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CHAPTER –VI
LABOUR - MANAGEMENT RELATIONS
IN SINGARENI COLLIERIES COMPANY LTD., KOTHAGUDEM
6.1 INTRODUCTION :
The historical background of the establishment of Singareni
Collieries Company Limited, Industrial disputes, grievance procedure,
dispute settlement machinery, standing orders, trade union movement,
political affiliation of trade unions recognition of trade unions and
collective bargaining agreements are elaborately discussed and presented in
this chapter.
The role of managements in settlement of industrial disputes in any
industry is very important for the maintenance of labour and management
relations. The labour management or settlement of industrial disputes
systems are resulted on a frame work of labour law, which execrates an
influence on the nature of industrial relations approach.
The role of law for the settlement of disputes will have to be
examined in resolving the conflicts between the labour and management.
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Always the approach of the management is in refusing the grievances or the
demands submitted by the workers with a view to earn more profits.
The workers also on many occasions pressurize the managements to
accede their demands or grievances. Therefore the labour management
relations will have to be maintained by both the parties.
In any working situation people need to co-operate with each other
to extract maximum gain for themselves, for managements and for society
as a whole. Co-operation is not easily obtained as people working together
have conflicting interest. Employees are primarily concern with the security
of their jobs and what they can earn, and the employer with what they can
produce as cheaply as possible to obtain maximum profit. When these
conflicting interests have taken different forms and shape the State has
often stepped into protect some of these interests through legal control.
Labour law has amply demonstrated the sociological theory as the law is a
social institution which seeks to balance conflicting interests and to satisfy
as many claims as possible with the minimum friction.
To extract an in-depth analysis on the concept of settlement of
industrial disputes between the management and the labour, the researcher
has studied and examined the labour-management relations that have been
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prevailing in Singareni Collieries Company Limited, Kothagudem1. As
SCCL is one of the important coal mining industries in India, which is
situated in the State of Andhra Pradesh has been selected as a sample for
the study.
In any developing economy coal mining industry occupies an
important place, because of two factors, which are shown below.
(1) The coal is the basic industry which supplies power and fuel to
many other basic and important industries like iron and steel,
railways, shipping and construction industries.
(2) Coal is essential to generate power and forms of energy for the
consumers and industries.
The coal industry plays a strategic role in the development of any
country. Despite the development of alternative fuel sources like electricity,
petrol and solar energy, coal continues to be used as a major fuel material in
many industries.
With regard to the evolution of coal industry in India it can be said
that the public sector participation in the systematic development of coal
started in the year 1956, when the National Coal Development Corporation 1 Hereinafter referred as SCCL
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(NCDC) was established with the erstwhile state collieries as nucleus. The
Government of India has contributed to the development of coal industry
with a special emphasis on Singareni coal fields, which are owned by the
Government of Andhra Pradesh.
6.2 Historical Background of the SCCL :
Coal was discovered by Dr.William King of the Geological Survey
of India discovered coal near the village of Yellandu in Khammam District
of Andhra Pradesh State in the year 1871. The Hyderabad Deccan
Company was incorporated in England in the year 1886. The Company was
incorporated on 23rd December, 1920 under the Hyderabad Companies Act
as a public limited company with the name “SCCL (SCCL)”.
In the year 1945, the Nizam of Hyderabad purchased the shares of
the company at London Stock Exchange and by, this action, brought the
company under the Government control through a Trust Fund. Thus the
Singareni Collieries Company has the distinction of being the first
Government owned Coal Company in India. After the need for massive
investment and expansion of coal sector, following the oil crisis, the
Government of India stepped into investment in SCCL
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Today the equity capital is shared in the ratio of nearly 51:49
between the Government of Andhra Pradesh and Government of India and
a very small fraction of a percent is private share holding. The loan capital
is provided entirely by Government of India. The assistance is governed by
Tripartite agreements between SCCL, Government of India and
Government of Andhra Pradesh and during the periods of VI, VII, VIII, IX,
X, XI plans the agreements were executed.
The company’s accredited function is to explore and explicit the coal
deposits in the Godavari valley coal field, which is the only repository of
coal in South India. The SCCL is engaged in coal mining activities
presently in the four districts of Andhra Pradesh viz., Adilabad,
Karimnagar, Khammam and Warangal.
As on 30.04.2010, the SCCL is a multi-unit coal mining Industry
owns- 36 under grounded mines and 14 open cast projects with a man
power of 68,844.
SCCL has several strategic advantages ranging from huge coal
reserves to client proximity being the only coal producing company in
South India. The company harnesses its locational advantage to service a
large market in and out of its areas of operations. About 3500 major,
medium and small-scale industries from its customer list which includes
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diverse industries such as thermal power plants, steel, paper, textile,
tobacco, ceramics pharmaceuticals, distilleries etc.
SCCL supplies coal to several Thermal Power Plants including
NTPC (Ramagudam), APGENCO Power Stations in Andhra Pradesh and
power stations in Karnataka, Maharashtra and Gujarat states.
The power sector consumes 78 percent of SCCL’s coal production
and 37 cement plants situated in the state of Andhra Pradesh, Karnataka
and Tamilnadu consumes 13 percent of its coal production. The remaining
9 percent is supplied to 3400 small and medium scale industries. With the
spurt in industrial growth in the Southern States and huge increase in
demand for electricity the demand for coal production at SCCL has become
more.
6.3 Industrial Disputes:
In SCCL the problem of industrial relations has been growing in
magnitude of its activities with passage of time. The researcher has dealt
with various issues related to the performance of the company during the
last 23 years, the number of strikes, mandays lost, production lost and its
impact on SCCL.
The statements shown in the table 6.1 with number of strikes,
mandays lost and production from the years 1988 to 2010.
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Table 6.1
The SCCL., number of strikes man days lost and production lost from
1988-89 to May 2010
Sl.
No.
Year No. of
strikes
Man days Lost
(Tones)
Production
Lost (Tones)
1. 1988-89 378 7,63,209 9,44,383
2. 1989-90 435 32,23,544 24,55,490
3. 1990-91 445 34,19,209 27,84,166
4. 1991-92 475 14,22,159 13,53,140
5. 1992-93 430 8,88,878 8,41,242
6. 1993-94 214 4,17,508 4,11,141
7. 1994-95 268 5,52,123 5,27,310
8. 1995-96 191 36,79,892 33,02,740
9. 1996-97 310 10,04,021 9,64,759
10. 1997-98 355 9,08,015 7,76,742
11. 1998-99 124 18,84,443 15,79,194
12. 1999-00 98 13,18,554 15,80,840
13. 2000-01 47 2,95,277 3,56,762
14. 2001-02 54 13,33,051 12,54,813
15. 2002-03 35 6,30,798 6,47,426
16. 2003-04 15 1,02,942 1,21,647
17. 2004-05 14 91,818 57,499
18. 2005-06 11 2,40,403 1,10,189
19. 2006-07 3 5,587 9,872
20. 2007-08 Nil Nil Nil
21. 2008-09 2 23,065 19,072
22. 2009-10 9 4,380 6,087
* Source : Industrial Relation wing of SCCL
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The table 6.1 reveals that during the years 1988 to 1993 the number
of Strikes was very high in SCCL. In the rest of the years the strikes were
less during the period of 2007-2008, no single strike took place during the
period. In 2008 -2010 as part of separate Telengana movement the bandh
call is given in response to the call given by the Joint Action Committees,
and the Strikes have occurred in response to the call given by National
Trade Unions at all India level.
The workers went on strike on the following reasons
1) Withdrawal of chargesheet and other disciplinary actions
initiated against the workers for committing various misconducts.
2) Demanding payment of wages for the lock-out period.
3) Demanding light jobs in spite of being declared medically unfit
by the colliery medical officers.
4) Demanding to provide adequate ventilation in underground
mines.
5) Demanding to provide suitable working conditions in mines /
projects at the working place.
6) Stoppage of work due to bandhs organized by different political
parties.
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The settlement of industrial disputes is very important concept
between the labour and management in India. Since the commencement of
modern industrial era, the industrial peace is often adversely affected by
conflicts between the workers and management.
The main objectives of the industrial development can be achieved
by preventing industrial disputes. Identification of the grievances of the
workers, prevention and settlement of industrial disputes is an integral part
of maintenance of sound industrial relations.
The chief causes of industrial disputes can be grouped under
different categories namely economic, psychological, ideological and
political. The Coal Industry in India is not an exception in this universal
problem of industrial disputes due to large scale of employment of workers,
hazardous nature of working conditions and other peculiar characteristics.
Coal Industry is vulnerable to several disputes between workers and
management the industrial disputes in the SCCL data pertaining to the
various problems of the workers such as dismissed, absenteeism on other
misconducts.
The number of industrial disputes pending in various Courts of
Industrial Tribunals as shown in the table number 6.2
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Table No: 6.2
SCCL Industrial Disputes Pending as on 30.05.2010
Area classification Crop KGM YLD MNG RG.1 RG.2 RG.3 BHP BPA MM SRP TOTALDismissal on absenteeism grounds
NIL 12 04 02 44 23 06 26 NIL 95 97 309
Dismissal on Other misconducts
NIL NIL 03 NIL 02 01 01 NIL NIL NIL 01 08
Production of take certificate/ wrong information
NIL NIL 01 NIL NIL 01 NIL NIL NIL NIL NIL 02
Wage anomalies NIL NIL NIL NIL 01 01 NIL NIL NIL 02 NIL 04Promotions NIL NIL NIL NIL 04 02 NIL NIL NIL 01 NIL 07Provision of dependant employment and settlement of terminal benefits
NIL NIL NIL NIL NIL NIL NIL NIL NIL NIL NIL NIL
Transfers NIL NIL NIL NIL NIL NIL NIL NIL NIL NIL NIL NILAge disputes NIL NIL NIL NIL NIL NIL NIL NIL NIL NIL NIL NILStoppage of gratuity- Penal rent recovery for illegal occupation of quarters after retirement
NIL NIL NIL NIL 01 NIL NIL NIL NIL NIL NIL 01
Workmen Compensation NIL NIL NIL NIL NIL NIL NIL NIL NIL NIL NIL NILPenal wage cut NIL NIL NIL NIL 02 NIL NIL NIL NIL NIL NIL 02Participating in local body/ Assembly elections
NIL NIL NIL NIL NIL NIL NIL NIL NIL NIL NIL NIL
Total NIL 12 09 02 61 35 08 26 NIL 104 101 358Source : Industrial relations wing of SCCL.
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A close examination of table number 6.2 reveals that the most of the
cases of the industrial disputes are related to dismissel on absenteeism
ground. Out of 358 cases 309 are dismissal on absenteeism ground because
of bad working conditions, hazardous nature of work, due to ill health and
other problems, the workers lost the employment.
The number of writ Petitions pending before the High Court of
Andhra Pradesh as on 30.05.2010 shown in the table number 6.3. A close
examination of table reveals that most of the pending writ petition before
the High Court of Andhra Pradesh relating to the dismissal and promotion.
Regarding the stoppage of gratuity of workers and penal rent recovery for
illegal occupation of the company quarter after retirement, the number of
cases pending were before the Court.
With a view to handle the various problems relating to the industrial
disputes measures, have been taken in SCCL. These measures are classified
as preventive measures.
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Table No: 6.3
SCCL Number of Writ Petitions pending before High Court as on 30.05.2010
Area classification Crop KGM YLD MNG RG.1 RG.2 RG.3 BHP BPA MM SRP TOTALDismissal on absenteeism grounds
NIL 03 02 01 25 09 04 02 20 08 06 80
Dismissal on Other misconducts
NIL 02 03 06 10 03 04 NIL 06 05 NIL 39
Production of take certificate/ wrong information
NIL NIL 02 01 NIL NIL 01 NIL NIL 03 01 08
Wage anomalies 03 NIL NIL NIL 05 04 02 01 03 NIL 01 19Promotions 16 03 02 04 15 08 03 10 04 32 11 108Provision of dependant employment and settlement of terminal benefits
NIL 04 07 01 05 08 NIL 01 11 06 09 52
Transfers 02 05 01 NIL 03 01 NIL 02 01 04 NIL 19Age disputes NIL 05 NIL NIL 17 16 06 01 07 13 10 75Stoppage of gratuity- Penal rent recovery for illegal occupation of quarters after retirement
04 NIL 08 NIL 16 18 02 08 NIL 24 06 86
Workmen Compensation NIL 01 02 NIL 02 02 NIL NIL NIL NIL NIL 07Penal wage cut 03 01 NIL NIL NIL NIL 03 NIL NIL NIL NIL 07Participating in local body/ Assembly elections
NIL NIL NIL NIL 01 01 NIL NIL NIL NIL NIL 02
Total 51 30 36 20 166 87 45 39 65 142 67 748Source : SCCL Records
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Preventive measures are intended to prevent the disputes in the
initial stages before the disputes become serious and settlement measures
were taken to settle the industrial disputes with the satisfaction of the both
the parties to avoid serious consequences.
