CANARA BANK EMPLOYEES UNION (Regd.) (Affiliated to All India Bank Employees Association)
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1 CANARA BANK EMPLOYEES UNION (Regd.) (Affiliated to All India Bank Employees Association) A.K. Nayak Bhavan, II Floor 14, Second Line Beach, Chennai Telegrams : OURUNION P.B. No. : 1770 Fax : Website : cbeuco@gmail.com cbeuco@dataone.in Phone : Circular No. : 2/2014 Index : V(ADM)/IRS/CO 24, January, 2014 Dear Comrade, HISTORY REPEATS CBEU CONTINUES ITS HISTORIC TRIUMPH TO BRING IN CHEERS TO DAILY WAGERS WORKING IN PLACE OF PTE VACANCIES MINUTES OF THE JOINT CONFERENCE WITH THE BANK The minutes of the Joint Conference held on with our Bank is furnished hereunder for your information. Yet another historic moment in the onward march of our organization; The New Year blooms with a brighter dawn for our comrades at the lower strata giving them a new lease of life both socially and economically. 421 more Part Time Employee comrades on consolidated/daily wages who are toiling to earn their living have been shown the light. January 24th, 2014, might be just another day in the calendar, but to our Union and to our Part Time Employee comrades on consolidated/daily wages in our Bank it is the day of reckoning and an era of an end to the exploitative service conditions undergone by this segment and their uncertainty in engagement. Today, the union has entered into a settlement with the Bank in the Joint Conference and honoured its commitment by bringing them also in the main stream as permanent employees of the Bank from 28/02/2014 with all the attendant benefits and also to immediately convert them as HKPs from 01/04/2014. This new measure would bring about real change in their life and career. This unique mile stone achievement will definitely bring in cheers not only to these well deserved comrades in their career and economic progression but also to their families who have been all along a part of them in their arduous journey so far. By regularizing these comrades the Union has brought about a situation wherein hence forth there will be no temporary employee in the Bank in the days to come. 1
2 Yet another achievement on the commitment given by the organization to our third batch of PTE comrades to advance their date of conversion as HKPs has been accomplished in this Joint Conference. After mutual discussions it has been decided that the date of conversion of third batch of PTEs pertaining to the settlement dated 28/09/2012 would be advanced from 01/10/2014 to 01/02/2014. This advancement of 8 months would definitely benefit them immediately from the next month. Further improvements such as recruitment of HKPs, entrustment of daftary duties to HKPs, re-designation of graduate HKP etc., have been discussed and arrived at in the settlement. Comrades would appreciate that this settlement has been entered under the relevant provisions of the Industrial Disputes Act, We, a progressive organization always strive for the betterment of service conditions to all levels of our membership. It is our strength and collective wisdom that determines and decides matters in our favour. We congratulate one and all for this hall mark achievement. Our special greetings to our PTE comrades who stood solidly behind and reposed their faith and confidence on the Union despite the motivated provocations and campaigns resorted to by a few elements who always thrive on false prophesy. Apart from the above, another important issue pertaining to our Ex-Servicemen comrades with regard to interpretation of Govt guidelines of giving 2 years service weightage for eligibility for posting as Daftary/Special Assistant or for appearing to promotion test from Sub-staff to Clerical/Clerical to Officer were taken up for discussion. We are confident that this issue too would be positively clinched. We request our Functionaries and Branch Secretaries to keep the concerned PTEs in their respective area/branch informed about the achievement and enroll them as the members of our Organisation on their engagement on the due dates. With greetings, March on to 24th All India Conference 2 (D.D. RUSTAGI) GENERAL SECRETARY ALL INDIA BANK EMPLOYEES ASSOCIATION : ZINDABAD ALL INDIA BANK OFFICERS ASSOCIATION : ZINDABAD CANARA BANK EMPLOYEES UNION : ZINDABAD CANARA BANK OFFICERS UNION : ZINDABAD BANK WORKERS UNITY : ZINDABAD WORKING CLASS UNITY : ZINDABAD
