MEMORANDUM OF AGREEMENT BETWEEN KARIM BUKSH COAL MINES KHANOTE AND KARIM BUKSH COAL MINE WORKERS UNION - 2009

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DATED: 22ND OCTOBER, 2009

Form – “W” (Rule No. 69)

NAME OF PARTIES

1. M/S KARIM BUKSH COAL MINES KHANOTE

Head office: 41/501, Near Federal Government Degree College, Cantt: Hyderabad. Phone #. 022-2782335, 022-2784753

2. KARIM BUKSH COAL MINE WORKERS UNION

Head Office: 24, Circular Building, Risala Road, Hyderabad. Phone #. 022-278335, Fax #. 022-2784935

REPRESENTING EMPLOYER

Mr. Karim Buksh Rajar - Managing Director, Karim Buksh Coal Mines

REPRESENTATIVE OF EMPLOYEES

Mr. Qamoos Gull Khattak - General Secretary of Union

SHORT RECITALS OF THE CASE

WHEREAS, The Karim Buksh Coal Mines Worker’s Union is the collective bargaining agent of the Employees/Workmen of M/s Karim Buksh Coal Mines and the said C.B.A Union gave a charter of demands dated 08 August 2009 to the M/s Karim Buksh Coal Mines 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 Karim Buksh Coal Mines 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 22-10-2009.

TERMS & CONDITIONS OF AGREMENT

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

Agreement

It is agreed between the parties that the Workmen/Employees of the M/s Karim Buksh Coal Mines will be paid the aforesaid bonus for the financial year 2008-2009 as under:

It is agreed between the parties that the Karim Buksh Coal Mines Lakhra will paid bonus allowance at the rate of Rs. 12/- per ton every month.

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

Agreement

It is agreed between the parties that the Karim Buksh Coal Mines 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 also agreed that the unskilled worker/employee will be paid wages Rs. 6000/- per month as minimum wages.

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

(4) It is agreed between the parties that the Jamadars commission, Material allowance and Amani allowance shall be increased as per schedule “B”.

It is agreed that Coal Cutters will be paid summer allowance in the Category 1 Seam Rs. 15, Category 2 Rs. 20 & Category 3 Rs. 25 per ton from 1st April to 31st August every, Jamadars and Jorisars will pay summer allowance Rs. 5/- ton both categories.

(5) 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 and Jamadar/Jorisar both will pay Rs. 5/- per ton.

ii. It is agreed that, any Jori produce (451) four hundred fifty one 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 and Jamadar/Jorisar both will pay Rs. 5/- per ton.

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 rate of 45/- per ton and concerned Jamadar will be paid Rs. 5/- and Joridar will also be paid Rs. 5/- per ton as extra summer allowance, under paragraph I to iii sub clause (6) clause 2.

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

Agreement

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

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

(c) The rate of Chappar Katai/Roof Cutting up to three ft. thickness will be Rs. 150/- per running ft.

Demand No. 4: It is agreed between the parties that the Katacha Khudai work/Footana rate will be as under

Agreement

a. The rate Katcha Khudai work/Footana of mines deep will be increased from Rs. 900/- per running ft. to Rs. 1000/- per running ft. (Size 5x6x7) but stone will be paid double rate.

b. The rate of Katcha Khudai work/Footana of wall 8x8 increase from Rs. 950/- running ft. to Rs. 1100/- per running ft. but stone will be paid double rate.

c. The commission of Jamadars is Katcha Khudai works will be paid Rs. 60/- per running ft. and haulage driver gani bags and other material will be responsibility of the company.

d. The Labour Jamadars will be paid Rs. 50/- per door in Katcha Khudai deep work.

e.Extraction rate and khabra from mines will be paid Rs. 250/- per ton.

f. It is also agreed between the parties, that in case of water & stones coming way of Katcha Khudai of well and deep, check and Chunae work. The rate fixed sub clause (a) and (b) 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 rate height up to Six ft. Rs. 1100/- per stopping.

(2) Stopping rate height above Six ft. up to Eight ft. is Rs. 1500/- per stopping.

(b) WITHOUT FIRE STOPPING

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

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

(3) Stopping height above six ft. up to eight ft. Rs. 1300/- 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 Gazette Holiday and Holiday and Gratuity for Coal Cutters.