The preventive measures include the identification of the
dissatisfaction of the employees and creating a suitable machinery which
can attend to these grievances as they become disputes.
6.4 Mine Committee :
According to Industrial Disputes Act, 1947, the constitution of
Works Committee is one of the important steps for the prevention of the
industrial disputes. Works committee has been constituted in SCCL in all
the mines which are called as mine Committee. This Committee is
constituted mainly to discuss matters relating to production, welfare and
safety.
The Mines Committee consisting of 16 members comprises
Chairman of the Committee as Colliery Manager, Assistant Manager,
Welfare Officer, Medical Officer from management side and mining
Sardar, Shotfirer, Fitters, Timbermen, Linemen, Engine Driver, Trammar
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and three workers selected one each from each shift. The Committee
formally meets at least once in a month and sorts out grievances at floor
level.
In SCCL the workers participation in management for the first time
was introduced in the year 1971-72 by constituting a Mines Committee in
each and every mine.
In accordance with the policy, SCCL reconstituted Mines
Committees to resume the functions of Staff Committees at the mine level,
and the joint councils at plant level, with the representation of the
management and workers.2
The concept of workers participation in management is a way of
sharing authority and decisions making process actually delegating such
power and shift to the responsibility.
The main idea of workers participation in the management is to
increase employees influence in the management by giving due recognition
to human element. The concept of workers participation is an essential
ingredient of industrial democracy. It indicates an attempt on the part of
2 Annual Report of SCCL, 1985-86.
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employer to build his employees into a team which works towards the
realization of common objectives3 subsequently this scheme could not
function effectively.
6.5 Grievance procedure in SCCL :
In SCCL a grievance procedure has been evolved and is being
followed since a long time. The SCCL Industrial Relations Wing Corporate
Personal Department in its Reference No. CRP/PER/IR/1/260/2180, dated
19.09.2009, which is a circular communicated all pits and departments,
collieries, stating that there is a need to educate the workmen on grievances
redressal machinery for solving the genuine grievances. This salient
features of the grievance redressal procedure is explained here under.
1) Receipt of Grievance :
a. At mine level - Manager
b. At area level - Area Personal Dept. Head
c. At corporate level - Dy. General Manager (P) I.R. Wing
1) The aggrieved employee first presents his grievance either in
person or in writing to the manager at mine level and the
3 Kesari, J.P. “The system of workers participation in management in India”, Indian Journal of Social Work, Vol. XXI, No.4, pp. 37 to 48.
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manager should send the petition to the Area Personnel
Department Head with his remarks.
2) The Area Personnel Department Head should take the
responsibility of compilation of grievances received, circulation
of individual grievance petition files to the Chief General
Managers/General Managers routing through the concerned and
furnishing final/ interim replies to the petitioner/ aggrieved
employee within a time frame of 15 days.
3) The Area Personnel Department Head receives grievances and
compiles manually at the initial stage and in the form of database
within a period of two or three weeks at the maximum.
4) At Corporate Level, Deputy General Manager (personal),
Industrial Relation receives grievances of all the employees
working in corporate like Area Personnel Department Head at
Area level.
5) If the aggrieved employee fails to receive any response to his
grievance petition within a month from the area level or
corporate level as the case may be and also in case the aggrieved
employee not satisfied with the response received, the employee
can make an appeal to the Director (personal, administrative
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wing) and the Director should send such appeals to the Deputy
General Manager (personal) Industrial relations wing.
6) The company cannot treat the transfers and representations in
disciplinary cases which will be treated separately but not as
grievances.
Appeal for Revision :
Where a worker is not satisfied with the formal decision, the
employee has the right to appeal to the management for revision.
Apart from the above procedure, the following rules are also framed
for a clear grievance representation and early redressal.
1) The grievance brought forward as clearly as possible to deal
effectively with the problem.
2) In case of grievances arising out of an order of management, the
said order compiled with before the workman concerned invokes
the procedure laid down for redressal of grievances.
3) Workers’ representatives have the right to access to any
document connected with the enquiry and redresseal of
grievance.
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4) The worker who has to leave his work spot to have his grievance
reported should take the permission of section head or superior
concerned. The time so spent by the employee during
proceedings should be treated as on duty.
5) The procedure do not apply in case of grievances arising out of
punishments, discharges and dismissals.
6) The personal and oral representations of grievances should be
settled on day-to-day basis by the superior concerned within their
scope. No grievance referred directly to the conciliation
machinery unless it is routed through the formal channel.
6.6 Dispute Settlement Machinery in SCCL :
The measures adopted for the prevention of industrial disputes prove
to be failure, and a strike or lockout is apprehended or actually declared
then the other methods for the settlement of disputes will have to be
identified.
When the dispute emerge, it is essential that it should be amicably
settled to the satisfaction of the both the parties. The methods available for
the settlement of industrial disputes according to the I.D.Act, 1947 in SCCL
as follows.
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a) Negotiation
b) Mediation
c) Conciliation
d) Arbitration
e) Collective bargaining
It is always desirable to follow the means of negotiations, mediation
and conciliation because these methods help to settle the industrial disputes
voluntarily by the parties themselves. In the Singareni Collieries three
methods namely Conciliation, Arbitration and Adjudication are followed
for the settlement of industrial disputes apart from the system of collective
bargaining. The researcher has tried to provide about the brief account of
above methods as given in the following manner.
6.6.1 Conciliation :
Conciliation is a method by which the representative of the workers
and the employers are brought before a third person with a view to pursuing
them to come to an agreement among themselves by mutual discussions.
Conciliation is the first step in the process of settlement of industrial
disputes in SCCL If preventive measures fail, the personal manager of the
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mine concerned reports to the matter to the Central Industrial Relations
Machinery (CIRM) and invites them to start the conciliation process.
The officer from CIRM will work as Conciliation Officer. The
Regional Commissioner Labour (Central) is the head of the CIRM and is
assisted by two Assistant Labour Commissioners, five Labour Enforcement
Officers from the Regional Office (Central).
6.6.2 Arbitration :
Another important method according to the I.D.Act, 1947 adopted
by the Singareni Collieries is the Arbitration Method, which means settling
dispute through third party intervention. If the parties to the dispute are not
able to settle through conciliation, the intervention of the third party may be
preferred by the parties themselves or by the Government. Under this
system of Arbitration, the third person or the Arbitrator listens to the views
and arguments of the both the parties. Arbitration may be voluntary or
compulsory. In case of voluntary arbitration parties to the dispute will
choose mutually acceptable person as an arbitrator.
In compulsory arbitration which is also referred as adjudication, the
Government select the arbitrator. The judgement of such arbitrator is
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legally binding on both the parties. However, in actual practice arbitration
is referred to as voluntary arbitration only. In case of voluntary arbitration,
the arbitrator may be any person from among the Presiding Officers,
Labour Court, Tribunal or National Tribunal or Officers of the Central
Industrial Relations Machinery (CIRM).
In rare cases the representatives of the trade union and the
management may choose the Labour Minister or Secretary to the Labour
Ministry as Arbitrators.
6.6.3 Adjudication :
Adjudication is a legal method according to the I.D.Act, 1947 for the
settlement of individual disputes which involves intervention of a third
party appointed by the Government. It may also be referred as compulsory
arbitration.
The relevant provisions relating to the adjudication have already
been dealt in the chapter –III. Strikes and lock-outs, dismissals, discharge,
fine etc., where legality of such action is questioned by workers and if the
conciliation fails in resolving the conflicts between the labour and
management.
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6.6.4 Collective Bargaining :
Another important method for the settlement of industrial disputes is
collective bargaining which is non statutory method. collective bargaining
is a process of discussion and negations between parties, one or both of
whom is a group of persons acting in concert. This resulting in bargaining
an understanding as to terms and conditions under which a continuing
service is to be performed.
More specifically the process of collective bargaining is “A method
by which management and labour may explore each others problems and
view points and develop a framework of employment relations with in
which both may carry on their daily association in a spirit of co-operation,
good will and for their mutual benefit.4
6.7 STANDING ORDERS :
Another constructive step in the attainment of industrial peace is
formulation and implementation of the standing orders. The standing orders
refer to the rules and regulations governing the conditions of employment
4 Industrial Relations Department of National Association of the manufactures : Collective Bargaining : A Management Guide, cited Bhogoliwal, T.N, in economics of labour and industrial relations, Sahitya Bhawan, Agra, 1987, p.326.
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of workers. Absence of standing orders and lack of clear definition of terms
of work is the frequent cause of industrial disputes.
In accordance with the provisions of the Industrial Employment
(standing orders) Act, 1946 the Singareni Collieries Company formulated
and issued the standing orders with details relating to hours of work,
payment of wages, attendance on holidays, late coming, leave facilities,
termination of employment, stoppage of work, misconduct etc.
The following are the standing orders of the M/s. Singareni
Collieries Company Limited.
Commencement and Application :
These Standing Orders shall come into force from a date to be
determined in accordance with the provisions of The Industrial
Employment (Standing Orders) Act, 1946 and shall apply to all workmen
employed in all units of the Singareni Collieries Co. Ltd., which come
within the definition of Industrial Establishment as defined in the Industrial
Employment (Standing Orders) Act, 1946 and include all the workmen
governed by the National Coal Wage Agreement.
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2. Definition:
2.1 'Attendance' means the presence of the workman concerned at the
place or places where by the terms of his employment he is required
to report for the work and to get his attendance marked.
2.2 'Company' means the SINGARENI COLLIERIES COMPANY
LIMITED.
2.3 'Competent Authority' means an officer specially nominated by the
Chairman/Managing Director concerned by an order in writing for
the purpose of these Standing Orders. Such orders shall be put on
Notice Board and copies sent to the concerned Registered Trade
Unions.
2.4 'Employer' shall have the same meaning as assigned to the terms
under The Industrial Employment (Standing Orders) Act, 1946.
2.5 'Establishment' means industrial establishment under the Company.
2.6 'Masculine' includes the feminine.
2.7 'Mine' means a mine as defined in the Mines Act, 1952.
2.7 'Medical Officer' means the Chief Medical Officer or any other
Medical Officer of the company.
2.8 'Notice Board' means the Notice Board specially maintained for the
purpose of Standing Orders at each mine/ establishment.
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2.9 'Workman’ means a workman as defined in the Industrial
Employment (Standing Orders) Act, 1946.
2.10 'Wages' means 'Wages' as defined in the Payment of Wages Act,
1936.
2.11 Words in a singular shall include the plural and vice-versa.
3 - Classification of Workmen :
3.1 For the purpose of these Standing Orders workmen shall be classified
as follows :-.
(a) Apprentice.
(b) Badli or Substitute.
(c) Permanent.
(d) Probationer.
(e) Temporary.
3.2 'Apprentice' is a learner who is paid an allowance during the period of
his training which shall interalia be specified in terms of contract
provided that the Apprentices engaged under the Apprentices Act
shall be covered by the provisions of the Act only.
3.3 'Badli' or 'Substitute' is one who is appointed in the post of a
permanent workman or probationer who is temporarily absent. He
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becomes eligible for regularisation, on completion of continuous
period of service of one" year (190 attendances in the case of below
ground and 240 attendances in the case of any other workman),
subject to availability of sanctioned vacancies'.
3.4 A 'Permanent workman' is one who has satisfactorily put in 6 (six)
months continuous service in a permanent post as a Probationer.
3.5 A 'Probationer' means a person who is provisionally employed to fill
a vacancy in a permanent post for a period not exceeding 6 (six)
months and who has not completed his probationary period provided
that the period of probation may be extended by the management
beyond the original period by not more than 3 (three) months for
reasons to be recorded in writing. If a permanent workman is
employed as a probationer in a new post, he may be at any time
during the probationary period, not exceeding 6 (six) months, be
reverted to his old permanent post unless the probationary period is
extended by another 3 (three) months for reasons to be recorded in
writing.
3.6 'Temporary workman 'means workman who is appointed for work
which is essentially of a temporary nature or who is employed in
connection with a temporary increase in permanent work for a period
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not exceeding 6 (six) months provided that in case the temporary
workman is placed on probation, the period of his temporary service
shall count towards the probationary period.
4. Medical Examination :
Subject to the provisions of the Mines Act, 1952 Rules and
Regulations framed there under, all the workmen would be subjected to
medical examination periodically by a Medical Officer of the Company
free of charge, for detection and treatment of occupational diseases and
leprosy, tuberculosis etc. The workmen requiring treatment will be treated
free of charge.
5. Identity Card :
5.1 Every workman will be issued identity card bearing relevant
particulars concerning 'himself pertaining to his employment.
5.2 Every workman who has been issued an identity card shall produce it
on demand to any officer so authorised by the competent authority.
5.3 A workman who looses his identity card shall report the loss
immediately to his immediate superior.
