MEMORENDUM OF AGREEMENT BETWEEN HABIBULLLAH COAL MINING COMPANY AND HABIBULLAH COAL MINING COMPANY WORKERS UNION - 2009

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Form – “W” (Rule No. 69)

DATED: 25TH NOVEMBER, 2009

NAME OF PARTIES

1. M/S HABIBULLLAH COAL MINING COMPANY, LAKHRA.

Head Office: 113-D, unit # 2, Auto Bhan Road, Latifabad, Hyderabad.

Phone # 022-3810949

2. HABIBULLAH COAL MINING COMPANY WORKERS UNION.

Head Office: 24, Circular Building, Risala Road, Hyderabad.

Phone # 022-2785595, Fax # 022-2784935

REPRESENTING EMPLOYER

1. Mr. Hameedullah Khan Paracha - M.D. Habibullah Coal Mining Company Khanote.

REPRESENTATIVE OF EMPLOYEES

1. Mr. Qamoos Gull Khattak - General Secretary of Union.

SHORT RECITALS OF THE CASE

WHEREAS, The Habibullah Coal Mining Company Worker’s Union is the collective barging agent of the Employees/Workmen of M/S Habibullah Coal Mining Company Lakhra Distt. Jamshoro and the said C.B.A. Union gave the a charter of demands dated 08 August 2009 to M/S Habibullah Coal Mining Company Lakhra under section 43(1) of the I.R.A. 2008 for direct bilateral negotiations and agreement and copies whereof sent to the concerned authorities including Deputy Director Labour (Conciliation) Hyderabad Region Hyderabad.

AND FURTHER WHEREAS on receipt of the above said notice the management of M/S Habibullah Coal Mining Company Lakhra start the negotiations relating to differences and disputes with C.B.A. Union and the result of the negotiations this agreement is executed between the parties at Hyderabad on 25th November, 2009 is under:-

TERMS & CONDITIONS OF AGREEMENT

Demand No. 1. BONUS FOR FINANCIAL YEAR 2008-2009.

Agreement.

It is agreed between the parties that the Workmen/Employees of the M/S Habibullah Coal Mining Company Lakhra will be paid the aforesaid bonus for the financial year 2008-2009 as under:-

All the monthly-rated and daily rated employees/workmen shall be paid bonus for financial year 2008-2009 equivalent to their sixty (60) day’s salary/wages which quantum of gross salary/wages they were getting as on 30-06-2009.

(a) It is also agreed that the coal cutters shall be paid bonus as per previous system Rs. 12/- per ton.

Demand No. 2. ENHANCEMENT IN WAGES/SALARIES AND OTHER BENEFITS

Agreement.

It is agreed between the parties that the Habibullah Coal Mining Company Lakhra shall increase the rates of wages/salaries of the employees/workmen w.e.f. 1st July 2009 as under:-

(1) That an increase of Rs. 700/- per month will be made in wages/salaries of all monthly and daily rated employees/workmen.

(2) It is agreed that the unskilled worker/employee will be paid wages Rs. 6000/- per month as minimum wages.

(3) It is also that that the minimum wages of clerk will be paid rupees 6500/= and mine sardar will be paid rupees seven thousands per month.

(4) It is agreed that the increase per ton will be made in the rate of Coal Cutters, as per Schedule “A”.

(5) It is agreed between the parties that the Jorisars commission, Material Allowance and Amani allowance shall be increase as per schedule “B”.

(6) It is further agreed that the Coal Cutter will be paid summer allowances for seam no 1 rupees 15 seam no 2 rupees 20 seam no 3 rupees 25 from 1st April to 31st August every year. And jorsar also will be paid Rs 10 for the above said period

(7) Special Summer Allowance for small seam i.e. three feet or less than three feet.

i. It is agreed that, any Jori produce 400 four hundred to 450 four hundred fifty tons coal in a month shall be paid EXTRA Summer allowance at the rate of 25/- per ton w.e.f. 1st April to 31st August every year.

ii. It is agreed that, any Jori produce 451 four hundred fifty to 500 Five hundred tons coal in a month shall be paid EXTRA Summer allowance at the rate of 35/- per ton for the above said period.

iii. It is further also agreed that, any Jori produce 501/- Five Hundred One tons and above coal in a month shall be paid EXTRA Summer allowance at the rte of 45/- per ton and Jorisar will be paid Rs. 10/- per ton for the above said period.

