MEMORANDUM OF SETTLEMENT BETWEEN MOHAMMAD IRFAN COAL MINES LAKHRA AND MOHAMMAD IRFAN COAL MINES WORKER’S UNION LAKHRA - 2011

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Form – “W” (Rule No. 69)

NAME OF PARTIES

1. M/S MOHAMMAD IRFAN COAL MINES LAKHRA.

Head office: Flat No. B-I, Fine Heights, Near Gaim Khana,

Cantt: Hyderabad.

Phone No. 022-2728630

2. MOHAMMAD IRFAN COAL MINES WORKER’S UNION LAKHRA

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

Phone #. 022-2785595, Fax #. 022-2784935

REPRESENTING EMPLOYER

Mr. Mushtaque Ali - Mining Engineer, Mohammad Irfan Coal Mines

REPRESENTING OF EMPLOYEES

1. Syed Altaf Shah - President of Union

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

SHORT RECITAL OF THE CASE

WHEREAS, The Mohammad Irfan Coal Mines Worker’s Union is the collective bargaining agent of the Employees/Workmen of M/S Mohammad Irfan Coal Mines and the said C.B.A Union gave a charter of demands dated 27th July, 2011 to the M/s Mohammad Irfan Coal Mines under section 42(1) of the I.R.A 2010 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 receipt of the above said notice the management of M/s Mohammad Irfan Coal Mines start the negotiations relating to different and disputes with C.B.A Union and the result of the negotiations this agreement is executed between the parties at Hyderabad on 26th December, 2011.

TERMS AND CONDITION OF THE AGREEMENT

Demand No. 1: BONUS FOR FINANCIAL YEAR 2010-2011

Agreement

It is agreed between the parties that the Workmen/Employees of the M/s Mohammad Irfan Coal Mines will be paid the aforesaid bonus for the financial year 2010-2011 as under:

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

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

Agreement

It is agreed between the parties that the Mohammad Irfan Coal Mines shall increase the rates of wages/salaries of the employees/workmen w.e.f. 1st July, 2011 as under:

(1) That an increase of Rs. 1000/- per month will be made in wage/salaries of all monthly and daily rated employees/workmen but mine Sardar Rs. 1500/- p.m.

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

(3) It is agreed that the increase per ton will be made in the rate of Coal Cutter, as per Schedule ‘A’.

(4) It is agreed between the parties that the Jorisars commission, Material allowance and Amani allowance shall be increase as per schedule ‘B’.

(5) It is further agreed that the Jamadars will be paid of Rs. 10/- per ton as summer allowances from 1st April to 31st August every year.

(a) It is agreed that Coal Cutter 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 year.

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

i. It is agreed that, any Jori produce 350 three hundred fifty to 400 four hundred tons coal in a month shall be paid EXTR summer allowance at the rate of Rs. 25/- per ton w.e.f. 1st April to 31st August every year and Jamadars will be paid Rs. 10/- per ton.

ii. It is agreed that Jori produce 401 four hundred one to 450 four hundred fifty ton coal in a month shall be paid EXTRA Summer allowance at the rate or Rs. 35/- per ton for the above said period and Jamadars will be paid Rs. 10/- per ton.

iii. It is further also agreed that, any Jori produce 451/- four hundred fifty one tons and above coal in a month shall be paid EXTRA Summer allowance at the rate of 45/- per ton and Jamadars will be paid Rs. 10/- per ton.

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

Agreement

a. The rate of Katcha Khudai work/Footana in mines deep will be increase and fixed Rs. 1100/- per running ft. (Size 5x6x7).

b. The rate of Katcha Khudai work/Footana of wall 10x10 increase and fixed Rs. 1200/- per running ft.

The rate of mines deep GALA will be paid at the Rs. 15000/- per Gala of mines.

d.The commission of Jamadars in Katcha Khudai works will be Rs. 150/- per running ft.

e.The Jamadar will be paid Rs. 60/- per door in Katha Khudai deep work.

f. Extraction rate and Kharaba from mines will be paid Rs. 300/- per ton/Bandal.

g.It is also agreed between the parties, that in case of water and stones coming in way of Katcha Khudai of well and deep or check and Chunae. 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 in curse of Katcha Khudai.

