MEMORANDUM OF AGREEMENT BETWEEN MUHAMMAD JAMIL AND CO. (PVT.) LTD AND MUHAMMAD JAMIL & COMPANY WORKERS UNION LAKHRA - 2012

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Dated: 27th January, 2012

Form – “W” (Rule No. 69)

NAME OF PARTIES

1. M/S MUHAMMAD JAMIL AND Co. (Pvt.) Ltd.

Raising Contractor L.C.D.C LAKHRA

Head Office 86-B, Unit # 4, Latifabad, Hyderabad. Phone # 022-381379. Fax # 3860664

2. Muhammad Jamil & Company Raising Contractor L.C.D.C Workers Union Lakhra.

Head Office: 24, Circular Building, Risala Road, Hyderabad. Phone # 022-2785595, Fax # 022-2784935

REPRESENTING EMPLOYER

1. Mr. Hamza Jamil - Chairman of Company

REPRESENTING OF EMPLOYEES

1. Haji Dost Muhammad - President of Union

2. Mr. Qamoos Gul Khattak - General Secretary of Union

SHORT RECITAL OF THE CASE

WHEREAS, The Muhammad Jamil and Co (Pvt.) Ltd. Raising Contractor L.C.D.C Workers Union Lakhra is the Collective Bargaining Agent of the Employees/Workmen of M/s Muhammad Jamil and Co Raising Contractor L.C.D.C Khanote Distt: Jamshoro and the said C.B.A Union gave the charter of demands dated 06th January, 2012. To the M/S Muhammad Jamil & Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra under section 43(1) of the I.R.A 2010 for direct bilateral negotiations and agreement and copies sent to concerned authorities including deputy director Labour (Conciliation) Hyderabad region Hyderabad.

AND FURTHER WHEREAS on receipt of the said notice management of M/s Muhammad Jamil & Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra started the negotiations relating to differences and disputes with C.B.A union and the result of the negotiations this is executed between the parties at Hyderabad on 27th January, 2012 as under:

TERMS AND CONDITIONS OF AGREEMENT

Demand No. 1: BONUS FOR FINANCIAL YEARS 2009-2010 AND 2010-2011

Agreement

It is agreed between the parties that the Workmen/Employees of the M/S Muhammad Jamil and Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra will be paid the aforesaid bonus for the financial years 2009-2010 and 2010-2011 as under:-

All the monthly and daily rated employees/workmen shall be paid bonus for the above financial years equivalent to their sixty (60) days salary/wages which quantum of gross salary/wages they were getting as on 31st December, 2011. It is also agreed that the coal cutters shall be paid bonus on production 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 M/S Muhammad Jamil and Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra shall increase enhance the rates of wages/salary etc. of the employees/workman coal cutters and Jorhisars w.e.f. 1st January, 2012 as under:

1. That an increase of Rs. 1500/- per month will be made in wages/salaries of all monthly and daily rated employees/workmen and Mines Sardar Rs. 2000/- per month.

2. The increase/enhancement was agreed under agreements/settlements between the M/S Muhammad Jamil and Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra Union including under this agreement shall be part of basic pay of employment/workman of all categories for all employment benefits.

3. It is further agreed if any employee/workman during the financial year not avail 45 days leave with pay those employees/workman shall be paid encashment amount of leave.

4. It is also agreed that the unskilled worker/employee will be paid wages Rs. 7000/- per month as minimum wages.

5. It is agreed that, the increase will be made in the rate of Coal Cutter, as per schedule “A” enclose herewith.

6. It is agreed between the parties that the Jorisars commission and Material allowance shall be increased and fixed as per schedule “B” enclose herewith.

7. Commission of Labour Jamadar will increase and fixed as per schedule “B” enclose herewith.

8. It is further agreed that the Jorisars will be paid of Rs. 10/- per ton as summer allowance from 1st April to 31st August every year.

9. It is agreed that Coal Cutter will be paid summer allowance in category 1 seam Rs. 15 category 2 Rs. 20 & category 3 Rs. 25 per ton from 1st April to 31st August every year.

10. Special summer allowance for small seam Less Than 3 ½ Feet.

i. It is agreed that, any Jorhi produce Three hundred fifty (350) to four hundred (400) tons coal in month shall be paid to coal cutters EXTRA summer allowance at the rate of 25/- per ton and Rs. 10/- to Jorisar w.e.f. 1st April to 31st August every year.

ii. It is also agreed that, any Jorhi produce (401) four hundred one to (450) four hundred fifty tons coal in month shall be paid to coal cutter EXTRA summer allowance at the rate of 35/- per ton and Rs. 10/- Jorisar for the above said period.

iii. It is further also agreed that, any Jorhi produce (451) four hundred fifty one tons and above coal in a month shall be paid to coal cutters EXTRA summer allowance at the rate of 45/- per ton and Rs. 10/- to Jorisar for the above said period.

