memorandum of settlement - sasmira of settlement (under section 2(p) read with section 18(1) of...
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MEMORANDUM OF SETTLEMENT
(Under Section 2(p) read with Section 18(1) of Industrial Disputes Act, 1947) read with Rule 62 of the Industrial Disputes Act
(Bombay ) Rules 1957.
BETWEEN
The Synthetic & Art Silk Mills’ Research Association (SASMIRA)
Sasmira Marg, Worli, Mumbai 400 030
AND
Sarva Shramik Sangh L.T. Vasahat St. No.3
Dadar (E), Mumbai 400 014
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Representing Employer: 1) Mr. Maganlal H. Doshi President
2) Mr. U.K. Gangopadhyay Executive Director
Representing Workmen: 1) Mr. Deepak Bhalerao
General Secretary 2) Mr. Shishir Dhavle
Secretary
SHORT RECITAL
DEFINITIONS
„SASMIRA Institute‟ means all activities carried out now and by
SASMIRA Institute at Worli except Technical Institute which is
aided by Maharashtra Government through Directorate of
Technical Education and Powerloom Service Centres at Bhiwandi
aided by Central Government.
„Technical Institute‟ means SASMIRA‟s Institute of Man-Made
Textiles aided by Maharashtra Government.
„Powerloom Service Centres‟ means SASMIRA‟s Powerloom
Service Centres run at Bhiwandi aided by Central Government.
„SASMIRA‟ means all the three mentioned above.
The Synthetic & Art Silk Mills‟ Research Association (SASMIRA) is
registered under the Societies Registration Act 1860. Being a
deemed Public Charitable Trust the Society is registered under the
provisions of Bombay Public Trust Act 1950 and having its office at
the address given in the title (hereinafter referred to as the
“Association”). The workmen are the members of Sarva Shramik
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Sangh, a Recognised Union under the provisions of MRTU & PULP
Act for SASMIRA, representing the employees employed at
SASMIRA Institute as well as Powerloom Service Centres
(hereinafter referred to as the “Union”.).
The earlier settlement dated 30.08.2000 signed between the parties
had expired and accordingly the Union sent intimation of
termination of the said settlement vide its letter dated 29.3.2004.
Thereafter the Union also submitted its charter of demands vide its
letter dated 11.07.2005. After submission of the charter of
demands by the Union, Management of the Association (hereinafter
referred to as the “Management”) also vide its letter dated
03.08.2005 had submitted their charter of demands. After
submitting the charter of demands by both the sides, as they could
not arrive at any amicable solution. The situation led to initiation
of litigation before various authorities at the instance of the Union
and its office bearers.
Based upon prolonged discussions, both the parties arrived at an
amicable Settlement on 6th August, 2008, providing for issues of
immediate concern and for future.
Various steps required in compliance of the settlement of 6th
August 2008 were initiated including appointment of Mr. N.J.
Thomas as One Man Commission. In the meantime, the final
recommendations of the 6th Pay Commission came to be accepted
by the Central Government for its employees. The Union by its
letter dated 20.10.2008 demanded implementation of the said
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recommendations, for SASMIRA employees. The Association by its
letter dated 20.11.2008 explained its view on the said issue. By report
dated 25.09.2009, Shri N.J. Thomas submitted his report and
recommendations for the consideration of the parties. The Union
submitted its views on the said report.
The parties to the Settlement rediscussed the entire issue of long term
settlement, point by point and have arrived at the present settlement
after taking into consideration various factors including the
acceptance and implementation of 6th Pay Commission by The
Directorate of Technical Education to non-teaching staff of T.I. and
other related factors like financial position, future prospects and
plans of expansion of activities of SASMIRA etc. The need for
improvement in performance at every level including individual
employees of every cadre, departments, projects and Sasmira as a
whole has been accepted by everybody. Quantitative and qualitative
improvement of performance has been accepted as a need of the day.
The need for optimum utilisation of the resources and curtailment of
avoidable expenses by making necessary alterations in schedule of
working in various activities of Sasmira and to bring it at par with
such activities was emphasized by the management during
discussion. It was also discussed that six days working with staggered
weekly off for all employees would be an ultimate requirement for the
same.
