| Memorandum of Settlement
The Tea Industry in Assam represented by
the four Producer Association namely:
1. Indian Tea Association
2. Assam Tea Planters' Association
3.Tea Association of India
4.Bharatia Cha Parishad and -
The workers represented by: Representing the employers
1.Assam Chah Karmachari Sangha Mr. M. Lamond (I.T.A.)
2. Assam Chah Mazdoor Sangha Mr. S.K. Kanoria (T.A.I.)
3. Indian Tea Employees' Union Mr. M.L. Jalan (A.T.P.A.)
4. Cachar Cha Samik Union Mr. M. Jalan (B.C.P.)
Mr. H.P. Barooah
Representing the Workers
Mr. P. Goswami (A.C.M.S.)
Mr.G.C.Sarmah (A.C.K.S.)
Mr.J.N.
Bhattacharjee (I.T.E.U.)
Mr.J.N.Sinha (C.C.S.U.)
Mr.T.Chutiya (A.C.M.S.)
Short Retail of the Case
At a meeting of standing Labour
Committee held on the 23rd October 1969 certain demands put forward by
the Union were discussed and an agreement was reached between the parties on
the following terms:
Terms of Settlement :
1.Wages :
(i) The Daily read adult workers will be
given an increase in wages of 15 paise per day with effect form the 1st
October 1969. For employable children the increase will be 7 paise per day.
(ii) The staff (clerical, medical and
technical) and other monthly rated workers will be given adhoc increase in
pay at the rate of Rs. 8.00 and Rs. 5.00 per month respectively with effect
form the 1st October, 1969.
(iii) If by the end of November 1969 the
Government of India has not step up an Industry- wise Wages
Board suitable wage revision machinery will be set up to evolve a wage
agreement for the future which will have effect form the 1st January 1970.
2. Variable Dearness Allowance
The ceiling at 200 points on variable
dearness allowance recommended by the Wage board will be lifted with effect
form 1st April 1969, subject to continuance of the other limitations as laid
down in paragraphs (7) and (16) on pages 52 and 54 respectively of the Wage
Board Report. the arrear payment will normally be completed by 31st January
1970, provided that grades in financial difficulties may make the payment
in instalment by mutual agreement between the local unions and managements.
3. Rations
(i) All non-resident permanent, temporary
and casual (faltu) workers, as well as resident temporary and casual (faltu)
workers, will be entitled to concessional rations on the usual scales at
single rate only for the days worked with effect form the date of this
Agreement, provided that when food grains are not available cash compensation
will be paid on the basis of the difference between the concessional and the
Government control price.
(ii) In view of this Agreement all pending
legal proceedings and proceedings under the Industrial Disputes Act
regarding rations will be withdrawn by the parties concerned.
4. Employment
(i) Without prejudice to any rights conferred
by Agreement award or law the Industry will
(a) maintain the level of employment of
permanent workers obtaining as on the 1st January 1969 and
(b) similarly maintain the total number of
staff (clerical, medical and technical ) and other monthly rate workers
employed on gardens as on the 1st January 1969.
(ii) The Industry will provide permanent
additional employment to 15000 persons preferably drown form the unemployed
persons on the garden. The process and method
of employment will be considered and finalised be the employers' Associations
and thereafter lists will be submitted to the Unions. The employment will be
completed by the 31st March, 1972.
(iii) Where there has been any reduction in
the numbers of clerical, medical, and technical staff on individual estates
and the employees are as a matter of course required to work excessive
overtime the Unions may send full derails to the employers' Associations for
consideration regarding the employment of new hands.
(iv) If any garden has difficulty in
implementing the clauses regarding employment, the matter will be resolved
by mutual discussion between the Unions and Managers concerned.
5. Plucking Rates
The existing differential of 2 paise
the daily allowances (additive) of the male and female workers engaged on
plucking in the Assam Valley will be eliminated with effect form the date of
this agreement, i.e., such additive will be payable to the female workers at
the same rate as to the male workers. All other terms, conditions and rates
for plucking will remain unaltered.
6. Fringe Benefits
Free issue of tea will be made to permanent
workers at the rate of 1 1b, per family per month, provided that single
workers living on their own will be entitled to receive only 0 .5 1b per
month. Such issue of dry tea may be made monthly, bi-monthly or quarterly
according to the convenience of the management.
7. Other Issues
(i) Notwithstanding the recommendation
in Sub-paragraph
(a) (ii) of para 4.26 of the Wage Board report, with effect form 1st
April 1970 the Head Garden Mohorars/Tilla Babus will be placed in grade I of
the clerical staff. This will not apply to gardens exempted under paragraph
4.24 of the Wage Board Report. Where the basic pay of an incumbent is
bellow Rs. 220.00 on the 1st April 1970. it will be brought up to that level
form the said date, where it is already above Rs. 220.00 no additional
increment will be given.
8. DURATION.
(i) The union will not raise any fresh
Industry-wise disputes in respect of issues covered by this agreement.
(ii) The terms of this Agreement will
continue to remain binding on both the parties unless they are revoked by them or replaced by a fresh Agreement.
Representing The workers:-
Representing the Employers:
Sd/- P. Goswami, Sd/- M.Lamond
Sd/- G.C. Sarmah Sd/- S.K. Kanoria
Sd/- Jagannath Sinha Sd/- M.L.Jalan
Sd/- J. Bhattacharjee Sd/- Mahadeo Jalan
Sd/- T. Chutiya Sd/- H.P. Barooah
Witness: Sd/- B.Sarma,
Dated:- 23.10.1969 |