Note: The above special summer allowance scheme introduced for more production to make beneficial to workers.

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

Agreement

It is agreed that the rate of Chappar Katai will be increased and fixed as under:

(a) The rate of Chappar Katai/Roof Cutting in Coal seam 5 to 6 feet will be Rs. 70/- per running ft.

(b) The rate of Chappar Katai/Roof Cutting up to one foot thickness will be Rs. 100/- per running ft.

(c) The rate of Chappar Katai/Roof Cutting up to two feet thickness will be Rs. 145/- per running ft.

(d) The rate of Chappar Katai/Roof Cutting up to three feet thickness will be Rs. 210/- per feet (Note Rs. 10/- will be commission of Jorisars in the above said rates)

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

Agreement

(1) The rate Katcha Khudai work/Footana of mines deep will be increased from Rs. 800/- per running ft. to Rs. 1100/- per running ft. (Size 5x6x7)

(2) The rate of Katcha Khudai work/Footana of wall 8x8 increased from Rs. 850/- running ft. to Rs. 1200/- per running ft.

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

(4) The commission of Jorisars in Katcha Khudai works will be paid Rs. 150/- per running ft.

(5) The Jorisars will be paid Rs. 60/- per door in Katcha Khudai deep work.

(6) Extra rate and Kharaba from mines will be paid Rs. 300/- per ton.

(7) Haulage driver footana will be paid Rs. 7000/- per month.

(8) 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 work. 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

It is agreed that the rate of Stopping increase and fixed as under:-

(a) FIRE STOPPING

(1)Stopping rates height up to four feet Rs. 900/- per stopping.

(2) Stopping rates eight above four feet up to six is Rs. 1200/- per stopping.

(3) Stopping rates height above six feet up to eight feet Rs. 1600/-.

(b) WITHOUT FIRE STOPPING

(1) Stopping rates height up to four feet Rs. 700/- per stopping.

(2) Stopping rates height above four feet up to six feet is Rs. 900/- per stopping.

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

Demand No. 6: WAGES RATES OF THE COAL CUTTERS

Agreement

It is agreed that the Rs. 300/- per day will be paid for Gazette Holiday Gratuity and other employment Benefits of 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 undertaken by the management each year, at its own cost in construction with the C.B.A union.

2. It is also agreed that management of M/S Muhammad Jamil and Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra Coal field for allotment of One Hundred house down payment Rs. 500,000/- already been paid to the Sindh Workers Welfare Board and monthly installment shall be paid by the management of the company on behalf of allotee worker/employee to Sindh Worker Welfare Board.

3. It is further agreed that, the management will provide on hundred fans for these houses of workers at Lakhra coal field through C.B.A union.

Demand No. 9: PROVIDING TELEVISION SETS

Agreement

It is agreed that the management of M/S Muhammad Jamil and Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra will provide to distribute forty (40) TV sets with batteries free of cost to the workers through C.B.A union.

Demand No. 10: INCREASE IN SPORTS FUND

Agreement

It is agreed that Annual Sports fund will be paid to the C.B.A union of Rs. 180,000/-for the period of this agreement.

Demand No. 11: MEDICAL FACILITIES

Agreement

(a) It is agreed that Rs. 8/- (Eight) per ton shall be paid by the company on production every month including coal taken from Jorhisars for company stack and paid to him to the medical treatment committee through General Secretary of C.B.A union for the salary of Doctors, Drivers, Sanitary workers payment of Electricity Bill, Ambulance Expenses purchase of Medicines and other all kind requirement of hospital and workers.

(b) In case the treatment of workers/employees is not possible at the arrangement of mines site Hospital under sub clause (a), those workers/employee shall be sent refer by the Doctor to Hyderabad Hospitals for further treatment, and the company expenses.

(c) In case of accident the management of M/S Muhammad Jamil and Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra 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, medicines and all kind of requirement and also will be paid Rs. 300/- per day to under treatment workers for food.

Demand No. 12: PROVIDING NEW MINES TO JORISARS

Agreement

It is agreed between the parties that only those Jorisars whose working in the company shall be provided new mines with the recommendation of C.B.A Union.

Demand No. 13: INCREASE IN GRATUITY

Agreement

It is agreed that M/S Muhammad Jamil and Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra shall pay gratuity to all monthly salary and daily wages paid workers including Jorisar according the provision of West Pakistan Industrial & Commercial Employment standing order Ordinance 1968. It is also agreed that the gratuity shall be paid Sixty (60) days per annum to those employees where service are more than Ten (10) years.

Demand No. 14: SENDING WORKMEN ON HAJJ

Agreement

It is agreed that M/S Muhammad Jamil and Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra will send three (3) workmen/employees every year to Hajj by Air on company expenses.