Demand No. 3. That the Chapper Katai/Roof Cutting rate has been as under:-

Agreement.

(a) The rate of Chapper Katai/Roof Cutting of up to one feet thickness will be Rs. 80/- per running feet.

(b) The rate of Chappar Katai/roof Cutting up to two feet thickness will be Rs. 120/- per running feet.

(c) The rate of Chapper Katai/roof Cutting up to three feet thickness will be Rs. 150/- per running feet.

Demand No. 4.

It is agreed between the parties that the Katcha Khudai work/Footana rate will be paid as under:-

Agreement.

a. The rate Katcha Khudai work/Footana of mines deep will be increase from Rs. 900/- per running ft. (Size 5x6x7)

b. The rate of Katcha Khudai work/Footana of wall 8x8 increase from Rs. 950/- running ft. to Rs. 1100/- per running ft.

c. The rate of mines deep GALA will be paid at the Rs. 15,000/- per gala of mines.

d. The commission of Jorisars in Katcha Khudai works will be paid Rs. 60/- per running ft and haulage driver guni bags and other material will be responsibility of the company.

e. The Jorisars will be paid Rs. 50/- per door in Katcha Khudai deep work.

f. Extraction rate and kharaba form mines will be paid Rs. 250/- per ton.

g. Hauledge Driver Fotana will be paid Rs. 6000/- per month.

h. It is also agreed between the parties, that in case of water & stones coming in way of katcha Khudai of well and deep or check and Chunae. The rate fixed in sub clause (1) and (2) of clause 4 shall automatically stand double. It is also agreed that company shall provide compressor for cutting of stones and Generator for water extraction from mines.

Demand No. 5. Stopping Rates

Agreement.

(a) FIRE STOPPING

(1) Stopping rates height up to six feet Rs. 1200/- per stopping.

(2) Stopping rates height above six feet up to eight feet is Rs. 1500/- per stopping.

(3) Stooping rates height above eight feet up to ten feet Rs. 2500/-

(b) WITHOUT FIRE STOPPING

(1) Stopping height up to three feet Rs. 600/- per stopping.

(2) Stopping height above three feet up to eight feet Rs. 900/- per stopping.

(3) Stopping height above six feet up to eight feet Rs. 1200/- per stopping.

(4) Stopping height above six feet up to ten feet Rs. 2000/- per stopping.

Demand No.6. WAGES RATES OF THE COAL CUTTERS.

Agreement.

It is settled that the Rs. 200/- per day in total will be the rate for Gazetted Holiday and Holiday and Gratuity for Coal Cutters.

Demand No. 7. RESIDENTIAL FACILITIES.

Agreement.

1. It is agreed between the parties that management shall provide to each and every workmen/employee free residential facilities with Bath-Rooms, Kitchens etc. and further that the repairs, white-wash of the residential premises/quarters of the workers shall be under taken by the management each year, at its own cost in consultation with the CBA Union.

2. It is also agreed that management of Habibullah Coal Mining Company Lakhra already approached the Sindh Worker welfare Board for allotment of One Hundred (100) constructed houses at Habibullah Coal Mining Company Lakhra Lakhra Coal Field for workers/employees. The down payment and monthly installment will be paid by Management of the Company on behalf of allotee worker/employees.

3. It is further agreed that the Management will provide one hundred fans for the houses of workers at Lakhra Coal Field through C.B.A. union.

Demand No.8. DISTRIBUTING FREE SWEING MACHINES/FANS

Agreement.

It is agreed that the M/S Habibullah Coal Mining Company Lakhra shall distribute Two hundred sewing machines free of cost through C.B.A. union.

Demand No. 9. MEDICAL FACILITIES

Agreement.

(a) Rs. 5/- per ton already paid by the company on production of coal every month to Medical Treatment Committee, for expenses salary of Staff & Doctors, Medicines and all requirement for treatment of workers at mines site hospital.

(b) In case the treatment of effected workers/employees is not possible at the arrangement of mines site under sub clause (a), those workers/employee shall be send to those Hospitals which is agreed by the union on the company expenses.

(c) In case of accident the management of M/S Habibullah Coal Mining Company Lakhra shall be liable and responsible for every kind of treatment and medical facilities at the levels to staff effected workers/employees at the company expenses including hospitalization food, medicines and all kind of requirement.

Demand No. 10. PROVINDING TELEVISION SETS

Agreement. It is agreed that the management of M/S Habibullah Coal Mining Company Lakhra will distribute thirty (30) TV sets with betteries free of cost to the workers through C.B.A. Union.