After prolonged and protracted discussions, both the parties have
finalised the long term settlement on the terms and conditions
which are recorded herein below:
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TERMS OF SETTLEMENT
It is hereby agreed by and between the parties as under:
I. TECHNICAL INSTITUTE
That in view of the acceptance and implementation of
bifurcation of Technical Institute and in view of the Clause (I)
of Settlement dated 06th August, 2008, service conditions of
Employees of Technical Institute shall continue to govern as
provided in the said Settlement dated 06th August, 2008,
modified to the extent of working hours and Leave Rules as set
out in Annexure “A” & “B” of this Settlement.
II. IMPLEMENTATION OF PAY COMMISSION’S RECOMMEN-
DATIONS :
a) The Management has expressed it‟s concern that it is not
possible to implement the recommendations of Pay
Commission as declared from time to time. However, as a
special case, the Management has agreed to implement the
recommendation of 6th Pay Commission in so far as it relates
to the items like revised basic wage scales / pay bands,
Grade Pay, revised Dearness Allowance, House Rent
Allowance as announced by the Central Government
retrospectively from 01-01-2006.
b) Performance being the guiding principal, it is agreed that the
Association shall have every right & liberty to take recourse
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to provisions contained in Standing Orders framed under the
Industrial Employment (S.O.) Act as well as the Payment of
Wages Act and other statutory provisions while granting
annual increments.
c) As regards the issue of payment of arrears of the revision,
payable under clause (a) above, the Management has
expressed that the burden of payment of entire arrears from
01-01-2006 is required to be bifurcated into two parts and
for the arrears of revision for the period from 01.01.2006 to
31.03.2009 the Association has already approached the
Ministry of Textiles. Government of India for additional
Grants / payments and upon final outcome thereof, the
issue for this period would be discussed and resolved by
mutual discussions between the parties to the Settlement.
As regards arrears of revision payable from 01.04.2009 to
31-12-2010, it is agreed that the Association shall make the
payment of the arrears arising, after adjustment, if any. The
employee shall be paid revised salary after the benefit of due
fitment as per the norms laid down from 01-01-2011.
d) The implementation of recommendations of Sixth Pay
Commission and payment of arrears as above to employees
of Sasmira Powerloom Service Centres shall be made upon
receiving adequate Grants from the Ministry of Textiles,
Government of India and till then they will continue to get
D.A. as announced by Central Government from time to
time.
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III. OTHER SERVICE CONDITIONS OF THE EMPLOYEES
WORKING IN THE DIFFERENT ACTIVITIES OF SASMIRA
a) The report of Mr. Thomas which is titled as Personnel
Policy submitted to the Association on 25.09.2009 is hereby
accepted with necessary modifications as provided in this
settlement under various clauses.
Accordingly the service conditions of the employees hence
forth shall be governed by the said personnel policy.
b) The said Personnel Policy manual also stands amended /
modified wherever the applicable statutory provisions
provide for better benefits to the employees and wherever
the rules and regulations framed by the granting
authority provide for different provisions in relation to the
items of service conditions covered under the said
manual.
c) The Personnel Policy manual shall be made applicable on
and from 01-02-2011.
d) It is agreed that all Annexures “A” to “D” to this
Settlement as modified from the previous settlements shall
governed various service conditions contained therein and
shall be made effective from 01.02.2011.
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e) It is agreed that provisions regarding Washing Allowance,
Leave Travel Allowance, Overtime Wages and Compensatory
Off, Working Hours, Leave Rules, Accumulation of Earned
Privilege Leave, etc. which are enjoyed as of now shall be
continued hereinafter also. However, working hours may be
extended for all employees with staggered weekly off for six
days a week as and when required after mutual discussion with
the union. As regards Mediclaim premium and Medical
Allowance, it is agreed that in place of existing practice, the
employees shall be eligible and shall be paid the entire amount
of ` 1500/- per year only after they produce necessary
documentary evidence of enrolment to any of the Mediclaim
policy for himself / herself. This shall be made effective from
calendar year 2011. Such of the employees who have availed
part payments under the previous settlements shall also be
eligible to the above revision upon compliance. The
Management is examining the proposal for introduction of
Group Mediclaim Scheme for all the employees and an option
would be given to the employees to continue their individual
Mediclaim Policy or to join the Group Mediclaim Policy for
employees only. In the event of premium thereof being lesser
than the existing allowance, the Management shall
correspondingly improve upon the sum assured. This exercise
shall be completed within six months of signing of this Settlement.
f) The employees who have availed Leave Travel Allowance in the
block of 2010-2012, before signing of this Settlement shall be paid
the arrears on account of implementation of revised basic wages
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under this Settlement. However, the date of payment thereof shall
be mutually decided.
