstances by the Association. However, PL may be availed at a time upto 300 days in the case of leave preparatory to retirement.
  17. An employee shall be entitled to encash his PL accumulated to his credit at the end of his services under the Association at the rate of pay last drawn by way of leave salary.
  18. An employee should get his PL sanctioned at least 10 days in advance from the date of his proceeding on leave, unless in case of urgent cases or in unforeseen circumstances, a shorter notice may be acceptable at the discretion of the Association.
  19. Casual leave cannot be prefixed or suffixed to PL.
  20. Holidays/weekly offs can be prefixed or/and suffixed to PL but in all other cases when weekly offs/holidays fall between the 1st and the last days of the leave period it (they) shall be counted as part of the leave taken.
  21. The Association may in case of exigencies of services, call back any employee from leave for duty and in such case it shall be the duty of such employee to resume duty forthwith. However, such employee in such an event shall be entitled to the travelling and incidental expenses for such rejoining the duty in case he was out of station at the time when he is called back to resume duty.
  22. While granting the leave, the leave sanctioning authority will take into account the employees convenience. However, the authority will also have to ensure that proper manpower exist for work at any given time in such department of the Association and regulate the number of employees availing PL at the same period.
  23. An employee will be allowed to proceed to PL after completion of one year of his service to the Association.
  24. PL will not be credited to vacation staff unless specified under rules for vacation.
  25. Vacation
  26. Categories of vacation staff.

(a) Principal, (b) Lecturers (c) Asstt. Lecturers, (d) Lab. Assistants in Education Department (e) Supporting staff such as Lab. Attendants, Clearners etc., utilised for teaching purposes (f) all other staff as will be specified during appointment or notified later.