Demand No. 15: FAIR PRICE SHOP AT MINES SITE

Agreement

It is agreed that M/S Muhammad Jamil and Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra 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.16: PROVIDING MEAT ON EID-UL-AZHA OCCASION

Agreement

It is agreed that M/S Muhammad Jamil and Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra will provide meat on the occasion of Eid-ul-Azha as per recommendation of C.B.A union.

Demand No. 17: 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) It is agreed that in case of disability and death in mining accident shall be paid Rs. 400,000/- (Four Hundred Thousand only) to the legal heir of expired workers/employees including disability and Guzara allowance.

(b) 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) only to the permanent workmen expire during the course of employment.

(c) It is also agreed that the expenses of death bodies will be paid Rs. 60,000/- (Rupees Sixty Thousand only) for those who died during the case of employment of this company to those who belonging with other Provinces.

Demand No. 18: PROVIDING AMBULANCE SERVICE TO WORKERS

Agreement

It is agreed between the parties that, Management of company shall provide two ambulances for the workers and the same shall be not used for any purpose/case of company but only be used for workers medical purpose.

Demand No. 19: VENTILATION OF MINES

Agreement

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

Demand No. 20: IMPROVING WORKING CONDITIONS IN SMALL SEAM LESS THAN 3½ FEET 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. 21: WELFARE FUND

Agreement

It is agreed between the parties that M/S Muhammad Jamil and Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra shall be paid welfare fund at the rate of Rs. 15/- per ton to the C.B.A union on coal production every month this welfare fund shall be paid on dispatch and coal taken from Jorisars for company stock.

Demand No. 22: 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) whose work minimum 15 days in the month of Ramzan for cloth and shoes.

Demand No. 23: RAMZAN PACKAGE

Agreement

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

Demand No. 24: DECLARATION OF THE PERMANENT WORKERS

Agreement

It is agreed between the parties that all those workers/employees whose completed 3 months services up to 31st December, 2011 shall be notified as permanent worker for the all employment benefits.

Demand No. 25: LEAVE ENCASHMENT

Agreement

It is agreed that, if any employee not avail 45 days leave with pay in year those employees shall be paid encashment of 45 days leave according their salary.

Demand No. 26: PROVIDING FACILITIES FOR C.B.A OFFICE

Agreement

It is agreed that Mohammad Jamil and Company will provide facilities to the C.B.A Union office and paid Rs. 100,000/- (One Hundred thousand only) every year for above said purpose to the C.B.A union.

Demand No. 27: RATE OF THE BAND KATAI

Agreement

(a) Rate of the Band Katai up one feet increase from Rs. 25/- to Rs. 50/- per feet.

(b) Rate of the Band Katai up to 1½ ft. increase from Rs. 35/- to Rs. 79/- per feet.

(c) Rate of the Band Katai above 1½ ft. up to 2 ft. increase from Rs. 48/- to Rs. 96/- per feet.

Demand No. 28: OTHER MIXED WORKS RATES

Agreement

It is agreed between the parties that the other mixed item works rates as under:

1. Fan/charkha/tower fixing and bath room water tank construction rates are fixed Rs. 1500/- each.

2. In case of new mine Farash fixing rate Rs. 2000/- per Farsh.

3. In case of Jam fixing in will Fotana rate Rs. 1500/- each.

4. Fire Fitting work in mine underground will be paid Rs. 350/- per day.

5. Rail line fixing and removal rate Rs. 30/- per jorh.

6. Part time Blacksmith for Jori will be paid Rs. 300/- per month.

7. Bercks/Raiti unloading rate Rs. 500/- per Trali.

Demand No. 29: GUARANTEES OF SUBSISTENCE OF PREVIOUS AGREEMENT AND SETTLEMENTS TO REMAIN INFORCE.

Agreement

It is agreed that M/s Muhammad Jamil & Co (Pvt.) Ltd. Raising Contractor L.C.D.C Lakhra will continue allowing/granting all rights, facilities and privileges which various earlier settlements, agreements and the law provided and conferred upon them and they shall not in any way be deleted or varies on amended diminished or changed to their determent and prejudice.

This this settlement shall remain in force for a period of two year w.e.f. 1st day of January, 2012 till 31st December, 2013.

*****

Memorandum of Agreement between Muhammad Jamil and Co. (Pvt.) Ltd and Muhammad Jamil & Company Workers Union Lakhra - 2012

Start date: → 2012-01-01
End date: → 2013-12-31
Ratified by: → Other
Ratified on: → 2012-01-27
Name industry: → Legal and market consultancy, business activities
Name industry: → Business and management consultancy activities
Public/private sector: → In the private sector
Concluded by:
Name company: →  Muhammad Jamil and Co. Ltd.
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
Adjustment for rising costs of living: → 

Wage increase

Wage increase: → PKR 1500.0

Once only extra payment

Once only extra payment: → PKR 1500.0 %
Once only extra payment due to company performance: → No

Extra payment for annual leave

Allowance for seniority

Allowance for seniority after: → 10 years of service

Meal vouchers

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