IV. DEVELOPMENTAL ACTIVITIES:
The Management has plans for utilisation and development
of their existing resources including utilisation of the
property / premises for generation of additional funds in the
interest of the Association in the long run and the Union has
agreed to extend its full co-operation and extend required
unhindered support for the said developmental plans, as it
will benefit the society at large, including students, textile
employees and the organisation etc.
V. POWERLOOM SERVICE CENTRES, BHIWANDI
a) Bhiwandi Powerloom Service Centres is receiving 100%
grants from the Central Government under plan scheme and
accordingly based on the said grant the benefits are
extended to the employees working at Power Loom Service
Centres. It is agreed between the parties that the employees
who are appointed at SASMIRA for working in SASMIRA,
Worli and deputed to Power Loom Service Centres, shall be
accommodated in SASMIRA in case the Power Loom Service
Centres is discontinued for any reasons.
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b) It is further agreed that in case of discontinuation of Power
Loom Service Centres for any reason, the decision about the
employees who are directly appointed to work at Power Loom
Service Centres will be taken mutually after taking into
consideration the prevailing circumstances and situation.
VI. GENERAL:
a) The parties shall endeavour to resolve the disputes/differences,
if any, that may arise in future by mutual discussions.
b) In view of the above terms of settlement, all the demands as
raised by the union vide its charter of demands letter dated
11.7.2005 and 20.10.2008 so also charter of demands as
submitted by the management vide its letter dated 03.08.2005
shall stand resolved.
c) The arrears if any arising out of this settlement for the period
from 1-4-2009 to 31-12-2010 shall be paid in two equal
instalments i.e. 50% before 31st March, 2011 and 50% before
30th September, 2011.
d) The arrears to T.I. employees in respect of Medical, LTA, etc.
payable under the settlement of 6.8.2008 which have remained
uncollected shall be paid to eligible T.I. employees before 31st
March, 2011.
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e) DONATION: The Union shall submit a Resolution to
Management regarding deduction of donation at source and on
receipt of the said Resolution, Management agrees to effect
deductions towards donation accordingly, however this will not
apply to Management category and remit it to the Sarva Shramik
Sangh within one week thereof.
f) It is agreed that to maintain the spirit of co-operation and
efficient working of the Association. It is agreed to maintain peace,
normalcy and dignity of the Association.
g) Period of Settlement : That these terms of Settlement shall
be binding on the parties for a period of five years from the date of
signing and any change of the Union or its status of recognition
shall not affect the terms of this Settlement
h) All other benefits and facilities which are not altered under
this Settlement but are enjoyed as of now by the employees shall
be continued hereinafter also.
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IN WITNESS WHEREOF BOTH THE PARTIES HERETO HAVE
HEREUNTO SET THEIR HANDS ON THIS SETTLEMENT ON THIS
______ DAY OF JANUARY 2011.
FOR & ON BEHALF OF SARVA SHRAMIK SANGH
FOR & ON BEHALF OF THE SASMIRA
D.S. BHALERAO MAGANLAL H. DOSHI GEN. SECRETARY PRESIDENT
SHISHIR DHAVLE
SECRETARY
U.K. GANGOPADHYAY
EXECUTIVE DIRECTOR WITNESSES:
1.
2. Copy to: 1. Secretary to the Government of Maharashtra Labour Department Mantralaya, Bombay-400 032 2. Commissioner of Labour Kamgar Bhavan, Maharashtra State 1st Floor, Block-E, C-20, Opp. Reserve Bank of India
Bandra-Kurla Complex, Bandra (E), Bombay-400 051. 3. Deputy Commissioner of Labour (Admn.) Kamgar Bhavan, Maharashtra State 1st Floor, Block-E, C-20, Opp. Reserve Bank of India Bandra-Kurla Complex, Bandra (E), Bombay-400 051. 4. The Conciliation Officer Kamgar Bhavan, Maharashtra State 1st Floor, Block-E, C-20, Opp. Reserve Bank of India Bandra-Kurla Complex, Bandra (E), Bombay-400 051.