5.4 The initial issue of the identity card together with the photograph,
shall be free to charge. If the identity card is lost by the workman, he
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shall be liable to pay to the Company a sum of Rs. 3/- (Rupees three)
for the issue of a duplicate identity card. If the identity card, however,
becomes indecipherable due to wear and tear, the management will
replace it without any charge.
6. Entry, Exit And Search:
6.1 All workmen working in the underground shall enter, travel, and leave
the mine / workplace only through the authorised places / routes or
roadways. Every workman may also be subjected to search before
entering or leaving the mine / work place by a workman of the
company authorised for this purpose by the competent authority.
6.2 Female workmen may be searched by a female workman authorised
by the Competent Authority of the Company, for the purpose.
7 - Attendance And Punctuality:
7.1 All workmen shall report for work at the mine / establishment at the
time fixed and notified to them.
7.2 Attendance will be taken daily according to the method prescribed
from time to time for each section or department, etc. by the
competent authority.
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7.3 Workmen who are required to sign in an attendance register will mark
the time of reporting on duty and of leaving duty.
7.4 Workmen who are required to use time cards shall punch the cards in
the time clock at the time of reporting for duty and on leaving duty.
7.5 Absence from place of work: Any workman who after going
underground or after coming to his work in the department / Section in
which he is employed, is found absent from his proper place of work
during working hours without permission from the Appropriate
Authority or without any sufficient reason shall be liable to be treated
as absent for the period of his absence.
8. Shift Working:
More than one shift may be worked in a department or departments
or any section of a department of the establishment at the direction of the
employer. If more than one shift is worked a workman shall be liable to be
transferred from one shift to another. No extra shift working would be
started or discontinued without giving notice under Section 9-A of the I. D.
Act, 1947, provided that no such notice shall be necessary if the extra shift
working or discontinuance of a shift is under an agreement with the
workmen affected or their union / unions. If, as a result of discontinuance
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of the shift working, any workman is to be retrenched such retrenchment
shall be affected in accordance with the provisions of the Industrial Dispute
Act, 1947 and the Rules framed there under. If shift working is re-started,
the workman shall be given notices and re-employed in accordance with
the provisions of the said Act and the said Rules.
9. Payment Of Wages:
9.1 Wages to all workmen shall be paid in accordance with the provisions
of the Payment of Wages Act, 1936, as amended from time to time.
9.2 Wages shall be paid direct to the individual workman on any working
day between the hours of 6 A M and 6 P M at the office of the mine /
establishment. The Manager or any other person authorised by him
shall witness and attest the payments and note the date of payments in
the wage register. Wages may also be paid to workman through a
bank on a specific authorisation in writing by him. Payment of wages
to a contractor's workmen shall be made at a place to be specified by
the Manager and it shall be witnessed by a nominee of the employer
deputed for this purpose, in writing.
9.3 Any wages due to workman but not paid on the usual pay day on
account of their being unclaimed shall be paid by the employer on
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such unclaimed wages pay day as may be notified to the workman. If
the workman so desires, the unpaid wages and other dues payable to
him shall be remitted to his address by money order after deducting
there from the money order commission. All claims for the unpaid
wages shall normally be presented to the employer within a period of
twelve months from the date on which the wages become due.
10. Display of notices :
10.1 The notices regarding period and hours of work for all classes
of workmen in each shift be exhibited in English and / or in the
language understood by the majority of workmen employed in the
establishment or the Regional language on Notice Boards maintained
at or near the main entrance of the establishment and at the Time
Keeper's office, if any.
10.2 Notice(s) specifying (i) the days observed as holidays and (ii) pay
days shall be pasted on the said Notice Board.
10.3 Notices as required under the Mines Act, Payment of Wages Act and
the Rules framed there under specifying the rates of wages payable to
all classes of workmen and for all classes of work shall be displayed
on the said Notice Board.
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11. Paid Festival Holidays:
There shall be eight paid festival holidays. Out of these 8 days, the
Republic Day, May day. Independence day and Mahatma Gandhi's
birthday shall be allowed without option and the remaining 4 paid holidays
shall be fixed by agreement on local customs.
Provided whenever a daily / piece rated workman is required to
work on any of the festival holidays he shall be allowed to thrice his wages
including his normal wages.
Provided further that whenever monthly grade employee is required
to work on any of the paid festival holidays, he shall be allowed twice the
wages in addition to his normal wages.
12. Leave:
12.1 Every workman shall be entitled to annual leave with wages in
accordance with the provisions of the Mines Act / NCWA in force
from time to time. Where, however, any workman is already enjoying
a larger quantum of leave in terms of his contract of service, he shall
continue to enjoy the same.
12.2 Quarantine Leave : Shall be granted to a workman, who is prevented
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from attending to his duty because of his coming into contact, though
no fault of his own, with a person suffering from a contagious
disease. The leave shall be granted for such period as is covered by a
certificate from the Medical Officer of the company or the Medical
Officer of the state Government where the worker is not staying in the
colliery premises, to a maximum of 21 days Wages for the period of
quarantine leave shall be at the rate of 50% of the wages (basic plus
dearness allowance) payable to a workman. Quarantine leave cannot
be claimed if a workman has refused to accept during the previous
three months, prophylactic treatment for the disease in question or
segregation, if advised by the Medical officer.
12.3 Cholera, small-pox, plague and diphtheria may be considered
infectious diseases for the purpose of this S.O. Any other disease as
may have been declared by the State Government concerned as
infectious diseases for the purpose of their quarantine leave rules may
also be considered infectious disease for the purpose of this S.O.
12-4 Sick leave shall be granted to a workman to the extent of 15 days on
full pay in a calender year with the benefit of accumulation upto 60
days as per NCWA in force from time to time.
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12.5 Applications for leave or extension of leave on medical grounds shall
be supported by a certificate from a Medical Officer of the Company
or where there is no such officer, a Government Medical Officer or
Registered Medical Practitioner, stating the period for which leave is
recommended. On receipt of such application the sanctioning
authority shall immediately inform the workman in writing whether
the leave or extension of leave has been granted and if so, for what
period. A workman who has been sanctioned leave or an extension of
leave on medical ground for a period exceeding fourteen days at a
time shall not be allowed to resume duty unless he produces a
certificate of fitness.
13 - Application For Leave:
13.1 A workman, who desires to obtain leave of absence, shall apply in
writing to the competent authority, not less than fifteen days before
the commencement of the leave, except where leave is required in
unforeseen circumstances, and the competent authority shall issue
orders on the application within a week of its submission or two days
prior to the commencement of the leave applied for whichever is
earlier, provided that if the leave applied for is to commence on the
date of the application or within three days thereof orders shall be
242
given on the same day. If the leave is refused or postponed, the fact
of such refusal or postponement and the reasons therefore shall be
recorded in writing in a register to be maintained for the purpose and
if the workman so desires, a copy of the entry in the register shall be
supplied to him. If the workman after proceeding on leave desires an
extension thereof, he shall apply to the competent authority who shall
send a written reply either granting or refusing extension of leave to
the workman, sanction / refusal of leave shall be communicated to
the workman in writing.
13.2 All applications for leave must bear the leave address.
13.3 Competent authority to sanction leave to the workmen shall be
notified by the Management.
14. Leave Travel Facilities (RRF / LTC / LLTC) :
Leave travel facilities shall be admissible to the workmen in
accordance with the provisions of the recommendations of Central Wage
Board for the Coal Industry to the extent accepted by the Central
Government and as modified by the National Coal Wage Agreements.
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15. Medical Aid In Case Of Accidents:
When a workman meets with an accident in the course of and arising
out of employment, the management shall make satisfactory arrangements
for immediate necessary medical aid to the injured workman on free of
charge and shall arrange for prompt payment of compensation in
accordance with the Workman's Compensation Act. 1923. NCWA covering
also to be provided the first three days of absence on account of injury.
16. Hours of Work:
Subject to the provisions of the law applicable to the mine /
establishment, the hours of work of the workman shall be as fixed by the
management from time to time.
17. Over Time:
Subject to the provisions of the law applicable to the mine /
establishment, the management may require any workman to work
overtime and payment of overtime wages shall be made normally along
with the wages for the relevant period.
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18. Attendance On Holidays & Weekly Rest Days:
18.1 Subject to the provisions of Industrial Dispute Act, the work man
required for work on holidays or weekly rest days will be notified
for work by having their names displayed in mines / Department's
notice board as early as possible.
18.2 Workmen wishing to be excused from work on a holiday or
recognised weekly rest day, after being notified for work should
obtain prior permission from the Manager or Head of their
department. If for some genuine reason the workman is not able to
attend then an explanation should be given to the officer in-charge or
any other officer or supervisory staff authorised in this behalf.
18.3 If any person employed in a mine or department is deprived of any
of the weekly days of rest, he shall be allowed within 2 months
immediately following the month in which he had worked
compensatory days of rest equal in number to the days of rest of
which he has been deprived as per Mines Act, 1952.
19. Stoppage of work and re-opening:
19.1 Subject to the provisions of Industrial Dispute Act the management
may at any time, in the event of underground trouble, fire,
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catastrophe, inundation, breakdown of machines, stoppage of power
supply, epidemics, civil commotion, natural calamity or any other
cause beyond its control stop any section or sections of the
mine/establishment wholly or partly for any period or periods.
19.2 In the event of any such stoppage during the working hours, the
workman affected shall be notified by Notice put upon the notice
boards in the mine / department concerned and at the office as soon as
practicable as to when work will be resumed and whether they are to
remain or leave their place of work.
19.3 The workmen will not ordinarily be required to remain at work place
or work spot for more than two hours after the commencement of the
stoppage.
19.4 Whenever workmen are laid off on account of failure of plant
equipment or a temporary curtailment of production or other causes,
they shall be paid compensation in accordance with the provisions of
the Industrial Disputes Act, 1947. Where no such compensation is
admissible, they shall be granted leave with or without wages as the
case may be, at the option of the workman concerned, leave with
wages be granted to the extent due to them, when workmen are to be
laid off for an indefinitely long period they may be retrenched on
246
payment of compensation and subject to compliance with the
provisions of the Industrial Disputes Act, 1947. If normal work is
resumed, two week's notice thereof shall be given by pasting of notice
at or near the mine / department and the workmen discharged earlier
by the management shall, if they present themselves for work, will
have preference for re-employment.
19.5 Subject to compliance with the provisions laid down in the Industrial
Disputes Act, the management may in the event of a strike affecting
either wholly or partly any section of the mine, close down either
wholly or partially such section of the mine / establishment and any
other sections affected by such closures. The fact of such closure shall
be notified by the notices put on notice board at the mine /
establishment. Prior to resumption of work, the workmen concerned
will be notified by a general notification as to when this work will be
resumed. A copy of such notice shall be sent to the registered or
recognised trade union or unions functioning in the establishment.
20. Secrecy:
No workman shall take any papers, book, photographs, instruments,
apparatus, documents or any other property of an industrial establishment
247
out of the work premises except with permission of his immediate superior,
nor shall in any way pass or cause to be passed or disclose or cause to be
disclosed any information or matter concerning the manufacturing process,
trade secrets and confidential documents of establishment to any
unauthorised person, company or corporation without the written
permission of the employer.
21. Transfer:
21.1 Workmen may be transferred due to exigencies of work from one
station to another, from one coal mine to another or from one
establishment/department/section. to another within the same Co.,
provided that the pay, grade and other conditions or service of the
workmen are not adversely affected by such transfer and provided
further that if a workman is transferred from one job to another, the
job should be of similar nature and such as he is capable of doing and
provided further that (i) except in case of emergency minimum notice
of two weeks is given of such transfers and (ii) reasonable joining
time is allowed in case of transfers from one station to another.
21.2 The workman concerned shall be paid the actual charges for
transporting his personal effects (by rail and / or by bus or truck) as
well as one fare of the appropriate class in terms of the National Coal
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Wage Agreement in relation to leave travel concession for himself
and for each of his dependent parents, wife and children if they do
not avail of the conveyance of the Management. The workman shall
also be paid one extra fare towards the incidental charges even if he
has used the Management's transport.
21.3 The personal effects of a workman shall be limited to the ceilings
applicable to the Central Govt. servants within the pay ranges laid
down by the National Coal Wage Agreement for purposes of transfer
travelling allowance.
22. Address / Change Of Address:
At the commencement of employment every workman must notify
the management his local and / or permanent residential address. Any
change of address of local and / or permanent shall be immediately notified
in writing to the management by the workman.
23. Termination of employment by the company:
23.1 For terminating the services of permanent workman having less than
one year of continuous service, notice of one month in writing with
reasons or wages in lieu thereof shall be given by the employer:
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Provided that no such notice shall be required to be given when the
services of the workman are terminated on account of misconduct
established in accordance with the Standing Orders.