3 MINUTES OF THE JOINT CONFERENCE BETWEEN THE REPRESENTATIVES OF THE MANAGEMENT OF CANARA BANK AND THE REPRESENTATIVES OF THE CANARA BANK EMPLOYEES UNION AT HEAD OFFICE, BANGALORE HELD ON 24th JANUARY, PRESENT: REPRESENTATIVES OF THE MANAGEMENT: 1. SRI K S S KAMATH CHIEF GENERAL MANAGER 2. SRI SHYAMALENDU SAHA GENERAL MANAGER 3. SRI P RANGARAJ GENERAL MANAGER 4. SRI C P GIRI DEPUTY GENERAL MANAGER 5. SRI D R DESHPANDE ASSISTANT GENERAL MANAGER 6. SRI NAIR AJIT KRISHNAN ASSISTANT GENERAL MANAGER REPRESENTATIVES OF THE UNION : 1. SRI G V SAMBASIVA RAO PRESIDENT 2. SRI D D RUSTAGI GENERAL SECRETARY 3. SRI AJAY MANJREKAR DY. GEN. SECRETARY 4. DR. V K SINGH DY. GEN. SECRETARY 5. SRI C S VENUGOPAL DY. GEN. SECRETARY Sri C P Giri, Deputy General Manager welcomed the Representatives of the Central Negotiating Team of the Canara Bank Employees Union and the Representatives of the Management to the Joint Conference. He thanked the Representatives of Canara Bank Employees Union for the support extended by the Union and called for their continued support in the coming years also. Sri Shyamalendu Saha, General Manager addressed the Conference and expressed happiness about the historic Settlement arrived at, addressing the issues of persons engaged in permanent vacancies of Part-time Employees and issues relating to House Keeper-cum-Peons. He recalled the support extended by Chairman & Managing Director, Executive Directors in the matter. Sri D D Rustagi, General Secretary, Canara Bank Employees Union, who participated in the discussion through video conference from Circle Office Delhi, thanked the Management for its cooperation and assured solidarity and cooperation towards the growth of the Bank. Both, Sri D D Rustagi, General Secretary and Sri G V Sambasiva Rao thanked Chairman & Managing Director and Executive Directors for their humanitarian approach in the matter. 3
4 With this, the following agenda item was taken up for discussion: ADVANCEMENT OF DATE OF CONVERSION OF PEANENT PART TIME EMPLOYEES [PTEs] AS HOUSE KEEPER-CUM-PEONS [HKPs] SLATED FOR CONVERSION ON 01/10/2014 AS PER SETTLEMENT DATED , REGULARISATION OF PERSONS ENGAGED IN PEANENT VACANCIES OF PART TIME EMPLOYEES [PTEs] AND CONVERSION OF SUCH PERSONS TO HOUSE KEEPER-CUM-PEONS [HKPs] UPON REGULARISATION, AND OTHER ALLIED ISSUES: The Representatives of the Union sought for advancement of date of conversion of permanent Part Time Employees [PTEs] as House Keeper-cum-Peons [HKPs] slated for conversion on 01/10/2014 as per Settlement dated , regularisation of persons engaged in permanent vacancies of Part Time Employees, and other allied issues. After mutual discussion a Memorandum of Settlement dated under Sec.2 [p] of Industrial Disputes Act, 1947 is entered into separately. NEXT JOINT CONFERENCE: The date for the next Joint Conference will be finalised after mutual consultation. DATED AT BANGALORE THIS THE TWENTY FOURTH DAY OF JANUARY, TWO THOUSAND FOURTEEN. SHRI D D RUSTAGI, GENERAL SECRETARY, CANARA BANK EMPLOYEES UNION, ATTENDED THE MEETING THROUGH VIDEO CONFERENCE AND SIGNED THIS MINUTE AT DELHI. For CANARA BANK For CANARA BANK EMPLOYEES UNION G V SAMBASIVA RAO D D RUSTAGI AJAY MANJREKAR DR. V K SINGH C S VENUGOPAL K S S KAMATH SHYAMALENDU SAHA P RANGARAJ C P GIRI D R DESHPANDE NAIR AJIT KRISHNAN 4
5 MEMORANDUM OF SETTLEMENT DATED UNDER SECTION 2(P) READ WITH SECTION 18 (1) OF INDUSTRIAL DISPUTES ACT, 1947 AND RULE 58 OF INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957 ARRIVED AT BY AND BETWEEN THE MANAGEMENT OF CANARA BANK AND THE CANARA BANK EMPLOYEES UNION IN THE MATTER OF REGULARIZATION OF PERSONS ENGAGED IN THE PEANENT VACANCIES OF PART TIME EMPLOYEES (PTEs) AND CONVERSION OF PEANENT PART TIME EMPLOYEES (PTEs) AS FULL TIME HOUSE KEEPER-CUM PEON (HKP) AND OTHER ALLIED ISSUES: PARTIES : 1. CANARA BANK, HEREIN AFTER CALLED AS BANK. 2. CANARA BANK EMPLOYEES UNION, HEREIN AFTER CALLED AS CBEU. Collectively herein after called as parties. REPRESENTATIVES OF THE MANAGEMENT OF CANARA BANK: 1. SRI K S S KAMATH CHIEF GENERAL MANAGER 2. SRI SHYAMALENDU SAHA GENERAL MANAGER 3. SRI P RANGARAJ GENERAL MANAGER 4. SRI C P GIRI DEPUTY GENERAL MANAGER 5. SRI D R DESHPANDE ASSISTANT GENERAL MANAGER 6. SRI NAIR AJIT KRISHNAN ASSISTANT GENERAL MANAGER REPRESENTATIVES OF CANARA BANK EMPLOYEES UNION : 1. SRI G V SAMBASIVA RAO PRESIDENT 2. SRI D D RUSTAGI GENERAL SECRETARY 3. SRI AJAY MANJREKAR DY. GEN. SECRETARY 4. DR. V K SINGH DY. GEN. SECRETARY 5. SRI C S VENUGOPAL DY. GEN. SECRETARY SHORT RECITAL OF THE MATTER: WHEREAS the Bank and CBEU had entered into a Memorandum of Settlement dated under Section 2(p) read with Section 18 (1) of Industrial Disputes Act, 1947 and Rule 58 of Industrial Disputes (Central) Rules 1957 in the matter of regularization of persons engaged as PTEs, herein after called as Memorandum of Settlement dated