Annexure A : Working Hours Annexure B : Leave Rules Annexure C : Overtime / C.O. Annexure D : L.T.A.
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Annexure “A”
WORKING HOURS
I. Subordinates and Maintenance Staff as also employees
engaged in the workshop:
9.00 A.M. to 5.30 P.M.
Lunch Break of 30 minutes
Number of working days in a week will be Five.
II Lecturers and Teaching Staff, Non-teaching Staff and Staff
exclusively working for teaching activities and educational
work may be required to work from 7.30 A.M. to 8.00 P.M.,
depending upon the exigencies of work with staggering
working hours and weekly off with Six days Week.
III All others:
10.00 A.M. to 5.30 P.M.
Lunch Break of 30 minutes
Number of working days in a week will be Five.
IV Number of working days in a week at PSC I and PSC II at
Bhiwandi will be from Monday to Saturday as follows:
1) Subordinate, Maintenance Staff as also
employees engaged in Pilot Plant:
9.00 A.M. to 5.30 P.M.
2) All Others: 10.00 A.M. to 5.30 P.M.
The employees at Bhiwandi will continue to work six days a week
with the proviso that the employees will take alternate Saturday off
and the same will be staggered among the staff in such a way that
services in PSC I and PSC II will be available on all Saturdays. The
pattern of staggering will be decided by the Association. Fifth
Saturday, if any, in a particular calendar month will be working day
for all employees at Bhiwandi.
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V. The employees except those belonging to watch and ward
department and those working during staggered working hours shall
have the benefit and advantage of 30 minutes flexible working timing
at the commencement and completion of working hours and it is
mandatory for every employee to complete his daily working hours
within the flexible timing, as prescribed above. In view of this flexible
working timing, the earlier provisions in relation to late coming, early
leaving, and concession for time to attend banking work are hereby
discontinued with effect from 01-02-2011. All the employees shall
strictly follow the revised timing i.e. flexi time between 9.00 A.M. to
9.30 A.M. and corresponding completion between 5.30 P.M. to 6.00
P.M. as also flexi time between 10.00 A.M. to 10.30 A.M. and
completion between 5.30 P.M. to 6.00 P.M.
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Annexure “B”
LEAVE RULES
The Leave Rules shall be called the Synthetic & Art Silk Mills’
Research Association (Leave) Rules 2000.
1. Interpretations:
1.1 “Association” shall mean the Synthetic & Art Silk Mills’
Research Association, Mumbai.
1.2 “Employees” means any person in employment of the
Association or salaried officer of the Association.
1.3 Words imparting masculine gender shall include feminine
gender and vice versa.
1.4 Words imparting singular number shall include the plural
number and vice versa.
1.5 “Pay” shall mean unless explained for any specific purpose
the basic pay.
2. Classification of Leaves
i) Casual Leave
ii) Privilege Leave
iii) Vacation
iv) Sick Leave
v) Leave without Pay
vi) Maternity Leave
vii) Study Leave
viii) Special leave
3. General Principles
3.1 Leave cannot be claimed as a matter of right
3.2 The leave sanctioning authority may refuse, revoke or curtail
leave of any kind as situation or exigencies of service might
demand. However, such an action by the Association shall not
be unreasonable.
3.3 It is not open to the sanctioning authority to alter the kind of
leave due and applied for.
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3.4 Leave of one kind taken earlier may be connected into leave
of different kind at a later date at the request of the employee
and at the discretion of the authority who granted the leave.
3.5 An employee will be allowed to suffix and/or prefix any
holiday/holidays to the leave to be availed. However any
intervening holiday/holidays including weekly off/offs during
the period of leave will be counted as part of the leave period
and shall not be excluded except in the case of casual leave
and compensatory offs.
3.6 An employee shall apply in writing to the Association for
availing of the leave in the prescribed form available with the
office of the Association. Such application shall be made in
advance and employee shall not proceed on leave without
prior sanction by the Association. However, the Association
may in special cases, sanction leave on the application made
on the eve of proceeding on leave or ex-post facto. No
employee will leave the place of work without punching his
attendance card during the duty hours.
3.7 If any employee, after proceeding on leave requires an
extension thereof, an application for the purpose shall be
made to the Association well in advance of the expiry of the
leave and ensure that Association has sanctioned the leave
sought for. A written reply either of the grant or the refusal of
the leave may be sent to the employee at the address in the
records of the Association given by the applicant. However,
failure to receive a reply from the Association will not be
treated as valid reason for the applicant to proceed on leave
without confirmation.