23.2 Subject to the provisions of the Industrial Disputes Act, 1947 no
notice of termination of employment shall be necessary in the case of
temporary and Badli workmen ;
Provided that a temporary workman, who has completed three
months' continuous service, shall be given two weeks notice of the
intention to terminate his employment if such termination is not in
accordance with the terms of the contract of his employment:
Provided further that when the services of a temporary workman,
who has not completed three months' continuous service, are
terminated before the completion of the term of employment given to
him, he shall be informed of the reasons in writing. When the
services of a Badli workmen are terminated before the return to work
of the permanent incumbent or the expiry of his (Badli’s) term of
employment, he shall be informed of the reasons for such
/termination in writing.
23.3 No workman shall leave the service of an employer unless notice in
writing is given at the scale indicated below :
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i) For monthly paid workmen - One month
ii) For weekly paid workmen - Two weeks;
Provided that it will be for employer to relax this condition and the
workman may pay cash in lieu of such notice.
23.4 For purposes of Standing Orders 23 (1), (2) and (3) the terms 'service'
and 'wages' shall have the same meaning as assigned to these in
Sections 25 (B) (1) and (2 rr) respectively of the Industrial Disputes
Act, 1947.
24. Company's Quarters :
24.1 Workmen who have been allotted company's quarters shall observe
all rules, regulations and conditions to be made by the company from
time to time concerning the use by the workmen of such quarters.
24.2 Such workmen shall observe all instructions and orders issued by the
Management for the maintenance of sanitation, cleanliness and public
health.
24.3 The use of company's quarter is conditional on the workmen being in
the service of the company.
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25. Acts of Misconduct :
The following shall denote misconduct:
25.1 Theft, fraud or dishonesty in connection with the employer's
business or property.
25.2 Taking or giving of bribe or illegal gratification whatsoever in
connection with the employer's business or in his own interest.
25.3 Willful insubordination or disobedience, whether alone or in
conjunction with another or others of any lawful or reasonable order
of a superior.
25.4 Gambling, drunkenness, fighting or riotous disorderly or indecent
behaviour either at his place of work or at the colliery /
establishment or company's residential settlements.
25.5 Neglect of work.
25.6 Smoking underground or within the mine or in place where it is
prohibited by law.
25.7 Sleeping while on duty.
25.8 Resorting to go slow.
25.9 Conviction in any court of law for any criminal offence involving
moral turpitude.
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25.10 Giving of false information to regarding one's name, age, father's
name, qualification etc. in connection with his employment.
(a) Impersonation.
25.11 Going on illegal strike either single or with other workmen without
giving 14 days' previous notice.
25.12 Refusal to accept any charge-sheet or order or notice communicated
in writing.
25.13 Preaching or inciting other workmen to resort to violence.
25.14 Tampering with the company's records with ulterior motives.
25.15 Unauthorised use or occupation of company's bungalow / quarters /
buildings and / or land and any of such property in the custody of the
company.
25.16 Any breach of the Mines Act, 1952 or any other Act or any rules, or
regulations or by laws thereunder.
25.17 Making accusations or allegations against a superior or/ an officer of
the company without any basis / proofs.
25.18 Habitual money lending on interest.
25.19 Assault, attempt to assault, threatening to assault, abuse, a co-worker
or subordinate or superior while on duty or otherwise in connection
with employment.
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25.20 Gherao, coercion, intimidation, wrongful confinement or use of
force for getting one's demand conceded by the management.
25.21 Contracting another marriage while wife / husband is still alive or
marrying a person who has a wife / husband, not as per Law / or
against the existing Law.
25.22 Participating in Radio / TV broadcast or contributing any article or
writing any letter to any newspaper or periodical on a subject having
a bearing on the affairs of the company without prior permission of
the competent authority.
25.23 Any willful and deliberate act which is subversive of discipline or
which may be detrimental to the interest of the company.
25.24 Sabotage or causing willful damage to work in progress or to
property of the company.
25.25 Habitual late attendance or habitual absence from duty without
sufficient cause.
25.26 Distributing or exhibiting in the Company's work premises or
estates, handbills, pamphlets, posters or causing them to be
displayed by means of signs or writing or other visible
representations any matter prejudicial to the company without prior
permission of the management.
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25.27 Organising, holding, attending, or taking part in any demonstration
within company's work premises or estates in contravention of the
provisions of the law or regulations of the company.
25.28 Conduct within the mine's premises or its precincts which
endangers life or safety of any person.
25.29 Allowing an unauthorised person to operate company's vehicles or
machinery without permission of the competent authority.
25.30 Possession of unlicensed arm or lethal weapon within the company's
work premises or its estates.
25.31 Absence from duty without sanctioned leave or sufficient cause or
overstaying beyond sanctioned leave.
25.32 Malingering.
25.33 Acceptance of gifts from subordinate workmen or contractors.
25.34 Leaving work without permission.
25.35 Disclosing to any unauthorised person of any confidential
information in regard to the working of or process of the
establishment / mine which may come in the possession of workman
in the course of his work.
25.36 Refusal / failure to wear or use any protective safety equipment
given by the management.
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25.37 Taking up employment with any other employer or carrying on any
business or trade, without the permission of the Management.
25.38 Transfer or handing over of identity card to any other person.
25.39 Abetment of any act of misconduct.
25.40 Deliberately spreading false information / rumour with a view to
bringing about disruption in company's work.
25.41 Holding meeting within the mines / establishment premises without
the previous permission of the management.
25.42 Interference with the safety devices or firefighting equipment.
25.43 Violation of any clause of these Standing Orders.
26 - Penalties For Misconduct :
The following punishment / penalties may be imposed for
misconduct.
(a) Warning, reprimand, censure,
(b) Fine
(c) Suspension without wages for a period not exceeding ten days.
(d) Stoppage of increment without cumulative effect.
(e) Stoppage of increment with cumulative increment.
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(f) Reversion to a lower stage or a lower grade in a time seal.
(g) Removal / discharge from service.
(h) Dismissal from service.
27 - Procedure For Imposition Of Penalties:
27.1 A workman is charged with a misconduct shall be informed in visiting
of the allegations against him By "the competent authority and shall
be given an opportunity to submit his explanation in writing within a
period of not less than three days. On receipt of a workman's
explanation when allegations are denied by him, an enquiry shall be
held normally by an Officer or officers of the Company appointed by
the management. At the enquiry, the workman concerned shall be
afforded reasonable opportunity of defending himself. The workman
concerned shall be entitled to be represented / assisted by a co-worker
or office bearer of a trade union of which he is a member if so
requested by him.
27.2 A workman may be suspended pending enquiry. Such suspension
shall be ordered only where there is prima-facie serious charges such
as, theft, fraud, assault, riotous conduct at the place of work, causing
willful damage to the property of the Company or sabotage or serious
257
case of willful insubordination etc. The order of suspension pending
enquiry shall be in writing and shall be followed by a charge-sheet
within three days setting out the misconduct alleged against him. In
case the charge-sheet cannotbe issued simultaneously, he shall not
leave station without the permission of the management.
27.3 Where a workman is suspended pending departmental enquiry, he
shall be paid in such cases subsistence allowance equal to half of his
wages as defined in the Payment of Wages Act, 1936. If, however, he
is kept suspended by the Management beyond thirty days, this
subsistence allowance will be at the rate of the of his wages as
aforesaid but if the enquiry is delayed beyond thirty days, because of
the workmen, the subsistence allowance shall be reduced to half of
his wages. The employer shall normally complete the enquiry within
sixty days. Where the enquiry is delayed beyond sixty days, due to the
management, the suspended workman shall be paid full wages. The
payment of subsistence allowance shall be subject to his not taking
up any employment else where during the suspension period.
27.4 The payment of subsistence allowance will be; subject to at written
declaration by the workman that he is not engaged in any other
employment during the period of suspension
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27.5 Even after enquiry or conclusion of the criminal proceedings, a
workman is held guilty of the charges alleged against him or some
other charges brought in the course of the enquiry or is convicted in
the criminal proceedings and is consequently discharged or dismissed,
he shall not be entitled to any remuneration for such period other than
the subsistence allowance already paid to him. If a penalty other than
dismissal discharge or removal is imposed on him or he is exonerated
of Charges against him or he is not convicted in the criminal
proceedings, he shall be paid the difference of the subsistence
allowance already paid to him and the wage which he would .have got
if he had not been suspended except in case where he is suspended
not exceeding ten days, as a measure of punishment.
27.6 The approval of the competent authority (above the charge- sheeting
authority) specified by the Managing Director for this purpose from
time to, time shall be obtained before imposing the punishment of
dismissal / discharge removal from service of a workman.
27.7 In awarding the punishment gravity of the misconduct, previous
record of the workmen and any other extenuating or aggravating
circumstances that may exist shall be taken into account. A copy of
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the order passed by the disciplinary authority, shall be supplied to the
workman concerned.
27.8 If any workman refuses to accept charge-sheet, order or other
'communication intended for and offered to him, signature of two
witnesses be taken having witnessed the refusal and this may be taken
as that the order / charge sheet is deemed to have been served, a copy
of the same shall be sent by registered post to his address as
recorded by the Management and; another copy pasted on the notice
board.
27.9 Notwithstanding the provisions contained in these Standing Orders, as
above-the management-reserves the right to suspend a workman
being prosecuted in a court of law for any grave criminal offence
involving moral turpitude or murder until the disposal of the trail. In
such cases, the workman concerned shall be entitled to 50 per cent of
wages as subsistence allowance. In case the above workman is finally
acquitted, he would be paid full wages for the period of suspension.
27.10 The proceedings of departmental enquiry shall be in writing. Where
after the enquiry it is proposed to impose any punishment against a
workman, a copy of the enquiry report shall be given to him. The
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workman shall also be given an opportunity to inspect the day to day
record of enquiry proceedings.
28. Provision Regarding Workmen Borrowed From Other Sources:
In the application of these Standing Orders in relation to the
workmen whose services have been borrowed by the company from
another organisation and who retain alien in their parent organisation any
operation of these Standing Orders shall be subject to the terms and
conditions on which their services have been loaned to the company.
29. Appeal:
The appellate authorities shall be notified by the management from
time to time. A workman on whom any of the penalities is imposed shall
have the right to appeal to the authorities notified in this behalf. The appeal
shall be submitted within forty five days of receipt of the order of
punishment. The appellate authority shall dispose of the appeal within forty
five days of receipt of the same.
30. Review Of Cases Of Punishment:
An authority higher than the appellate authority may review the
cases after imposition of punishment at any time either on his own motion
or on the application of the workman concerned.
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31. Resignation :
31.1 Workmen (other than those who have executed a bond to service the
company for a specified period) who wish to leave the Company's
service, must give the company one month's notice in the case of
monthly rated workmen and two weeks' notice in the case of others,
The management may, at its discretion, accept the resignation with
immediate effect or from any date' before the expiry of the notice
period. In the case of workmen who have executed a bond to serve
the company for a specified period, their cases shall be governed as
per the provisions of the bond in this respect.
31.2 If a workman leaves the service of the company without giving
requisite notice, then without prejudice to any other action under his
control of service, if any, the management may deduct from his
unpaid wages from final "settlement a sum equivalent to the period of
notice which he is required to give under these Standing Orders.
32. Certificate Of Service:
Every workman shall be furnished with a service certificate at the
time of discharge or termination of his services, resignation or retirement.
33. Age Of Retirement / Superannuation :
The age of superannuation / retirement shall be 60 years.
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34. Complaints:
All complaints arising out of employment including those relating to
unfair treatment or wrongful exaction on the part of the management or
their agent shall be submitted by the aggrieved workman to the manager or
other person as specified in this behalf with the right of appeal to the Chief
Executive of the company namely, the Chairman/Managing Director.
35. Display Of Standing Orders :
35.1 A copy of these standing orders in English and in the regional
languages of the local area in which the mine / establishment is
situated shall be pasted at the Manager's office and in such other
places of the mines as the employer may decide and it shall be kept in
a legible condition.
A copy of the standing orders shall be supplied to a workman on
application, on payment of prescribed price. A trade union in the
establishment / mine will, however, be entitled to the free supply of a
copy of the Standing Orders once only.
35.2 If there is any conflict between the Standing Orders in English and
those in any other language or languages the English version shall
prevail and be followed.
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36. Saving :
Notwithstanding these Standing Orders coming into force as
provided for in the Industrial Employment (Standing Orders) Act, 1946 any
disciplinary action initiated under previous certified Standing Orders which
might be pending at the time of coming into force of these standing orders,
shall continue to be governed by the previous certified standing orders till it
is finally disposed off.
As per the standing orders an employee may be suspended, fined, or
dismissed without notice. Of the employee is found to be guilty of
misconduct certain acts which have been mentioned in the standing orders
of the company have been treated as misconduct which have stated above.
6.8 THE MINES ACT, 1952 :
The Mines Act, 1952 is applicable to the SCCL which seeks to
regulate the working conditions in coal mines for providing measures to be
taken for the safety of workers employed there in and certain amenities for
them5.
