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 MillsResearch 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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Page 1: MEMORANDUM OF SETTLEMENT - SASMIRA 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

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.