Demand No. 11. INCREASE IN SPORTS FUND

Agreement.

It is agreed that Annual sports fund will be paid to the C.B.A Union of Rs. 80,000/- (Eighty Thousand Only)

Demand No.12. PROVIDING FACILITIES FOR C.B.A. UNION OFFICE

Agreement.

It is agreed that M/S Habibullah Coal Mining Company Lakhra will provide Rs. 100,000/- (One hundred thousand Only), for the purchase of office equipment’s for C.B.A. Union office at Hyderabad.

Demand No. 13. PROVIDING NEW MINES TO JORISARS

Agreement.

It is agreed between the parties that Jorisars whose working in the company will be provided new mines with the commendation of C.B.A. Union.

Demand No. 14. INCREASE IN GRATUITY

Agreement.

It is agreed that M/S Habibullah Coal Mining Company Lakhra shall pay gratuity to all monthly salary and daily wages paid workers according the provision of West Pakistan Industrial & Commercial Employment standing order ordinance 1968. It is further agreed between the parties that the above said gratuity shall be paid 60 days per annum to those employees whose services are more than 03 years.

Demand No. 15. SENDING WORKMEN ON HAJJ

Agreement.

It is agreed that M/S Habibullah Coal Mining Company Lakhra will send Two (2) workmen/employees every year to Hajj by Air through C.B.A. Union on company expenses as under:-

(1) One person will be selected from Coal cutters not less than 3 months.

(2) One person will be selected from employees working in Head Office and mines site and Jorisars/Commissions.

Demand No. 16. FAIR PRICE SHOP AT MINES SITE

Agreement.

It is agreed that M/S Habibullah Coal Mining Company Lakhra will provide a facility of Fair price shop for workers/employers no loss no profit basis providing them maximum commodities of consumer goods, with the time to time concern of C.B.A. Union.

Demand No. 17. PROVIDING MEAT ON EID-UL-AZHA OCCASION

Agreement.

It is agreed that M/S Habibullah Coal Mining Company Lakhra will provide meat on the occasion of Eid-ul-Azha as per recommendation of C.B.A. union.

Demand No.18. WORKMEN COMPENSATIONN & GROUP INSURANCE

Agreement.

It is agreed between the parties that all workers/employees shall be paid death and disability compensation and group insurance amount as under:-

(a) Death compensation and disability compensation according amendment workmen compensation Act 1923, Rs. 200.000/- (Rupees Two Hundred Thousand Only)

(b) It is also agreed that in case of death and disability in case of mining accident EXTRA amount of Rs. 30,000/- (Rupees Thirty Thousand Only) will be paid according previous Agreements/Settlements and also Rs. 2000/- (Two Thousand Only) per month shall be paid to legal heir’s of the expired worker from the date of accident up to five (5) years.

(c) It is also agreed that the amount of group insurance will be paid with EXTRA amount Rs. 210,000/- (Rupees Two Hundred & Ten Thousand Only) in total.

(d) It is also agreed that the expenses of death bodies will be paid Rs. 50,000/- (Rupees Fifty Thousand Only) for those who died during the case of employment of this company.

(e) It is also agreed that workers/employees who are disable during the employment will be paid disability allowance Rs. 3000/- per month for lifetime.

Demand No. 19. SPECIAL ALLOWANCE FOR MINE SARDARS.

Agreement.

It is also agreed between the parties that special allowance to Mine Sardars will be paid under previous Agreement/ Settlement.

Demand No.20. PROVIDING AMBULANCE SERVICE TO WORKERS

Agreement.

It is also agreed between the parties that, Management shall provide an ambulance for the workers and the same shall in no case be used by the management except by the workers/employees for medical treatment etc.

Demand No. 21. VENTILATION OF MINES

Agreement.

It is also agreed between the parties that in order to improve working conditions in mines and to arrange proper ventilation for fresh air, Fans will be installed in all mines of company.

Demand No. 22. IMPROVING WORKING CONDITIONS IN SMALL SEAM MINES.

Agreement.

It is agreed between the parties that, management of the company will be bound to provide facilities to improve the working condition in the mines, as under:.

i. Each mine will have two shafts with haulates, installed.

ii. Rail line will be provided in main centers.

iii. Fans will be provided to improved ventilation.

Demand No.23. WELFARE FUND

Agreement.