5 N. Hanumantha Rao, “Industrial Relations in Public Enterprises”, 1990, p.138.
264
Section 2(j) of the Mines Act, 1952 defines the term “mine” as any
excavation, where any operation for the purpose of searching for or
obtaining minerals has been or these being carried on, and includes –
(i) all borings, fore holes, oil wells and accessory crude conditioning
plants, including the pipe conveying mineral oil within the oil fields;
(ii) all shafts, in or adjacent to and belonging to a mine, whether in the
course of being sunk or not;
(iii) all levels and inclined planes in the course of being driven;
(iv) all open cast workings;
(v) all conveyors or aerial ropeways provided for bringing into or
removal from a mine of minerals or other articles or for the removal
of refuse there from;
(vi) all levels, planes, machinery, works, railways, tram ways and sidings
in or adjacent to and belonging to a mine;
(vii) all protective works being carried out in or adjacent to a mine;
(viii) all workshops and stores situated within the precincts of a mine and
under the same management and used primarily for the purpose
connected with that mine or a number of mines under the same
management;
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(ix) all power stations, transformer sub-stations, converter stations,
rectifier stations and accumulator storage stations for supplying
electricity solely or mainly for the purpose of working the mine or a
number of mines under the same management;
(x) any premises for the time being used for depositing sand or other
material for use in a mine or for depositing refuse or other material is
being carried on, being premises exclusively occupied by the owner
of the mine;
(xi) any premises in or adjacent to and belonging to a mine on which any
process ancillary to the getting, dressing or preparation for sale of
minerals or of coke is being carried on or mainly for the purpose of
working the mine or a number of mines under the same
management;
(xii) any premises for the time being used for depositing sand or other
material for use in a mine or for depositing refuse or other material is
being carried on, being premises exclusively occupied by the owner
of the mine;
(xiii) any premises in or adjacent to and belonging to a mine on which any
process ancillary to the getting, dressing or preparation for sale of
minerals or of coke is being carried on.
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The Act has having 87 sections dealing with regard to definitions of
various terms applicable to mines, the sections from 5 to 11 deal with the
powers and functions of the Chief Inspector, Inspector and certify surgeons.
Sections 12 to 15 of the Mines Act deal with the constitution of different
committees.
Section 16-18 deal with to the mining operations and management of
mines.
Section 19-27 deals with provisions relating to the health and safety
of mining workers.
Section 28-48 contain the provisions relating to hours of work and
limitation of employment. Section 49-56 deal with leave with wages.
Section 57-62 contain the provisions relating to the regulations and
rules and bye-laws and sections 63-81 provides provisions relating to the
penalties and procedure for obstruction, falsification records etc., and
sections 82 to 87 contains miscellaneous provisions connected to the
mines6.
6 P. Seshagiri Rao, “Law of mines and minerals”, 2006, pp. 461-464.
267
6.9 TRADE UNIONS :
6.9.1 Evolution of trade union movement in SCCL:
The Trade Unions in India play very vital role in the industrial
relations and also for the establishment of good relations in the company.
Though Trade Union Act, 1926 recognises any type of associations
between employer and employee, employee and employee, and employer
and employer has trade unions, in practice the trade unions are popularly
known as workers organisations formed for the purpose of safeguarding
their interest. A strong and committed trade union can exercise in Singareni
influence on the management to secure justice to the workers.
In view of great importance attached to the trade unions in the
industrial relations system, the researcher made an attempt to discuss the
role of trade unions in SCCL and its impact on industrial relations.
Though the coal mining activities were started in SCCL in the year
1889, the organized labour movement in the SCCL started at a much later
data. This was due to illiteracy and ignorance of workers, on one hand and
also due to repressive methods adopted by the labour contractors and the
then Government of Hyderabad (Nizam) on the other for a long time the
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labour contractors used to hold firm control over the working class in
SCCL.
The terms of employment were at the mercy of the labour
contractors who, for their selfish interest always tried to keep the workers
unorgnaised.
Though the workers organized strikes during the years 1921, 1922,
and 1935, the real momentum for trade unionism started with the
establishment of All India Trade Union of Congress (AITUC) under the
name of Singareni Collieries Workers Union (SCWU) on 16th July, 1945
with Kothagudem as its head office. But there were a number of hurdles
even for starting this union at that time.
The prominent labour leaders like Sheshagiri Rao S. Ramanandham
and Chalapathi Rao had to put in hard struggle with the management many
times the union meetings had to conducted in forests and secret places
because of fear that the police may take violent action against them. The
leaders had to struggle hard to organize and educate the working classes
regarding the benefits of trade unionism. Meanwhile, police carried out
intensive searches throughout the states for the leaders of AITUC. In this
connection police raided the office of SCWU at Kothagudem in September,
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1946 and seized all papers, account books etc pertaining to the union. The
Communist Party was also banned by the Government in the latter part of
1946. As a result, all the leaders of Communist Party and its affiliated trade
unions went underground. Police arrested the leaders of unions and sent
them to jail.
With the arrest of these leaders, the workers movement in SCCL
became weak for sometime. During this time another union viz., Hyderabad
State Mazdoor Sangh and All Hyderabad Trade Union Congress (AHTUC)
were started and established themselves as the major unions. When India
became independent on 15th August, 1947 the leaders of the SCWU were
released from the prison. Again most of these leaders actively involved
themselves in the union activities after their release from the prison. In
Bellampalli Collieries they struck the work for 10 days during March,
1948, demanding for bonus, though the management adopted suppressive
methods and intimidated the union leaders.
After its official recognition, the SCWU submitted a memorandum
of grievances to the Government and to the management on 4th December,
1948.
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The memorandum contained various demands like increase in wage
scales, linking dearness allowance to changes in cost of living, provident
fund bonus, overtime work payment, framing of rules for discharge and
dismissal of workers, improvement of working conditions, abolition of
contract system etc. After repeated meetings of SCWU leaders with
Government officials, the Government announced an interim decision on
January 2nd, 1949, on the memorandum submitted by SCWU. The demands
relating to the wages, dearness allowance, grain shop facilities, abolition of
contract system and discriminatory treatment were referred to an enquiry
committee. Most of the other demands were not totally accepted by the
Government. Even those demands accepted in the interim decision were not
implemented.
There were differences among SCWU and HMs union regarding the
interim decision and its implementation. Meanwhile another union viz.,
TCMLU was started at Bellampally in February, 1949 under the influence
of INTUC leaders. The HMS union again submitted a charter of demands.
As there was no reply either from the Government or from the
management, it organised a general strike from 11th January 1950. On the
same day, a meeting was held between the representatives of SCWU, the
management and the Government. The management promised to look into
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some of the demands but the union leaders insisted on implementation of
some of the demands immediately. As the management did not conclude to
this, the strike was intensified. In this struggle TCMLU had also
participated.
The management threatened the workers that wages will not be paid
to the workers during strike period. The workers could not withstand the
pressure and fear the consequences of prolonged strike. Therefore, they had
called off the strike on 27th January 1950. Dissatisfied with the way in
which the strike was organized a section of the workers organized a rival
union in Bellampally with the name Thandoor Collieries Mazdoor Sangh
(TCMS) in March 1950.Since them clashes between the rival unions had
momented. During 1951, due to the active role of the communists the HMS
union leaders lost their control on SCWU. The communists recaptured the
leadership of SCWU in 1952. The Socialists led by HMS leaders found
their place in TCMLU at Bellampally. Thus the socialists became powerful
at Bellampally area and conducted a strike in Bellampally from 9th June,
1953 on the issue of the compensation payable to the workers consequent
upon the demonstration of Osmania Sicca (currency). However the strike
was called off on 9th July 1953, following an agreement reached
Kothagudem on the same issue from 23rd June 1953.
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On the issue of the compensation which it had been agreed upon
from the workers of the Bellampally. But SCWU did not accept the
proposal initially as it wanted to prove its strength by way of achieving
more compensation than their counter parts at Bellampally. Since the
management was adamant they had to agree to the compensation proposed
to be paid by the management.
After these two strikes at Bellampally and Kothagudem, the unions
concerned became busy trying to consolidate the gains of the strike period.
The Government and management had also taken advantage of the situation
and started playing between Socialist controlled TCMLU at Bellampally
and the Communist controlled SCWU at Kothagudem. As a result the
management recognized the TCMLU as a representative union of the
working class for the Bellampally Collieries, while restricting the
recognition of SCWU to Kothagudem and Yellandu Collieries only. As a
result two recognized unions emerged in SCCL instead of one. Since then
trade union activities increased in the company. Subsequently, a number of
trade unions were established by different sections of workers and political
parties.
273
During the year 1968, INTUC affiliated union under the name
Andhra Pradesh Koila Kangar Union (APKKU) was started at the instance
of late Sri T.Anjaiah. Another union was started with the name Bellampally
Collieries National Employees union in 1971 under the leadership of
congress MP.
During the same year a craft union viz., Singareni Collieries Motor
Drives Association was started by motor drivers to safeguard their own
sectional interests. This was the beginning of tendency of establishing a
number of craft unions during the subsequent period in SCCL. As the trade
union movement grew, a number of new unions came up during the last
two decades. In 1977 Bharathiya Mazdoor Sangh groups started Singareni
Coal Mines Karmika Sangh. In 1978 the center for Indian trade unions
groups in S.C.W.U came out and started its own union under the name of
Singareni Collieries Employees Unions. During 1978 to 1983, 10 more
craft unions were started by Engineers workers, coal chemical complex
workers, super Bazar, employees, mining, Technical staff, Drivers securing
staff, medical drivers employees, Trammers Automobiles, workers, present
in Singareni the craft unions are not functioning.
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At present the major trade unions in Singareni Collieries company
limited, is Singareni Collieries workers union, Singareni Coal mines labour
union, Centre for Indian Trade Union, Godavari loya, Boggaghani Karmika
Sangham, Singareni Mechanical Electrical Workers Union, SCMK Sangh,
Telangana Boggughani Karmika Sangham.
6.9.2 Political affiliation in SCCL :
Political affiliation has been an important feature of trade unionism
in India, due to the fact that the Indian trade union to movement was
nurtured and developed by the political and developed by the political
leaders of the country as part of the national movement for independence.
Even after the attainment of independence the factors that brought about
close affinity between trade unions and political parties have not
disappeared.
The major national land trade unions like AITUC, INTUC, CITU,
BMS, respectively affiliated to the Communist Party of India, the Indian
National Congress, the Communist Party of India (Marxist), Bharatiya
Janata Party. The HMS which was under the influence of the then socialist
party continues to be guided by the same leaders.
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The trade union movement of SCCL is inseparable from the political
affiliation. In fact the first union established in SCCL was at the instance of
AITUC which was affiliated to Communist Party of India. This union has
actually become the burnt of initial problems in organizing workers
movement in SCCL. At present, the unions in SCCL are affiliated to
different political parties like Singareni Collieries Workers Unions
(SCWU) is affiliated to Communist Party of India. The Singareni Collieries
Employees Union (SCEW) affiliated to Indian National Congress,
Telangana Boggugani Karimika Sangam affiliated to political party of
Telangana Rastra Samithi.
The CITU is affiliated to Communist Party of (Marxists). The BMS
union is affiliated to the political party of Bharatiya Janatha Party. The
majority trade unions are affiliated to political parties in SCCL also.
Political affiliation some times brought positive development like
focusing the workers issue at macro level, influencing the Government and
management through political leaders and gaining general sympathy for the
workers movement. It is generally felt that political affiliation has brought
more bane than boon.
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Political affiliation has caused split of major unions into small
unions and led to inter union rivalry for political reasons. Political
affiliations often lead to internal fights and struggles among the workers
themselves without achieving any positive gain. As a result of political
links workers are compelled to attend political meetings and observe
political bundhs. This is resulting in absenteeism, work stoppages and
strikes for the reasons beyond the interests of the workers.
6.9.3 Trade Union Leadership in SCCL :
Like the other trade unions in India, outside leadership is prevalent
in the trade unions of SCCL also. But interesting feature is that most of the
outside leaders of all the trade unions are the ex-workers or employees of
the company. Therefore, the trade union leaders have the required
knowledge of the nature of the work, the working conditions and feelings
of the workers. Except one or two top level trade union leaders, all the other
executive members have grown in the coal mining environment as workers.
However, it is generally observed that it is the political commitment of a
worker to the cause of working class. This has been true for all the trade
unions affiliated to different political parties. As a result, in many cases the
277
trade union leaders in actual practice attach more importance to political
considerations rather than workers interests.
6.9.4 Problems of Trade Unions in SCCL :
After reviewing the evolution of Trade Unions in SCCL, one gets an
impression that trade union movement is engulfed in a number of problems.
Some of the problems are inherent in the workers and trade union leaders
themselves, while some other have cropped up due to the attitude of the
management and socio-political environment of the trade unions in SCCL
include, trade union recognition, inter and intra union rivalries, inadequate
finances, problems of internal management etc.