6 WHEREAS the Bank and CBEU had further entered into a Memorandum of Settlement dated under Section 2(p) read with Section 18 (1) of Industrial Disputes Act, 1947 and Rule 58 of Industrial Disputes (Central) Rules 1957 in the matter of conversion of Part Time Employees (PTEs) to House Keeper- cum- Peon (HKPs) on full scale wages, herein after called as Memorandum of Settlement dated WHEREAS, to maintain the seniority of PTEs scheduled for conversion as HKPs on in case the fresh recruitment of HKPs takes place, the parties deliberated on the issue of advancing the date of conversion of HKPs slated for conversion on before fresh recruitment of HKPs. WHEREAS the matter of certain cases of persons engaged in the permanent vacancies on or before and continued to be engaged as on date and who were not included in the list while entering into the Memorandum of Settlement dated due to certain anomalies was examined and discussed by the parties. The parties also discussed the matter of converting such persons as HKPs after their regularization as PTEs. WHEREAS the parties also discussed the guidelines to be formulated with respect to eligibility/ vacancy/ recruitment of HKPs in future. AND WHEREAS, the parties herein have deliberated on the said issues and have arrived at consensus / settlement on the following terms and conditions: TES OF SETTLEMENT: A. ADVANCEMENT OF THE DATE OF CONVERSION OF PTEs AS HKPs SLATED FOR AS PER SETTLEMENT DATED , To It is mutually agreed that the date of conversion of PTEs as HKPs on as agreed under the Memorandum of Settlement dated shall be advanced to It is also agreed that save as provided above, the Settlement dated shall remain unchanged. B. REGULARIZATION OF PERSONS ENGAGED IN THE PEANENT VACANCIES OF PTEs & CONVERSION OF SUCH PTEs AS HKPs UPON THEIR REGULARIZATION: The parties have examined the issue of anomalies in the left over cases in detail. After examination and scrutiny, names of 421 persons who were engaged in permanent vacancies on or before and continued to be engaged as on date and who were not included in the list while entering into the Memorandum of 6
7 Settlement dated has been finalized and confirmed as correct and final by both the parties. The list of names as mentioned above is duly verified and signed by both the parties and is exchanged between the parties and same shall be read as part and parcel of this settlement. It is mutually agreed that the above 421 persons engaged in permanent vacancies of PTEs as on and continued to be engaged as on date, shall be regularized as Permanent PTEs as a one time measure, in the respective scales where they are presently engaged or at minimum 1/3rd scale as per Bipartite Settlement whichever is higher, with effect from subject to their complying the requirements as laid down in the following terms and conditions: 1. Eligibility/ Other Conditions/ Procedure: a. Eligibility:- i. Such person should have been registered with Employment Exchange; and ii. Such person should not be aged more than 45 years as on the date of first engagement; and iii. Such person should have been actually engaged on or before and continued to be engaged as on ; b. Other Conditions:- i. The person who complies with the eligibility as stipulated in (a) above, shall submit an application in the prescribed format for considering his/ her candidature for permanent employment and undertaking letter that, if any, Claim/ Complaint relating to the subject matter pending before any Court/ Authority/ Tribunal / Forum etc., shall be withdrawn; and ii. All other terms of settlement dated shall also apply. c. Procedure:- 1. The suitability of the above persons satisfying the eligibility norms and other conditions as above shall be examined by a committee at respective Circle Offices consisting of Assistant General Manager overseeing H Section of the Circle, H Section in charge and an official recruited under reserved category. 2. The above process/ procedure shall be completed by all Circles and the list shall be finalized. The list so finalized shall be forwarded to obtain approval from PM Section, HR Wing, Bangalore, before regularization. 7