Demand No. 5: Stopping Rates

Agreement

(a) FIRE STOPPING

(1) Stooping rates will be paid ft. Rs. 1300/- per stopping.

(b) WITHOUT FIRE STOPPING

(2) Stopping will paid Rs. 1100/- per stopping

Demand No. 6: WAGES RATES OF THE COAL CUTTERS

Agreement

It is settled that the Rs. 300/- per day in total will be the rate for Gazette 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 C.B.A Union.

Demand No. 8: DISTRIBUTING FREE SEWING MACHINES/FANS

Agreement

It is agreed that the M/s Mohammad Irfan Coal Mines shall distribute (40) sewing machines free of cost through C.B.A union.

Demand No. 9: MEDICAL FACILITIES

Agreement

(a) Rs. 8/- 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 Lakhra only.

(b) In case the treatment of workers/employees I not possible at the arrangement of mines site under sub clause (a), those workers/employees 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 Mohammad Irfan Coal Mines 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. 300/- per day will be paid to effected workers during the period of treatment.

Demand No. 10: PROVIDING TELEVISION SETS

Agreement

It is agreed that the management of M/s Mohammad Irfan Coal Mines will distribute Eight (8) 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. 30,000/- (Thirty Thousand Only).

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

Agreement

This demand withdrawn by the union.

Demand No. 13: PROVIDING NEW MINES TO JAMADARS

Agreement

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

Demand No. 14: INCREASE IN GRATUITY

Agreement

It is agreed that M/s Mohammad Irfan Coal Mines shall pay gratuity to the workers/employees/Jorisars according the provision of West Pakistan Industrial & Commercial Employment standing order ordinance 1968.

Demand No. 15: SENDING WORKMEN ON HAJJ

Agreement

It is agreed that M/s Mohammad Irfan Coal Mines will send one (1) workman/employee every year to Hajj by Air through C.B.A union on company expenses.

Demand No. 16: FAIR PRICE SHOP AT MINES SITE

Agreement

It is agreed that M/s Mohammad Irfan 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: PROVIDING MEAT ON EID-UL-AZHA OCCASION

Agreement

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

Demand No. 18: WORKMEN COMPESATION & GROUP INSURANCE

Agreement

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

(a) Death and disability compensation will be paid Rs. 400,000/- (Four Hundred Thousand only) to the legal hair of expired workers/employees including disability allowance and Rs. 2000/- p.m. for five year under agreement.

(b) It is also agreed that the amount of group insurance will be paid to the legal hair of expired workers/employees Rs. 210,000/- (Two Hundred Ten Thousand only).

(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.

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 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. 22: WELFARE FUND

Agreement

It is agreed between the parties that Welfare Fund will be paid at the rate of Rs. 11/- per ton on production of coal every month.

Demand No. 23: EID-UL-FITR 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) on Eid-ul-Fitr occasion for cloth and shoes etc.

Demand No. 24: 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. 25: OTHER WORKS RATES

Agreement

1. Nali Katai rate fixed Rs. 60/- per feet.

2. Black Smith amount for Jori Rs. 800/- p.m.

3. Black Smith for Fatana Rs. 500/- p.m.

4. Fixing of Fan in mine Rs. 500/- p.m.

5. Fixing of Gate in mine Rs. 300/- p.m.

6. Fixing and Removal line Rs. 2/- per feet

Demand No. 26: GUARANTEES OF SUBSISTENCE OF PREVIOUS AGREEMENTS AND SETTLEMENTS TO REMAIN INFORCE

Agreement

It is agreed that M/s Mohammad Irfan Coal Mines 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 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 w.e.f. 1st day of July, 2011 till 30th June, 2012.

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Memorandum of Settlement between Mohammad Irfan Coal Mines Lakhra and Mohammad Irfan Coal Mines Worker’s Union Lakhra - 2011

Start date: → 2011-07-01
End date: → 2012-06-30
Ratified by: → Other
Ratified on: → 2011-12-26
Name industry: → Extraction, mining, quarrying
Name industry: → Mining of hard coal
Public/private sector: → In the private sector
Concluded by:
Name company: →  Mohammad Irfan Coal Mines Lakhra
Names trade unions: →  Mohammad Irfan Coal Mines Worker’s Union Lakhra

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 1000.0
Wage increase starts: → 2011-07

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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