6.9.5 Recognition of Trade Unions:
One of the important issues in the field of Indian Industrial relations
is recognized unions. The problem of recognition of a union which can
represent the workers interests becomes a ticklish one particularly when
there are multiple unions in the company.
This problem has become a complex exercise due to lack of any
clear cut guidelines or procedure suggested by the Trade union Act, 1926.
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Unfortunately the Trade unions Act, 1926, while providing for
Registration does not say any thing about the procedure for recognition.
The employers are legally free to recognize one or more unions of their
choice or even not recognize any one at all. As soon as a union secures
recognition, rival unions register their protest.
The problem of recognition, however, received the attention of the
National Labour Commissions. The Commissions felt that industrial
democracy implies that the majority unions should have the right to
representation, that is, it should be entitled to speak and act for all the
workers and to enter into collective agreements with the employer.
6.9.6 Recognition Practices in SCCL:
In view of the existence of the number of Trade Unions in SCCL,
the problem of official recognition assumes paramount importance. But due
to the absence of any fixed guide lines on principles, the recognition
procedure adopted by the management invited criticism from the rival
unions. The first trade union i.e., the Singareni Collieries working union
(SCWU) was recognized as early as 1948. This union was recognized for
all the mines in SCCL, as the management felt that it has strong following
among the workers.
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After a lapse of 5 years, the management started recognizing the
unions on the basis of different coal mining areas. Thus in 1953 the
management recognized TCMLU affiliated to INTUC in Bellampally
Collieries while restricting the recognition of SCWU claimed its majority in
Ramagundam Collieries which was under the jurisdiction of Bellampally
area. The Central Industrial Relation Machinery (CIRM) officials after due
verification of membership granted recognition to SCWU in Ramagundam
area also in the month of September, 1998, for the first time in the entire
coal industry, secret ballot was held for the trade unions in SCCL Therefore
the secret ballot was held four more times i.e., on 09-09-1998, 19-02-2001,
14-05-2003 and 09-08-2007. The AITUC and INTUC emerged as
recognized unions.
In SCCL the recognized union i.e., (SCWU-AITUC) elected three
times as a recognized union at the company level at present also enjoying
the status of recognized union at company level.
The SCML (INTUC) elected only one time in the year 2003, to
represent at company level.
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As per the Code of Discipline since the SCCL is a multi unit
industry, it has agreed to have area level representative status unions to take
up the issues relating to the respective area and that area level trade unions
cannot take up company level issues or the issues that cover entire work
force of the industry.
After the conduct of secret ballot, there has been awareness among
the workmen about the role to be played by the recognized union in the new
environment.
The management has also activated its strategy to communicate with
the workmen and their families to protect the interests of the company as
well as workmen. The secret ballot method adopted by SCCL yielded good
results in as much as the number of flash strikes which used to be in the
range of 300 to 400 per year, hence come down in the industry.
6.9.7 Representative status union in the areas :
In the SCCL the elections to the trade unions through secret ballot
held on 09.08.2007, the following trade unions have polled the largest
number of votes in the areas as shown hereunder and accordingly
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representative union status for that area declared by the Regional Labour
Commissioner (Central) Hyderabad and returning officer.
The table 6.4 reveals that the area wise representation of trade union,
to discuss/ negotiate with the management having a right to represent
workmen on that particular area.
The representative status accorded to the above unions in the
respective areas shall be in force for a period of 4 years from the date of the
election i.e., 09.08.2007.
On the whole of SCCL the SC Workers Unions (AITUC), got
highest votes in the election and having a right to represent at company
level and the said union is the recognized union for the above said period.
The recognized union represent the workmen in total work force of the
SCCL.
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Table no: 6.4
Representative status of unions in the areas of SCCL
Sl.No.
Name of the area Name of the representative status union
No. of votes polled
1. Corporate SCML Union (INTUC) 769
2. Kothagudem SC Workers Union (AITUC) 1911
3. Yellandu SC Workers Union (AITUC) 1490
4. Manuguru SC Workers Union (AITUC) 2317
5. Ramagudem-I SC Workers Union (AITUC) 5778
6. Ramagudem-II SC Workers Union (AITUC) 2424
7. Ramagudem-III TBGK Sangham (TRS) 1562
8. Bhupalapalli SC Workers Union (AITUC) 4102
9. Bellampalli TBGK Sangham (TRS) 1094
10. Mandamarri TBGK Sangham (TRS) 4377
11. Srirampur SC Workers Union (AITUC) 5994
Source: Industrials Relations Wing of SCCL.
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6.10 Trade Unions Collective Bargaining Agreements
Collective Bargaining as a method of settlement of the disputes has
been prevalent in SCCL from 1974 onwards. There were many collective
bargaining agreements made from the period 1995 to 2010 between the
representatives of the management of M/s. SCCL (A Government
Company), Kothagudem and their workmen represented by the various
Trade unions in the Company Settlement arrived at under Section 12(3) of
Industrial Disputes Act, 1947.
The following are the collective bargaining agreements in SCCL.
1) The Memorandum of Agreement dated 20.10.1995 between the
representative of management of M/s. Singareni Collieries Company
Ltd, and the workmen represented by the unions at JBCCI and
SAAJAC at Hyderabad.
There was a strike in SCCL started from 16th October, 1995 and the
discussions were held in this connection in detail with the workmen
representatives of various unions on 19th and 20th October in the chambers
of chairman and managing director SCCL, Hyderabad and the following
have been agreed to
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a) Retirement Benefit/ Pension Scheme :
The management agreed the pension scheme when finalized will be
implemented in SCCL also in line with Coal India Ltd.
The management further agreed to deduct 2 percent of wages
(Basic+D.As) from November, 1995 towards retirement benefit/ pension
scheme, pending finalization of the scheme. The arrears with interest will
also be collected from the workers for the period from 01.04.1989 in due
course.
b) Wage Hike and Finalization of D.As :
The management will implement the revised wage structure as per
MOU dated 20.04.1993, as an interim measure with effect from November,
1995. As and when revised wage structure in SCCL also.
2) The memorandum of agreement dated 15th and 16th April, 1996
between the SCCL and five JBCCI Unions represented by the Trade
Unions on behalf workmen at Hyderabad.
a. 6 percent recovery towards interest on 2% contribution for
retirement pension scheme.
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b. Payment of Arrears : Agreed to pay the employees a minimum of
Rs. 1500/- towards arrears to all the employees during the period
01.07.1991 to 31.10.1995 by making up the arrears payable by
paying recoverable advance to that extent.
In view of the above understanding, representatives of the five
JBCCI unions and SAAJAC.
c. Dependant Employment :
The facility of dependant employment will continue in future as
hitherto and the eligible dependants will be appointed in a phased manner
as per the MOU arrived at between the management and unions on
10.08.1995. All the pending cases will be finalized before 31.03.1996.
The agreement has been signed by two representatives of the
management of SCCL and fourteen representatives of the workers of the
various Trade Unions in SCCL have agreed to maintain industrial peace
and harmony.
3) Memorandum of settlement arrived at under section 12(3) of
I.D.Act, 1947 between the management of SCCL and workmen
represented by five JBCCI Unions, viz., Singareni Collieries
286
Workers Union (AITUC), SM&EW Union (HMS), SCML Union
(INTUC), SC Employees Union (CITU), SCMK SANGH (BMS)
and SAAJAC before the Assistant Labour Commissioner (Central) –
I at Hyderabad on 31.07.1997.
The 5 JBCCI Unions and SAAJAC have strike notices separately
over chapter of 20/21 common demands on 02.12.1996.
Discussions were held on the strike notices during the period from
20th December, 1996 to 31st July, 1997 at Kothagudem/ Hyderabad,
bilaterally and before Regional Labour Commissioner (Central), Hyderabad
and before Asst. Labour Commissioner (Central)-I, Hyderabad finally on
31.07.1997. After prolonged discussions on the demands raised in the strike
notices. The following terms of settlement has been reached.
a. Immediate constitution of JBCCI.VI : Both the parties agreed to
take up the above issues with the appropriate authority.
b. Enhancement of Gratuity amount payable to employees from
Rs. 1 lakh to Rs. 2.5 lakhs, on par with other Central
Government Employees : The unions have agreed to drop this
demand, since the Government of India has announced enhancement
287
of maximum gratuity amount payable from Rs. 1 lakh to Rs. 2.5
lakhs.
c. All pending cadre scheme should be finalized without further
delay : Both the parties agreed to take up the issues for expeditious
finalization of cadre schemes and modified cadre schemes by 30th
September, 1997.
d. Immediate employment/ monetary compensation to female
dependants as per clause 9.5.0 of NCWA-V with retrospective
effect i.e. from 01.07.1991 : It is agreed to regulate the provisions of
dependant employment/ monthly monetary compensation to final
dependants in lieu of employment as under, suiting to the conditions
and practices prevailing in SCCL.
e. Regularisation of all acting clerks, drivers, mining staff and
other workers forthwith : In pursuance of minutes of discussions
dated 03.10.1996, it is agreed to consider the cases of employees
acting as clerks, drivers, mining staff and other workmen.
Both parties agreed to send the implementation report to Regional
Labour Commissioner (Central), Hyderabad within in 6 months from the
date of this settlement.
288
The agreement has been signed by the five representatives of the
management and six representatives of the various representing unions in
SCCL.
4. The memorandum of agreement dated 06.06.1998, between the
management and workers represented by the Trade Unions of S.C.W
Union (AITUC), SCML Union (INTUC), S.C. Employee Union
(CITU). SM&EW Union (HMS) and SCMK Sangh (BMS).
The five Trade Unions issued a joint strike notice dated 18.04.1998
over a charter of 15 demands, proposing to go on strike.
The strike notice was seized in conciliation and conciliation
proceedings were held at Kothagudem on 30.04.1998 and 16.05.1998 at
Hyderabad and adjourned to 22.05.1998 because of the divergent opinions
on the issue of dependant employment, the talks remained inconclusive.
The strike commenced from I shift on 25.05.1998.
Further discussions were held on 28th, 29th May, 1998 and 3rd, 4th, 5th
and 6th June 1998.
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The Hon’ble Chief Minister of Andhra Pradesh intervened and settle
the dispute and entered the following terms of settlement.
a) in view of the discussions in the presence of the Hon’ble Chief
Minister of Andhra Pradesh on 24th May, 1998 with JBCCI Unions and
subsequent tripartite negotiations, management has agreed to provide
employment to the cases of dependants of employees on account of death
and medical invalidation (Board Medical Unfitness) as on 31.12.1997 at the
rate of 100 per month as approved by the Hon’ble Chief Minister.
b) Voluntary Retirement Scheme dependant cases out of 1150 pending
as on 31.12.1997 are to be given employment in a period of two
years at the average rate of 30 per month as per seniority.
c) The balance of VRS dependants will be given employment subject
to the availability of the vacancies.
d) In future the dependant’s employment under VRS shall be subject to
the availability of clear vacancy in view projects.
e) Interium relief will be paid with effect from 01.06.1998 on the same
terms and conditions of JBCCI with prospective effect.
290
The agreement has been signed by four representatives of the
management and five representatives of various unions in SCCL.
5) The Memorandum of Agreement dated 03.01.1999 between
Singareni Collieries workers represented by Singareni Collieries
workers union (AITUC) before the Regional Labour Commissioner
(Central), Hyderabad.
The Singareni Collieries Workers Union (AITUC) has submitted
representations No. SCWU/4RV/98/245, dated 20.10.1998 and
SCWU/4RV/98/249 dated 24.10.1998 over a charter of 30 demands, the
major demands being implementation of JBCCI’s guidelines regarding
service linked upgradation and monthly monetary compensation for female
dependents.
After prolonged discussions on the demands raised by the union, on
the advice of the Regional Labour Commissioner (Central) a settlement
have been reached on the issue and the terms of the settlement as follows :
a) Implementation of service linked upgradation (SLU) with
retrospective effect as per the settlement dated 06.06.1998.
291
b) Extension of monthly monetary compensation to female
dependants of deceased/ medically declared unfit employees
arising on or after 01.07.1996.
c) Improvements in welfare amenities in Bhupalpally Region
accepted to provide house plots, and water supply which will be
provided expeditiously in Bhupally Region.
The agreement has been signed by the both the parties.
6) The memorandum of agreement dated 21.02.2000 between the M/s.
SCCL Management and their workmen represented by Singareni Collieries
Workers Union (AITUC) before the Regional Labour Commissioner
(Central), Hyderabad.
The General Secretary Singareni Collieries Workers Union issued a
strike notice dated 29.12.1999 to the management over a 44 demands and
proposing to organize strike on or after 12.01.2000 if the demands in the
strike notice are not settled. The strike notice was seized in conciliation by
the Regional Labour Commissioner (Central), Hyderabad.