8 3. The regularization of the above said persons who comply with the above norms and if found suitable and approved by PM Section, HR Wing, shall be effective from in the respective scales where they are presently engaged or as per Bipartite Settlement i.e. at minimum 1/3rd scale whichever is higher. 4. The service/ benefit of the regularization shall accrue only from i.e. the date of regularization for all purposes. 5. The persons so regularized as above shall be governed by the Defined Contributory Retirement Benefit Scheme as per norms and no separate Contributory Provident Fund or Pensionary benefit shall be available to them. 6. The persons so regularized shall be governed by the applicable Service Conditions, Settlements, Rules and regulations. 7. After regularization based on the administrative exigencies, if required, they may be redeployed as per the existing norms. 8. Further it is also mutually agreed that the persons so regularized as PTEs with effect from shall be converted as House Keeper-cum-Peon (HKPs) w.e.f The terms of Settlement dated shall mutatis mutandis applicable to these persons converted as HKPs as per this settlement also. 9. On such conversion to HKPs, if the HKPs are surplus in a particular center, the Circle shall redeploy the excess HKPs to the deficit branches as per the settlement dated C. ELIGIBILITY/ VACANCY/ RECRUITMENT OF HKPs:- It is mutually agreed that the norms for the eligibility, identification of vacancy, recruitment of HKPs shall be as under:- 1. It is agreed that each Branch shall be posted with minimum one HKP. For rural and small branches no separate Substaff will be provided. The vacancies of HKPs identified as on and thereafter to be filled up on the above basis and shall be determined by the respective Circles after duly getting approval from PM Section, HR Wing, Head Office. 2. The direct recruitment of HKPs shall be made by calling the names from respective Employment Exchange/ extant norms. While making the direct recruitment of HKPs the following eligibility norms/ procedure shall be followed:- 8
9 a. Education Qualification As on the prescribed date such candidate shall be minimum 8th Standard pass but should not have passed 10th Standard. b. Age As on the prescribed date such candidate shall be of minimum 18 years of age and should not have crossed 26 years. Other Government guidelines, including age relaxation in case of reserved category candidates as per reservation policy shall apply. 3. Before finalizing the vacancies of HKPs for direct recruitment prior permission of P M Section, Human Resources Wing, Head Office, shall be obtained. 4. It is agreed that the government guidelines if any received from time to time in this regard shall be implemented after mutual discussion. D. PROMOTION OF HKPs ACQUIRING GRADUATION TO CLERICAL CADRE, ENTRUSTMENT OF DAFTARY DUTIES TO HKPs & OTHER RESIDUARY ISSUES:- 1. It is mutually agreed that, a HKP who acquires/ed graduation shall be eligible for re-designation as Substaff, prospectively from the date of this settlement, subject to the following:- a. He should have worked as HKP for a minimum period of one year. b. He shall give his willingness as per the prescribed format. c. His re-designation shall be effective from the date his joining the place of posting. Thereafter, after working for two years as Substaff he will be eligible to apply for promotion to Clerical cadre as a graduate Substaff in terms of the provisions of policy of the Bank issued from time to time in the matter of Promotion of Subordinate Staff to the Clerical Cadre. 2. The parties have agreed that in case the branch is having only one HKP the duties of Daftary shall be entrusted to the available HKP on functional basis. If the branch is having more than one HKP the Senior most HKP shall be entrusted with the duties of Daftary on functional basis. E. The parties understand that by regularization of all the PTEs and upon their conversion to HKPs, there shall not be any post of PTE and henceforth the recruitment shall be only to the post of HKPs. Consequently, all the guidelines / norms applicable to PTEs shall become redundant. 9
10 F. That if any doubt, difficulty or dispute arises regarding the interpretation of any of the provisions of this Settlement or any other matter arising out of it or in connection therewith, it shall be taken up only at Head Office level and resolved after mutual discussion with Canara Bank Employees Union. AS PER THE ABOVE TES THE PARTIES HAVE AGREED AND SET THEIR HANDS AT BANGALORE ON THIS 24TH DAY OF JANUARY SHRI D D RUSTAGI, GENERAL SECRETARY, CANARA BANK EMPLOYEES UNION, ATTENDED THE MEETING THROUGH VIDEO CONFERENCE AND SIGNED THIS SETTLEMENT AT DELHI. For CANARA BANK EMPLOYEES UNION G V SAMBASIVA RAO D D RUSTAGI AJAY MANJREKAR V K SINGH C S VENUGOPAL For CANARA BANK K S S KAMATH SHYAMALENDU SAHA P RANGARAJ C P GIRI D R DESHPANDE NAIR AJIT KRISHNAN WITNESSES : SUDARSHAN JOSHI Manager, IR Section VINOD METRI COPY COMMUNICATED TO : 1. The Secretary, Government of India, Ministry of Labour Employment and Rehabilitation, New Delhi 2. The Chief Labour Commissioner (Central), New Delhi 3. The Regional Labour Commissioners (Central), Bangalore 10
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