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 India ;
3.
Bharatiya Chah Parishad ;
4.
Assam Tea Planters’ Association;
5.
North Eastern Tea Association;
AND
The employees
represented by the Assam Chah Mazdoor Sangha.
PRESENT:
REPRESENTATIVES
OF THE EMPLOYERS:
1. Shri S. Sikand
2. Shri M. Dasgupta
3. Shri Arijit Raha Indian Tea
Association
4. Shri D. Kakati
5. Shri S. Ghosh
6. Shri G.K. Sharma
7. Shri Kalyan Basu
8. Shri J.N. Baruah Tea Association of
India
9 Shri R.Paul
10.Shri R. Dahatia
11.Shri K.K. Saharia
12.Shri A.R. Kasera
13.Shri K. Sensowa Bharatiya Chah
Parishad
14.Shri R. Borhakur
15.Shri D.N. Baruah
16. Shri Raj
Barooah Assam Tea Planters Association
17. Shri D
Bora
18. Shri D. K. Dowerah North Eastern tea Association
REPRESENTATIVES OF THE EMPLOYEES:
1. Shri P. S. Ghatowar. President,
ACMS.
2.
Shri M. S.
Khandait. General Secretary, ACMS.
3. Shri L. S. Tanti
4. Shri R. P. Singh
5. Shri N. Tanti
6.
Shri B. N.
Bhuyan
7. Shri A. K. Tirki
8. Shri
S. N. Tanti
9. Shri B. B. Tanti
10. Shri C. K. Proja
11. Shri G. Lohar
2.
Md. Nassiruddin
13. Shri H. Dutta
14. Shri N. Patra
15. Shri D. S. Kujur
16. Shri S. S.
Gaur
17. Shri
U.
N. Sahu
18.
Shri P. Nag
19. Shri H. N. Gaur
20. Shri T. S. Kurmi
21.
Shri H. L. Robidas
22.
Shri M. R. Patowary
23. Shri R. Gowala
24. Shri D. Tanti
25. Shri S. Tanti
26.
Shri S. Das
27. Shri P. C. Kumbhakar
28. Shri K. P. Bhumij
SHORT RECITAL:
The
Memorandum of Settlement dated 11th August, 2001 having expired on 31st March,
2003, bilateral discussions were held between the Employers’ Associations and
the Employees’ Union for revision of pay scales for Subordinate Staff and Other
Monthly Rated Employees as raised by the
Union on various date.
Following several rounds of discussion,
finally on 10th April, 2006 at Dibrugarh a settlement was arrived at
on the Following terms:
TERMS OF SETTLEMENT:
With
effect from 1st October, 2005 the new pay scales will be as follows
for the workers of Assam
Valley:
FOR ESTATES OF 250 ACRES AND ABOVE:
Grade I : Rs. 1433 – 19 – 1623 –
24 – 1863
Grade
II : Rs. 1378 – 17 – 1548
– 20 – 1748
Grade
III : Rs. 1313 – 17 – 1483
– 20 – 1683
FOR ESTATES OF BELOW 250
ACRES:
Grade
I : Rs. 1378 – 17 – 1548
– 20 – 1748
Grade
III : Rs. 1313 – 17 – 1483
– 20 – 1683
1(b).
On the Basic Pay as per scales mentioned in Clause 1(a), Dearness
Allowance of 40% will be paid.
1( c) The Basic pay and Dearness Allowance as per Clause
1(a) and 1(b) of the Memorandum of Settlement will together correspond to the average
All India Consumer Price Index Number
for year July 2004 – June, 2005 being
3144 (1949= 100).
1 (d). To neutralize any rise in the
average All India C. P. I. Number there will be a provision for payment of V.
D. A. During the periods beginning 1st October,
2006 and 1st October 2007. For the above periods the V. D. A. will be paid at the
rate of 0.3% of basic pay per point rise In the average increase in the 2006 –
07 subject to the maximum of 20 point rise during any of these periods. Any
excess over this limit will be carried forward to the subsequent periods within
the tenure of this agreement.
1(e) All employees covered by
this agreement shall be fitted in the new scale at the corresponding stage (on
a point to point basis) as on 1st October, 2005 and will be given
the next increment on 1st April, 2006.
1 (f). Those employees who have already
reached the top of their respective scales prior to singing of singing of this
Agreement shall receive one increment on 01/ 04 /2006 under this Agreement.
1(g) This agreement will be given
effect to in the pay of April 2006. And the arrears arising out of this
agreement for the period form 1st October 2005 to 31st
March, 2006 would be paid in term of clause 1(i).
1(h). To cover the period from 1st
April, 2003 to 30th September, 2005, each of the employees will receive
a ‘solatium’ equivalent to eight times of his / her gross monthly
Increase granted through this agreement. However this ‘solatium’
will be proportionately reduced if the employee concerned did not or could not
work fully during the above period.
1(i) The arrears and 'solatium' arising out of this settlement would be paid
within 30th June, 2006. However those gardens which are unable to
pay the arrears within the above, period
due to financial difficulties shall refer the matter to concerned Branch
Secretary of the Assam Chah Mazdoor Sangha and the Secretary of their
respective Employers’ Associations who will determine by discussion among themselves
about the mode and date of payment of arrears.
1(j) The Agreement will remain valid up to 31st
March, 2009.
1(k) During the pendency of this
agreement the employees and Union will not
raise any industrial dispute in respect of the issues covered by this
agreement.
1(l) 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.
Representative of Employers’ Association
Representative of
Assam
Chah Mazdoor Sangha
Dated, Dibrugarh the 10th April, 2006