3.8 An employee is liable to disciplinary action, if he remains
absent without sanction of leave or overstayed of leave
without proper sanction. Such leave may be treated as leave
without pay for such periods and periods will not be counted
for increment.
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3.9 All leave records and calculations of leave will be according to
calendar year, and will generally be calculated from 1st
January of each year. However, if any employee joins after
January of the relevant year, he may be considered to avail of
his leave proportionately, at the discretion of the Association.
4. Casual Leave (CL)
4.1 All employees shall continue to be granted 8 casual leaves in
a calendar year.
4.2 Not more than 4 casual leaves shall be allowed during the 1st
half of the calendar year and the balance casual leave shall be
allowed in the 2nd half of the calendar year. Exception, if any,
may be made at the discretion of the management.
4.3 Casual leave shall not be prefixed or suffixed with privilege
leave and cannot be combined with joining time.
4.4 Casual leave can be prefixed and/or suffixed to public
holidays/weekly off/compensatory off/sick leave and in such
cases the leaves/holidays falling during the period of casual
leave will not be counted as paid of casual leave provided the
casual leaves was pre-sanctioned.
4.5 Casual leave can be taken for half-day also and the lunch
interval shall be the dividing line for such leave.
4.6 An employee shall not avail casual leave exceeding 3 days at
a time. However, limit of 3 days may be extended on the merit
of the case, at the discretion of the sanctioning authority.
4.7 Casual leave will not be allowed to be accumulated and to be
carried forward to the next year and will not be encashable.
4.8 Late coming will attract deduction of ½ day casual leave on
each occasion. No privilege leave or sick leave will be allowed
to be availed by any employee against late coming.
5. Privilege Leave (PL)
5.1 Privilege Leave (earned leave) will be earned by the employee
in addition to any other leave he is entitled to at a rate of 1 day
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for every 11 days of his service subject to a maximum of 33
days in a calendar year.
5.2 For purpose of calculating the PL due to an employee his
probation period of service with the Association, if any, will be
taken into account.
5.3 Ordinarily an employee shall be granted privilege leave for a
minimum period 4 (four) days at a time but not more than
three occasions in a calendar year. In case of special
circumstances, the Association may consider granting PL on
more than the limit prescribed.
5.4 In case employees who join/retire/resign/removed/dies in the
middle of a calendar year credit will be afforded at a rate of 2
¾ days for each completed calendar month of services subject
to a maximum of 33 days in a calendar year. While affording
credit, fraction of a day should be rounded off to the nearest
day e.g. 7 ½ days to be rounded off as 8 days.
5.5 Privilege leave can be accumulated upto 300 days.
5.6 An employee may be granted PL for a continuous period of
only upto 120 days at a time. Exception may be considered on
the merits of the circumstances by the Association. However,
PL may be availed at a time upto 300 days in the case of
leave preparatory to retirement.
5.7 An employee shall be entitled to encash his PL accumulated
to his credit at the end of his services under the Association at
the rate of pay last drawn by way of leave salary.
5.8 An employee should get his PL sanctioned at least 10 days in
advance from the date of his proceeding on leave, unless in
case of urgent cases or in unforeseen circumstances, a
shorter notice may be acceptable at the discretion of the
Association.
5.9 Casual leave cannot be prefixed or suffixed to PL.
5.10 Holidays/weekly offs can be prefixed or/and suffixed to PL but
in all other cases when weekly offs/holidays fall between the
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1st and the last days of the leave period it (they) shall be
counted as part of the leave taken.
5.11 The Association may in case of exigencies of services, call
back any employee from leave for duty and in such case it
shall be the duty of such employee to resume duty forthwith.
However, such employee in such an event shall be entitled to
the travelling and incidental expenses for such rejoining the
duty in case he was out of station at the time when he is called
back to resume duty.
5.12 While granting the leave, the leave sanctioning authority will
take into account the employees convenience. However, the
authority will also have to ensure that proper manpower exist
for work at any given time in such department of the
Association and regulate the number of employees availing PL
at the same period.
5.13 An employee will be allowed to proceed to PL after completion
of one year of his service to the Association.
