MEMORANDUM  OF SETTLEMENT

NAME OF PARTIES

   The Tea Industry of Assam Valley represented by the five Employers’ Associations, namely:

  1. Indian Tea Association

  2. Tea Association of Indian 

  3.  Bharatiya Cha Parishad

                          4. Assam Tea Planters’ Association

                          5. North Eastern Tea   Association

                               AND

                              The employees represented by the Assam Chah Mazdoor Sangha.

NAMES OF PERSONS REPRESENTING THE EMPLOYEES:

1. Shri S. S. Sindhu

2. Shri R. Das

3. Shri P. K. Bhattacharjee

4. Shri D. Chakraborti

     5. Shri R.  Borthakur                          Indian Tea Association

     6. Shri Sudhir Prakash

7. Shri C. Bhaduri                              Tea Association of India

8. Shri J. N. Baruah

9. Shri K.K. Saharia

   10. Shri Ranjit Chaliha

   11. Shri D. P. Bagrodia                         Bharatiya Cha Parishad

   12. Shri S. P. Verma

   13. Shri D.Bora                                   Assam Tea Planters’ Association

   14. Shri J. K. Singhania

   15. Shri D. K. Dowerah                         North Eastern Tea Association

REPRESENTATIVES OF THE EMPLOYEES

 1. Shri  M. S. Khandait (General Secretary) ACMS, Central Office

 2. Shri A.  Tirky

 3. Shri  N. Tanti

 4. Shri  N. Baruah

 5. Shri  R. Dhanowar

 6. Shri  S. Mirdha

 7. Shri  B.Tanti                                                                

 8. Shri  B.B. Tanti

 9. Shri  N. Ahmed

10. Shri  B. N. Tanti

11. Shri  C. K. Porja

12. Shri  H. L. Rodibas

13. Shri  R. P. Singh     

14. Shri  L.S.Tanti

15. Shri  G. Lohor                                                             

16. Shri  H. Dutta

17. Shri  U. N. Sanatan                                                      

18. Shri  A. Hazarika

19. Shri  D.S. Kujur                                                            

20. Shri  N. Patro

21. Shri  B. N. Bhuyan                                                      

22. Shri  S.S.Gour

SHORT RECITAL OF THE CASE:

 The Memorandum of Settlement on wage rates   for   daily rated workers employed in tea plantations in Assam, expired on 31^st October, 1999. The A. C. M. S. Raised a Charter of Demands   incorporating the following  demands among others:

1. Revision of wages for daily rated workers.

2. Wages for weekly day of rest. 

Bilateral discussions/negations took place between the Assam Chah Mazdoor Sangha and the Employers’ Association representing the tea industry in the Brahmaputra Valley on different dates. During  discussions the Employers’ Associations explained that with regard to wages for weekly day of rest, which the Union had raised in course of the negotiations, the – principle of fixing minimum  wagers had always been that the requirement of the family unit of a workers for all days was considered and incorporated in the minimum wages, in such a way that payment of six days’ wages in a week covered the requirement of the worker and his family for 7 days. This principle was explicitly followed by the first Minimum Wages Committee for Tea Plantation Workers in Assam set up in 1950 under Government Notification No. GLR. 352/ 51/56 dated 11/03/ 1952 and headed by Shri P. P. Chetia. There was no deviation from this principle in subsequent minimum wages notification and the rates fixed through collective bargaining and there fore the wage component for the weekly day of rest was and has been always included in the wage rates.

TERMS OF SETTLEMENT :

1. The existing rates of wages of the daily rated adult workers in the tea estates of Brahmaputra  Valley will be increased as under:

                             Period                                                                   Adult 

                From 1/ 11/ 1999      to   30/ 04/ 2001                         Rs.  6.00

                From 1/ 05/ 2001      to   31/ 08/ 2002                         Rs.  5.45

                From 1/ 09/ 2002      to   31/ 12/2003                          Rs.  5.45

2. It has been further agreed that zonal differences in wage rates prevailing at present will be abolished in a phased manner during the tenure of this agreement and wages payable to the workers in the gardens in various districts will be as per Annexure “ A” enclosed  herewith.

3. The Employers’ Associations raised the question of stagnation in labour productivity and stressed the need for co- operation of Union in this regard. Although the matter was discussed threadbare in course of several rounds of discussions, no consensus was arrived at. Considering the importance of the matter the parties agreed to meet on 30^th March, 2000 at Dibrugarh arrive at a settlement.

4. The question of payment of wages to the non- adult workers remained unsettled and it was agreed that both the parties. Would meet at Dibrugarh on 30^th March, 2000 to fix the rate of wages for non – adult workers.

5. The increase in wages as provided for in Clause 1 of this agreement Shall be added to the current rates of daily allowance for plucking  as per Clause 5 of the agreement dated 27/ 3/ 1993.

6. This agreement will be deemed to be a “Settlement” as defined in Section 2(p) of the Industrial Disputes Act and will be binding on the parties as provided for in Section 18 of the said Act.

7. The arrear of wager from 1/ 11/ 1999 to 31/ 3/ 2000 will be paid within 31ts July, 2000 A.D.  Any garden having any difficulty regarding  settlement of arrear wages should approach the local Branch  Offices of the ACMS  for necessary accommodation

Dated Guwahati 16^th March, 2000

RATES OF DAILY WAGES FOR TEA PLANTIONS WORKERS

IN THE ASSAM VALLEY

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