Demand No. 7: RESIDENTIAL FACILITIES

Agreement

It is agreed between the parties that management shall provide to each and every workmen/employee free residential facilities with Bath-Rooms, Kitchen etc. and further that the repairs, white-wash of the residential premises/quarters of the worker shall be undertaken by the management each year, at its own cost in consultation with the C.B.A union.

Demand No. 8: DISTRIBUTING FREE SEWING MACHINES

Agreement

It is agreed that the M/s Karim Buksh Coal Mines shall distribute twenty five (25) sewing machines free of cost through C.B.A Union.

Demand No. 9: MEDICAL FACILITIES

Agreement

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

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

(c) In case of accident the management of M/s Karim Buksh Coal Mines Lakhra only shall be liable and responsible for every kind of treatment and medical facilities at the all levels to such effected workers/employees at the company expenses including hospitalization, food, medicines and all kind of requirement and Rs. 200/- per day will be paid to the effected workers during the period of treatment.

Demand No. 10: PROVIDING TELEVISION SETS

Agreement

It is agreed that the management of M/s Karim Buksh Coal Mines will distribute Five (5) TV sets with batteries 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. 20,000/- (Twenty thousand only).

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

Agreement

It is agreed that M/s Karim Buksh Coal Mines only swill provide Rs. 20,000/- (Twenty thousand only) for the purchase of office equipment’s for C.B.A Union office at Hyderabad.

Demand No. 13: PROVIDING NEW MINES TO JAMADARS

Agreement

It is agreed between the parties that Jamadars whose working in the company will be provided new mines with the recommendation of C.B.A union.

Demand No. 14: INCREASE IN GRATUITY

Agreement

It is agreed that M/s Karim Buksh Coal Mines shall pay gratuity to the workers/employers 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 10 years.

Demand No. 15: SENDING WORKMEN ON HAJJ

Agreement

It is agreed that M/s Karim Buksh Coal Mines will send one (1) workmen/employee every year to Hajj by Air through C.B.A Union on company expenses as under:

Demand No. 16: FAIR PRICE SHOP AT MINES SITE

Agreement

It is agreed that M/s Karim Buksh Coal Mines will provide a facility of Fair Price Shop for workers/employers at 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: PROVIDE MEAT ON EID-UL-AZHA OCCASION

Agreement

It is agreed that M/s Karim Buksh Coal Mines will provide meat on the occasion of Eid-ul-Azha as per recommendation of C.B.A union.

Demand No. 18: WORKMEN COMPENSATION & 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 dated 06 October, 2001 Rs. 200,000/- (Rupees Two hundred thousand only).

(b) It is also agreed that in case of death and disability in case on mining accident EXTRA amount of Rs. 50,000/- (Rupees Fifty 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 in total Rs. 210,000/- (Rupees Two Hundred & Ten thousand only).

(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: 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. 20: 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. 21: IMPROVING WOKRING 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 haulages, installed.

ii. Rail line will be provided in main centers.

iii. Fans will be provided to improve ventilation.

Demand No. 22: WELFARE FUND

Agreement

It is agreed between the parties that welfare fund will be paid at the rate of Rs. 5/- per ton.

Demand No. 23: Eid-ul-Fitar Package

Agreement

It is agreed between the parties that all employees/workers including contact employees Jorisars, Munshi and Cook will be paid Rs. 1500/- (one thousand five hundred only) to those workers who work minimum 15 days in the month of Ramzan for cloth and shoes etc.

Demand No. 24: Ramzan Package

Agreement

It is agreed between the parties that the Company will provide ice to the employees/workers for aftari time.

That this settlement shall remain in force for a period of one year w.e.f. 1st day of July, 2009 till 30th June, 2010.

*****

Memorandum of Agreement between Karim Buksh Coal Mines Khanote and Karim Buksh Coal Mine Workers Union - 2009

Start date: → 2009-07-01
End date: → 2010-06-30
Ratified by: → Other
Ratified on: → 2009-10-22
Name industry: → Extraction, mining, quarrying
Name industry: → Mining of hard coal
Public/private sector: → In the private sector
Concluded by:
Name company: →  Karim Buksh Coal Mines Khanote
Names trade unions: → 

SICKNESS AND DISABILITY

Provisions regarding return to work after long-term illness, e.g. cancer treatment: → No
Paid menstruation leave: → No
Pay in case of disability due to work accident: → Yes

WAGES

Wages determined by means of pay scales: → No
Provision that minimum wages set by the government have to be respected: → No
Agreed lowest wage per: → Months
Lowest wage: → PKR 6000.0
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: → No

Meal vouchers

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