5.14 PL will not be credited to vacation staff unless specified under
rules for vacation.
6. Vacation
6.1 Categories of vacation staff.
(a) Principal, (b) Lecturers (c) Asstt. Lecturers, (d) Lab.
Assistants in Education Department (e) Supporting staff such
as Lab. Attendants, Cleaners etc., utilised for teaching
purposes (f) all other staff as will be specified during
appointment or notified later.
6.2 No PL will be credited to vacation staff in any year in which he
avails of the full vacation.
6.3 Vacation will be of minimum 60 days in one calendar year,
depending on the Teaching/Instructions schedule in the
Education Department of the Association.
6.4 If in any year, he does not avail himself of any vacation as is
prevented from enjoying more than 15 days of vacation, PL
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will be admissible to him in respect of that particular calendar
year as specific in the PL rules.
6.5 If in any year, he could avail of only a portion of the vacation,
he will be entitled to PL in such proportion of 30 days, as the
number of days of vacation not taken bears to the full
vacation.
6.6 The non-availing of vacation should be due to orders from a
higher authority asking him to render his duties during
vacation period.
6.7 Vacation can be combined with any leave other than CL but
the total duration of vacation and those leave combined
should not exceed 120 days at a time.
6.8 For availing accumulation/encashment of PL by vacation staff
the rules laid down for the same in PL rules will be followed.
7. Sick Leave
7.1 Sick leave shall be granted to all employees and those
employees who have put in one year of continuous service for
the Association. New entrants will be given sick leave in
proportion to his service period.
7.2 The sick leave admissible to a member in respect of each
calendar year shall be 15 days with effect from 1.1.2011. Half
day sick leave is allowed to be enjoyed for not more than 6
occasions in a calendar year.
7.3 More than 2 days sick leave at a time shall be supported by
medical certificate issued by a Registered Medical
Practitioner. The Association will have a right to insist on
medical certificate from a medical practitioner appointed by
the Association.
7.4 Resumption of duty on expiry of sick leave will be permitted
only on production of a certificate of physical fitness from a
Registered Medical Practitioner to the satisfaction of the
Association.
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7.5 Sick Leave may be allowed to be accumulated to the extent of
180 days (full pay). All accumulated leave in excess of this
will be considered as having lapsed and will stand forfeited.
7.6 Sick leave for half day may be granted only when there is no
CL due/entitled.
7.7 An employee shall be entitled to take CL or PL in continuation
of the SL if the SL to his credit is exhausted.
8. Leave Without Pay
8.1 When no other leave is admissible, leave without pay may, in
exceptional circumstances, be granted to him at the rate of
one month for every completed year of service but subject to a
maximum of 180 days.
An employee shall be allowed to remain on leave without pay
for a period not exceeding 180 days during the entire period of
his service under special circumstances such as his own
sickness, sickness in the family and for such other special
reasons. Such leave without pay shall be permitted on having
exhausted other leave due to him. The Association reserves
the right to refuse such leave without assigning any reason
and it cannot be claimed as a matter of right.
8.2 When an employee is on leave without pay, he will not be
entitled to any allowances whatsoever for the entire period of
such leave.
8.3 Leave without pay shall not be counted as “service” and the
yearly increment due to such an employee will be advanced in
proportion to leave without pay taken thereon.
NOTE :- Subject to any statutory provisions relating to leave for the
time being in force, all leave, whether privilege leave, casual
leave or leave without pay, will be granted at the convenience
of the Association and nothing will limit the free discretion of
the Association to refuse, revoke or curtail such leave as the
exigencies of the Association’s business may require.
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9. Maternity Leave
9.1 A married female member who is in service of the Association
at least for a period of 1 year shall be entitled to maternity
leave, on medical certificate, for 90 days with full pay provided
that she is not gainfully employed or serves elsewhere. The
employee can proceed on such leave 4 weeks in advance to
the probable date of confinement. An application in writing
should be made in this respect to the Association duly
supported by a certificate by a Medical Practitioner.
9.2 Any leave except CL could be allowed to be suffixed in
continuation of the maternity leave.
9.3 A certificate of physical fitness from a competent medical
authority should be produced at the time of joining the service
after expiry of the maternity leave.
9.4 Benefits of maternity leave shall be granted only twice during
the entire period of service in the Association.
9.5 Female employee shall be entitled for 6 weeks leave for
miscarriage/abortion on two occasions.