The conciliation proceedings were held on 11.01.2000, 18.01.2000,
03.02.2000, after protracted discussions, the conciliation proceedings were
292
adjourned to 07.02.2000. Again the efforts of the Regional Labour
Commissioner both the parties entered into an agreement. The terms of
agreement1 as follows :
a) Immediate finalization of N.C.W.A-VI :
Management of Singareni agreed to pursue vigorously with JBCCI
for early finalization of NCWA. VI wages keeping in view the restiveness
among the workmen over the delay of 42 months.
b. Agreed to implement payment of House Rent Allowance at the rate
of 10% of the basic pay to those employees posted in ‘c’ class town
as per JBCCI guide lines with effect from 1st January 2000.
c. Providing alternative employment to the workmen declared unfit to
their original job, the management accepted subject to the
availability of suitable post on surface or open cast projects.
d. The management agreed that 7 day week with staggering play days
will not be implemented without prior discussions with the
recognized union and the same is kept in abeyance till the
finalization of NCWA-VI.
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In view of the amicable settlement, the union has agreed and it was
signed by the both the parties.
7. The memorandum of agreement dated 21.06.2001 between the
SCCL and their workmen represented by SC worker’s union (recognised
union) in the JAC i.e. AITUC, INJUC, IFTU and HMS at Hyderabad.
The General Secretary, SC Workers Union (AITUC), the working
president SCML Union (INTUC), the General Secretary GLBK Sangam
(IFTU) and the General Secretary, SM&EW Union (HMS) have issued a
joint strike notice No. JAC/Strike/2001/01, dated 20.04.2001, over a charter
of 24 demands. The terms of settlement as follows.
a) Immediate payment of 54 months arrears towards NCWA-VI in
one instalment as in the past :
As per the directions of the Hon’ble Chief Minister of Andhra
Pradesh. It is agreed by the management to pay 60% of NCWA-VI arrears
to serving employees for the period 01.07.1996 to 31.12.2000 (54 months)
as “Adhoc Adjustable Advance” on 14th August, 2001. A decision in
respect of the balance 40% arrears will be taken, in due course of time
better than JBCCI decision.
294
b) No profession tax should be collected from coal miners in view of
their nature of jobs in underground mines :
As per the directive of Government of Andhra Pradesh, recovery of
profession tax from the NCWA employees has been deferred by the
management till further orders from the Government of Andhra Pradesh.
c) Disbursement of 10% cash payment to the employees
consequent on SCCL making profits for the year 2000-01 as in
1999-2000 :
As per the directive of Government of Andhra Pradesh. It has been
agreed by the management to pay 10% of the profit Rs. 85 crores earned by
the company for the financial year 2000-01 i.e. Rs.8.5 crores as special
incentive to the employees of SCCL on 7th, 8th July, 2001.
d) As per the directive of Hon’ble Chief Minister of Andhra Pradesh, it
is agreed by the management that dependant employment in respect of the
waiting dependants of ex-employees, who died in harness/ declared
medically unfit during the period 01.01.1998 to 31.12.2000.
295
These are major demands with the force of the trade unions the
management accepted with the intervention of chief minister of Andhra
Pradesh.
The agreement has been signed by the management of SCCL and
Trade Unions.
8. Memorandum of Agreement dated 08.03.2002 between the
management of M/s. Singareni Collieries Company Limited, Kothagudem
and their workmen represented by SC Workers Union (AITUC) recognized
union, at Hyderabad.
The General Secretary, Singareni Collieries Workers Union
(AITUC) (Recognised Union has submitted a memorandum of grievances
dated 10.01.2002 containing 16 issues addressed to Hon’ble Chief Minister,
Govt. of Andhra Pradesh, and a copy of the same was marked to Chairman
and Managing Director SCCL on 10.01.2002. Bilateral discussions were
held between the representatives of management and union on 6th and 7th
March, 2002 at Kothagudem.
Further discussions were held before Hon’ble Chief Minister of A.P
on 08.03.2002 and finally before Regional Labour Commissioner (Central)
296
at Hyderabad on 08.03.2002. After a prolonged discussions a settlement
under section 12(3) of I.D.Act 1947 has been drawn. The terms of the
settlement are as follows :
a. Employment / Lump sum amount to voluntary retirement
scheme, dependants on par with the dependants of NCWA :
As per the directions of Hon’ble Chief Minister of A.P it is agreed
by the management that in full and final settlement of the company’s
voluntary retirement scheme, all waiting dependants as on date will be
offered monetary compensation of Rs. 2 lakhs or 24 months wages last
drawn (Basic+D.As) by the ex. Employee.
b. Immediate payment of balance 40% arrears towards NCWA-VI:
As directed by the Hon’ble Chief Minister of A.P. it is agreed by the
management to pay balance 40% NCWA-VI arrears to the employees for
the period 01.07.1996 to 31.12.2000 (54 months) on 20th May, 2002.
Both the parties agreed to send implementation report to the
Regional Labour Commissioner within 6 months from the date of this
settlement.
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9) The memorandum of agreement dated 07.02.2003, between the
management of M/s. Singareni Collieries Company Ltd,
Kothagudem and the workmen represented by SC Workers Union,
(Recognised union) AITUC, SCML Union (INTUC), GLBK
Sangham (IFTU), SM&EW Union (HMS), SC Employee’s Union
(CITU), SCMK Sangh (BMS) and Shramika Shakti GLBKS
(AIFTU).
The strike notice issued jointly by the above trade unions on
06.01.2003. Over a charter of 10 demands proposing to organize strike on
or after 20th January, 2003 if their demands are not settled.
The strike notice was seized in conciliation by the Regional Labour
Commissioner (Central), Hyderabad and conciliation proceedings were
held on 10th January, 2003. In the course of conciliation proceedings, the
management representatives informed that as per code of Discipline,
negotiations will be held with only recognized union and we cannot enter
negotiations with Singareni Parirakshna Committee consisting of 7 trade
unions of above stated.
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After commencement of the strike bilateral discussions were held
between the representatives of the management and the unions at
Kothagudem on 25th, 27th, 28th, 29th and 30th January and further
discussions were held before the Regional Labour Commissioner (Central),
Hyderabad. On 05.02.2003, the Chief Labour Commissioner (Central),
New Delhi also intervened and discussed separately with the management
and trade unions and again further discussions were held by the parties
before the cabinet sub-committee Govt. of Andhra Pradesh on 07.02.2003
in the Andhra Pradesh Secretariat.
Finally on 07.02.2003 a settlement under section 12(3) of the
Industrial Disputes Act, 1947 has been drawn. The terms of the settlement
as follows :
a) Stop contractisation in Koyagudem OCP and immediate
withdrawal of surface miner :
The management agreed that in Koyagudem open cast project,
Yellandu Area, the contract period of the surface miner will be reduced to
eight months from the date of memorandum of settlement and company’s
operators will also be deployed on the machine. The company will deploy
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surface miner and coal will be extracted by SCCL only and not entrust to
the contractor.
b) It is agreed by the management that the contractors SDLS will be
replaced by company SDLS within a period of one and half months
time.
c) The management agreed at the request of the union, management
agree to utilize the company’s tradesmen in repair and maintenance
of the machines.
d) The management informed that the drivers working in the company
will continue to work as drivers till their retirement.
e) It is agreed by the management that new mines will be opened by the
company duly obtaining requisite permissions from the statutory
authorities.
f) The management agreed to maintain states quo for a period of 6(six)
months in respect of the hutment area regarding power supply from
the company.
g) The management is taking disciplinary action against employees
including employee trade union leaders strictly in accordance with
the provisions of the standing orders of the company.
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The management assured that there would be no harassment of
employees or employee-trade union leaders.
Both the parties are agreed and signed the memorandum of
settlement.
10) The memorandum of agreement dated 20.08.2004 between the
SCCL and their workmen which was represented by the Singareni
Coal Mines Labour Union (INTUC). recognised union, before the
Regional Labour Commissioner (Central), Hyderabad.
The working president, SCML Union (INTUC), recognised union
has submitted a representation on 05.07.2004 containing 11 issues terming
them as important and be resolved.
Bilateral meetings were conducted by the management but failed to
resolve the issues of Trade Union.
The Recognised union of SCML Union (INTUC) has submitted a
representation dated on 11.08.2004 to the Regional Labour Commissioner,
Hyderabad and the above matter was seized in conciliation by RLL (C)
Hyderabad. After holding elaborate discussions the following terms of
settlement have been reached under sec. 12(3) of I.D.Act, 1947.
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a) Free power supply and water tap connection to all the own houses of
employees who are not provided with company quarters.
As per the management statement there is no provision in JBCCI for
reimbursement of cost of power consumed by the workmen residing in their
own houses and it was not extended in any subsidiaries of Coal India
Limited.
However, at the persistent request of the Recognised Union, it is
agreed to reimburse the cost of power consumed by the workmen residing
in their own houses in colliery areas.
b. All the eligible dependants for jobs from 01.01.2001 to till date
should be provided jobs within a period of three months.
At the request of the recognized union to provide employment to
those eligible dependants (who did not opt for payment of Rs. 3 lakhs
lumpsum amount or monthly monetary compensation of Rs. 3,000/- per
month in lieu of employment). It is agreed to provide employment in
respect of death and board medical unfit cases during the period from
01.01.2001 to 31.12.2003.
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c. The management agreed to take steps to further simplify the
procedures in the provision of medical facilities to employees.
d. The management agreed to not to recover the penal rent who are
illegally occupied the company quarter will be kept in abeyance upto
30.04.2005 to enable the original allottee to occupy his allotted
quarter.
e. The career growth scheme for supervisory/ automobile engineering
disciplines has been discussed extensively and finalized by the
management.
This is full and final settlement of the issues raised in the
representation dated 11.08.2004. Both the parties signed the memorandum
of settlement.
The memorandum of agreement dated 28.03.2005 between SCCL
and workmen represented by the Trade Union Singareni Coal Mines
Labour Union (INTUC) at Hyderabad.
The working president SCML Union (INTUC-Recognised Union)
has submitted representations dt. 25.10.2004 and 03.02.2005 containing 28
issues terming them as of utmost priority issued and to be resolved.
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The issues have been further discussed before the Regional Labour
Commissioner (Central) Hyderabad at 28.03.2005 and after protracted
discussions negotiations the following terms of settlement has been arrived.
i) Payment of mine average to the Budi’s/ Buddhifillers Regularised as
coal fillers (NMA) during the year 2001.
As per the directive of Government of Andhra Pradesh, it has been
agreed to extend payment of mine average wages w.e.f. 01.04.2005 to those
coal fillers who were regularized on 01.07.2001 in pursuance of memo of
settlement dt. 21.06.2001 in the event of their deployment on time rated
acting jobs.
ii) Free power supply at the 78 rate of 30 units per house per month to
all the employees who are not provided with company quarters and
staying in own/ rented houses.
The management agreed to reimburse the cost of power consumed
by the workmen residing in colliery areas or in the near by villages and who
are not allotted company quarters to the extent of 30 units only per month/
per employee at domestic tariff w.e.f. 01.04.2005. Both the parties
agreed and signed on the settlement.
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11. Memorandum of settlement arrived at under section 12(3) of
I.D.Act, 1947, between the management of M/s. Singareni Collieries
Company Limited, Kothagudem and the workmen represented by
the Singareni Coal Mines Labour Union (INTUC) Recognised
Union, before the Regional Commissioner Labour (Central),
Hyderabad on 28.08.2006.
The recognized trade union i.e. Singareni Coal Mines Labour Union
(INTUC) has raised a demand among others that the Badlies /Badli fillers/
Badli workers/ TTMS / who have put in 190/240 musters in any calendar
years should be regularized as coal fillers/ general mazdoors.
However after prolonged discussions, at the persistent request of the
recognized union, with a view to continue to maintain cordial industrial
relations, it has been agreed to consider regularization of certain percentage
of badlis/ badlifillers/ badli workers/ TGM/ TTMs as coal fillers/ general
mazdoors, with the approval of the competent authority.
The recognized union submitted these representations to Regional
Labour Commissioner (Central) Hyderabad, who in turn called both the
parties for joint discussions on 28th August, 2006.
305
The issues have been further discussed in the presence the Regional
Labour Commissioners (Central) Hyderabad on 28.08.2006 and after
protracted discussions, the following terms of settlement has been arrived
at.
1) Regularisation of Badli fillers/ Badli workers/ TGM/ TTMs who
have put in 190/240 muster in any calendar year as coal fillers/
general mazdoors.
a. To regularize all the badli fillers appointed on or before
31.12.1999 and who have to put in 190 musters in
underground mine in any one of the calendar years upto
31.12.2005.
b. All those badlies/ badli fillers/ badli workers/ TGM/ TTMs
numbering around 1875, who will be regularized as coal
fillers/general are liable to be transferred to the areas where
there are vacancies of coal fillers/general mazdoors. If they
do not accept the transfer orders, they will forfeit their claim
for regularization as coal fillers/ general mazdoors.