It is agreed between the parties that welfare fund will paid to the CBA Union as per clause 23 of agreement dated 10-12-2008 on total production every month.

Demand No. 24. Nali & Bend Katae Rate

Agreement.

It is agreed between the parties that Nali and Bend katai rate are fixed Rs. 55 per ft.

Demand No. 25. Eid-ul-Fitar Package

It is agreed between the parties that all employees/workers including contact employees Jorisars, Munshi and Cook will be pay Rs. 1500/- (One Thousand Five Hundred Only) whose work minimum 15 days in the month of Ramzan for cloth and shoes.

Demand No. 26. Ramzan Package

Agreement.

It is agreed between the parties that the Company will provide ice and Rooh Afza for all employees/ workers for aftari time.

Demand No. 27. GUARANTEES OF SUBSISTENCE OF PREVIOUS AGREEMENTS AND SETTLEMENTS TO REMAIN INFORCE.

Agreement.

It is agreed that M/S Habibulllah Coal Mining Company Lakhra will continue allowing/granting all rights, facilities and privileges which various earlier settlement, agreements and the law provided and concerned upon them and they shall not in any way be detailed or varies on amended diminished or changed to their determent and prejudice.

That this settlement shall remain in force for a period of one year with effect from 1st day of July 2009 till 30th June 2010.

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SCHEDULE (A)

AGREEMENT DATED November 25th, 2009

PARTIES NAME:-

1. M/S HABIBULLAH - COAL MINING COMPANY LAKHRA KHANOTE.

2. HABIBULLAH - COAL MINING COMPANY WORKERS UNION.

DETAILS OF COAL CUTTERS RATE PER TON WITH INCREMENT FROM 01-07-2007.

1. COAL SEAM 41/2 ft. & ABOVERate…..from 350.00 to 380.00 Per Ton.

2. COAL SEAM LESS THAN 41/2 ft. UPTO 3 ft.Rate…..930.00 to Rs. 410.00 Per Ton.

3. COAL EXTRACTION RATE LESS THAN 3ft.Rate………….Rs. 440.00 Per Ton.

Note. All kind of allowances, Bonus & leave including Friday leave, Medical leave, Annual & Casual leave, Gratuity shall included in the above said Coal Extraction Rate of the Coal Cutters.

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SCHEDULE (B)

AGREEMENT 25th November, 2009

1. M/S HABIBULLAH - COAL MINING COMPANY LAKHRA KHANOTE.

2. HABIBULLAH - COAL MINING COMPANY WORKERS UNION.

SCHEDULE FOR JORISARS COMMISSION, MATERIAL ALLOWANCE & AMANI ALLOWANCE

(1) COAL SEAM 41/2 ft. & ABOVE increase from Rs. 43/- PER TON.

(2) COAL SEAM LESS THAN 41/2 ft. TO 3 ft. increase from Rs. 47/- PER TON.

(3) COAL SEAM LESS THAN 3 ft. increase from Rs. 54/- PER TON.

(B) MATERIAL ALLOWANCE

It is agreed that, Material Allowance shall be paid Rs. 50/- per ton.

(C) AMANI ALLOWANCE

(1) COAL SEAM 41/2 ft. & ABOVE increase from Rs. 40/- to Rs 43/- per ton.

(2) COAL SEAM 41/2 ft. & ABOVE 3 ft. Rs. 45/- to Rs. 48/- per ton.

(3) COAL SEAM 3 feet OR less Than 3 Feet. Amani worker appointed and paid by the company

REPRESENTATION EMPLOYERREPRESENTATIVE OF EMPLOYEES

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Memorandum of Agreement between Habibulllah Coal Mining Company and Habibullah Coal Mining Company Workers Union - 2009

Start date: → 2009-07-01
End date: → 2010-06-30
Ratified by: → Other
Ratified on: → 2009-11-25
Name industry: → Extraction, mining, quarrying
Name industry: → Mining of hard coal
Public/private sector: → In the private sector
Concluded by:
Name company: →  Habibullah Coal Mining Company
Names trade unions: →  Habibulllah Coal Mining Company Workers Union

WAGES

Wages determined by means of pay scales: → No
Adjustment for rising costs of living: → 

Wage increase

Wage increase: → PKR 700.0
Wage increase starts: → 2009-07

Once only extra payment

Once only extra payment due to company performance: → Yes

Meal vouchers

Meal allowances provided: → No
Free legal assistance: → No
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