10. Study Leave
10.1 An employee may be granted study leave at the discretion of
the Association for a maximum period of three years provided
the member is proceeding on leave for further studies and the
knowledge that he would acquire be beneficial to the
Association. The employee proceeding on such leave will
have to execute a bond with the Association for continuing his
services after completion his studies for a minimum period of 3
years and if he fails to so serve the Association after
completing study leave he shall forthwith repay all the pay and
allowances paid to him by the Association during study leave.
10.2 An employee shall be entitled for study leave after completing
a minimum of five years’ continuous service with the
Association and not earlier.
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10.3 During the period of the study leave, a member shall be
entitled to draw 1/3rd of the pay and allowances dawn by him
at the time of proceeding on such leave.
11. Special Leave (Full pay unless specified)
I. (a) Hospitalisation or disability or injury caused in or in
consequence of, the due performance of his official duties or
in consequence of this official position and certified by an
authorised Medical Practitioner to be directly due to the
performance of the particular duty.
(b) Such leave shall be for maximum 24 months.
(c) It may be combined with any other leave except CL
thereafter, provided the total period of leave does not exceed
28 months.
(d) It will not be counted as break in service.
(e) The leave salary for the first period of 120 days will be full
pay and thereafter for the remaining period it will be half pay.
II. Participating in :
Sports event of State or Inter State level and National level
training/coaching camps, Mountaineering/trekking approved
by Indian Mountaineering foundation or Youth Hostels Assn.
of India. 30 days maximum in a calendar year.
III. Blood donation to recognised Blood Banks or to patient
needing blood on working day.
IV. It is agreed and understood that the benefits and rights
available to the employed committee members of the Union as
provided under the M.R.T.U. & PULP Act, 1971 shall be
followed.
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Annexure “C”
OVERTIME
Overtime wages shall be paid as follows :
a) For the employee working in Sasmira:
For the period over and above 48 hours a week, overtime
wages shall be paid at the rate of one-and-a-half time of the
normal rate of wages.
b) The present practice of calculation of working hours during
any week and grant of overtime wages shall continue as it is.
c) Employees will be entitled for overtime wages at the discretion
of the Association, only if they work extra hours at the Head
Quarters of the Association or at the place of their permanent
posting. No overtime wages will be applicable while on official
tour.
The following cadres of employees shall not be eligible for overtime
wages:
I. Lecturers
II. Asstt. Lecturers
III. The employees belonging to Head of the Department
and other Managerial categories.
Compensatory Off (C.O.)
1. Compensatory Offs shall be credited for minimum one hour
and in multiples of ½ hour thereafter of extra duty hours on
working day/weekly off/holidays etc. except for the following
staff.
I. Lecturers
II. Asstt. Lecturers
III. The employees belonging to Head of the Depart ment
and other Managerial categories
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2. The categories mentioned above, compensatory off shall be
credited only if more than 3 extra hours is put on duty on any
one working day/weekly off/paid holidays etc.
3. The employees should avail of the CO’s within 3 months from
the date of earning such CO’s.
4. CO’s can avail for minimum of 4 hours within multiple thereof.
Whenever the total hours available or not in such multiple, the
employee can avail CO of such hours over and above highest
multiple of 4 hours.
5. CO’s can be combine either with Casual Leave or with PL but
not with both, or the same period of availing of CO’s.
6. Employee will be entitled to avail of Compensatory Off, at the
discretion of the Association, only if they work extra hours at
the Head Quarters of the Association or their place of
permanent posting. No Compensatory Off will be applicable
while on official tour.
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Annexure “D”
LEAVE TRAVEL ALLOWANCE (SASMIRA LTA RULES 2011)
1. All the employees, who have completed 2 years of continuous
service on the date of the leave to be taken, are eligible for
L.T.A.
2. Such employee shall be paid LTA at the rate of one month’s
Basic Pay and the payment shall be made prior to proceeding
on such leave or after resumption from leave as per the choice
of the concerned employee.
3. The member shall avail of minimum 5 days of any leave other
than Sick Leave, pre-sanctioned.
4. LTA shall be admissible in a block of 2 financial years (April-
March).
5. The date of commencement of leave is considered for
admissibility in the particular block of 2 years.
6. The basic pay will be that of the month in which he proceeds
on such leave.