The management and trade unions signed the agreement, to send the
implementation report to the Regional Labour Commissioner (Central)
Hyderabad.
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12) The Memorandum of Agreement dated 16.04.2007 between the
management of SCCL and workmen represented by the Singareni
Coal Mines Labour Union (INTUC) and Recognised Union.
The Trade Union raised an issue in the matter of regularisation of
badlies and partial modification to the memorandum of settlement dated
19.07.1995. The president of the union has submitted a representation dated
21.03.2007 containing for discussions on six issues of the workers.
The representatives of management have informed that in terms of
MOS dated 28.08.2006 already those 1820 badlis had already appointed.
The management informed that number of vacancies that exist in the
categories of coal fillers/ general mazdoors in the company and so the
union’s request cannot be agreed to.
Review and modification of the cadre scheme security and personal
cropes jamedars in terms of MOS dated 19.07.1995 by making the
company wide selection also had been made.
The trade union put forth the matter before the RLL (C) Hyderabad
who in turn called the both the parties on the representation of the union on
11.04.2007.
307
The issues have been further discussed the Regional Labour
Commissioner (Central) Hyderabad on 16.04.2007 and after prolonged
discussions with a view to maintain cordial industrial relations and
industrial peace, the following terms of settlement have been arrived.
a) To regularise all the badli fillers appointed on or before 31.12.2000
and who have put in 190 musters in underground mine in any one of
the calendar years upto 31.12.2006 as coal fillers as per the seniority
as a very special case notionally, w.e.f. 01.04.2007 and monetarily
w.e.f. 01.05.2007.
b) To regularize all the badies/ badli workers/ TGMs/ TTMs appointed
in category –I on or before 31.12.2000 and who have put 190
musters in underground in any one of the calendar years upto
31.12.2006 as general mazdoors as per their interse seniority as a
very special case notionally, w.e.f. 01.04.2007 and monetarily w.e.f.
01.05.2007.
c) Partial modification to the memorandum of settlement dated
19.07.1995 in connection with selection of Jamedars :
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The management agreed partial modification in promotion of
security guards with three years service in grade F with 7th class will
become eligible for promotion as Jamedar in Technical and Supervisory
grade ‘E’ through test and interview against sanctioned vacancies on
company wise seniority.
Both the parties agreed to send implementation report to the
Regional Labour Commissioner (Central) Hyderabad.
13) Memorandum of settlement arrived at between the management of
SCCL and the workmen represented by Singareni Collieries
Workers’ Union (Recognised Union-AITUC) under section 18(1) of
I.D.Act 1947 on 20th May 2008 at Kothagudem.
The General Secretary, of the union raised an industrial dispute in
the year 1992 demanding for change of designation of Sri.K. Premchander
Rao, Asst. Draughtsman, Main Workshop, Kothagudem in Grade ‘C’ w.e.f.
01.07.1987 as the employee was continuously working in a clear vacancy
of charge hand caused by the retirement of Sri. L. Subrahmanya Sastry in
main work shop.
309
The matter in dispute was seized in conciliation on 11.03.1993 and
after failure of conciliation, the Government of India had referred the
dispute to Hon’ble Industrial Tribunal, Hyderabad for adjudication and the
case was registered as I.D. 25/1993.
The Industrial Tribunal passed on award dated 30.08.1994 directing
the management to confirm Sri.K. Premchander Rao as charge hand grade
‘C’ with effect from 01.07.1987 with all consequential benefits.
The above award has been challenged by the management by filing
Writ Petition No. 2251/1995. The Hon’ble High Court of Andhra Pradesh
vide its order dated 05.09.2006 up held the award passed by the industrial
tribunal.
Again the management challenging the above order, the
management preferred to Writ Appeal. The same is pending before High
Court of Andhra Pradesh.
The General Secretary, SC workers union vide their Ir.No.
SCWU/MWS/A/08/05 addressed to Director of the company requested to
implement the order dated 05.09.2006 in w.p.No.2251/1995 in I.D.No.
25/93 for designating Sri.K. Prem Chander Rao, as Charge hand
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(mechanical) from the present designation of Asst. Draughtsman from the
date of award and monetarily from the prospective date by foregoing
arrears amount.
After holding discussion on the above issue, a consensus has been
arrived by the both the parties agreed to settle the issue amicably on the
following terms and conditions :
a) It has been agreed to designate Sri.K. Premchander Rao as
charge hand (mech) grade wide effect from 01.07.1987 as
personal to him, which should not form a precedent for any
purpose.
b) He will be placed in T&S Grade-B notionally with retrospective
effect from 01.09.1992 as foreman on completion of 05 years
service as chargehand (mech) Gr.C.
c) He will be placed in T&S Gr.A as foreman incharge notionally
with effect from 01.03.2005 with monetary benefit w.e.f.
01.03.2005 including bungalow upkeep allowance, which is
admissible to NCWA ‘A’ Grade employees but not the
conveyance allowance.
311
d) The union and the petitioner employee agree not to raise any
further dispute on this issue before any forum or court of law and
the dispute stands settled wholly and finally.
e) Both parties agree to file a copy of memorandum of settlement
before the High Court of Andhra Pradesh praying to pass
appropriate orders to close the dispute pending in writ appeal.
The management, and the trade-union and the petitioner signed the
agreement on 20.05.08.
14. Memorandum of settlement arrived at under section 12(3) of the
Industrial Disputes Act, 1947 between the management of M/s.
Singareni Colliers Company Limited, Kothagudem and the workmen
represented by the Singareni Collieries Workers’ Union (AITUC)
recognised union, before the Regional Labour Commissioner
(Central) Hyderabad on 24.09.2008.
The trade union of Singareni Collieries Workers Union (AITUC) has
submitted demand notices, dated 18.02.2008, 07.07.2008 and 16.07.2008
containing 24 issues terming them as important and long pending.
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The General Secretary, SC workers union marked a copy of the
demand notice dated 16.07.2008 to RLC (C) Hyderabad as the bilateral
discussions with the management were failed. The Regional Labour
Commissioner was seized the matter, and fixed the conciliation proceedings
on 05.09.2008, with a view to bring about an amicable settlement in the
dispute.
The management agreed to pay 16% of the net profit earned by the
company for the year 2007-2008 and it has been paid as special incentive
on 09.09.2008 as per the directions of the Government of Andhra Pradesh.
Further discussions were held by RLC (C) Hyderabad with both the
parties on 24.09.2008 to bring about an amicable settlement. After
protracted discussions, the following terms of settlement have been
reached.
a) Payment of Interim Relief Arrears towards NLW-4-VIII should be
made in one single instalment without reference to JBCCI as has
been paid earlier.
The management agreed after prolonged discussions to pay interim
relief arrears of National Coal Wage Board Agreement- VIII for the period
313
from 01.07.2006 to 31.03.2008 in one instalment on 17.10.2008 to on –roll
employees as a special case to motivate them to put in their best efforts to
achieve production and higher productivity for the year 2008-2009.
b) Reimbursement of cost of 12 LPG cylinders in view of irregular
supply. The issue raised by the union and agreed to improve the
supply of LPG cylinders to Singareni Super Bazar by discussing
with nationalized oil companies.
c) Payment of Exgratia of Rs. 5.00 lakhs in addition to workmen
compensation for fatal accidents on par with Coal India Limited.
The management agreed the above demand as per the directions of
the Government of Andhra Pradesh, to make payment of the special
exgratia of Rs. 5 lakhs to direct dependant on the employee who dies or
becomes permanently disabled in any mine accident arising out of and in
the course of employment, which would be in addition to the amount
payable under Workmen’s Compensation Act, 1923 with effect from
27.08.2008.
The above agreements are signed by the both the parties on
24.09.2008.
314
15) Memorandum of Settlement arrived at under section 12(3) of the
Industrial disputes Act, 1947, between the management of M/s.
Singareni Colleries Company Limited, Kothagudem and the
workmen represented by the Singareni colleries workers union
(AITUC), the recognized union, before the Regional Labour
Commissioner (Central) Hyderabad on 09-04-2009 at Hyderabad.
The general secretary Singareni Collieries working union (AITUC)
has submitted representations dated 13-01-2009, 25-02-2009 addressal to
the Director of the Company, and copy marked to RLL(C) Hyderabad for
immediate implementation of the order dated 25-11-2008 of the Hon’ble
High Court of Andhra Pradesh in writ petition No. 22009/04 with regard to
payment of arrears of charge allowance to the fitters and electricians in
SCCL for the period from 01-01-1974 to 30-09-2002 with interest accrued
on deposited amount. The trade union further agreed to enter into a
settlement with the management for smooth distribution of charge
allowance to the eligible workmen.
The issues have been further discussed in the joint meeting convened
by the Regional Labour Commissioner (Central) Hyderabad on 9th April
2009 and after detailed discussions, the following terms of settlement have
315
been arrived with a view to implement the order of the Hon’ble High Court
of Andhra Pradesh in W.P. No. 22009 of 2004 in I.D. No. 34 of 1984.
The management agreed to disburse the amount of charge allowance
arrears amount for the period from 01-01-1974 to 30-09-2002 along with
interest accrued on the deposit lying in the industrial Tribunal, Hyderabad,
to the eligible fitters and Electricians on-roll as well as ex-employees.
a) The charge allowance arrears will be paid to the eligible Fitters and
Electricians who are / were working in underground/ open cast-
mines only for the period from 01-01-1979 to 30-09-2002.
b) It has been agreed by the management to pay the arrears amount of
Rs. 1,76,30,185 at the rate of Rs.40 per month per electrician and
fitter as per their eligibility.
An amount of Rs. 1,70,51,273 was accrued as interest on the deposit
of Rs. 31,29,980/ lying in the Tribunal from 21-05-1990 to 07-02-2009.
This amount is also to be disbursed to all the eligible fitters and electricians.
c) A copy of the list of the payment of arrears of charge allowance for
the period from 01-01-1979 to 30-09-2002 will be given by 10-04-
316
2009 to the unions concerned in the writ petition i.e., S.C. workers
union (AITUC – Recognised union) and SM & EW Union (HMS)
and requesting to offer their objections / suggestions as to the
identity of the workmen shown in the list.
d) The amount of Rs. 20,57,275/- which was deposited by the
management on 22-12-2004 on the orders of the High Court of
Andhra Pradesh. The recognized union agreed to cooperate to with
draw the amount lying in the Tribunal.
The above agreement is in full and final settlement between the
management and trade union.
Both the parties agreed and signed to send the implementation report
to the Regional Labour Commissioner (Central) Hyderabad.
16) Memorandum of settlement arrived at under section 18(1) of
Industrial Dispute Act, 1947 between the management of the SCCL
and the work on represented by Singareni Collieries Workers Union
(Recognised-union) AITUC, on 15-04-2010 at Kothagudem.
The employee by name, Sri A. Nageswara Rao, Electrician, Area
Workshop, Ramagundam Area-I, working in the company and the
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employee was promoted as charge hand (Electrical) grade ‘B’ with effect
from the date the reports for duty with a condition that he should acquire
certificate of competency of electrical supervisor with mines installation
with in 3 years which is statutorily required under the Indian Electricity
Rules and Coal Mines Regulation, 1957.
The employee has not obtained electrical supervisory certificate
according to the rules and fixed a writ petition No. 287/1999 on the file of
the Hon’ble High Court of Andhra Pradesh praying for setting aside the
impugned conditions in the promotion order dated 09-09-1993 and to
confirm him as Electrical charge hand in the company.
The Hon’ble High Court of Andhra Pradesh dismissed the above
Writ Petition vide its order dated 24-06-2005. Aggrieved on the order of the
Hon’ble High Court, the employee filed Writ Appeal No. 2232/2005 in
W.P. No. 287/1999 which is pending before the Hon’ble High Court of
A.P.
The employee has been making several representations to confirm in
his post and because of old age his health & not permitting to work in
underground which is required to obtain electrical supervisory certificate
318
with mines installation. The employee with drawn the writ Appeal from the
High Court of A.P. The matter was espoused by the Singareni Collieries
workers union AITUC- Recognised union. After prolonged discussions
with the management, the following understanding has been reached under
section 18 (1) of I.D. Act, 1947 on 15-04-2010 at Kothagudem.
a) The management agreed to confirm Sri A. Nageswar Rao, Charge
hand (Elec) in Tax grade-B in his post w.e.f. 22-12-1993 as a
special case and the due increments will be released accordingly.
b) The employee agreed to forego the cadre scheme time bound
promotions under company’s cadre scheme in terms of MOS dated
03-03-1989.
In view of the above settlement, the union and workman in dispute
agreed that no claim will be raised in future regarding promotion to higher
grades and it is treated as full and final settlement of the case.
The Management of SCCL and Union General Secretary of SCW
Union (AITUC) and the workmen signed the agreement.