SHORT RECITAL OF THE CASE

(A) The Indian Banks’ Association (IBA) on behalf of its member banks named in the respective Schedule, signed settlements with the All India Bank Employees’ Association (AIBEA), National Confederation of Bank Employees (NCBE) and Indian National Bank Employees’ Federation (INBEF) representing the workmen employees of the Banks mentioned in the said Schedule on 27^th March, 2000 and 10^th April 2002, inter alia regarding various terms and conditions of their service. The Settlement dated 27^th March, 2000 was operational for a period of 5 years from 1^st November 1997.

(B) A Bipartite Settlement was signed between IBA and National Organisation of Bank Workers (NOBW) on 9^th August 2002 whereby NOBW agreed not to seek re-opening of industry level settlement dated 27^th March, 2000 and 10^th April 2002 and as such signed the Settlement dated 9^th August 2002 on disciplinary action procedure for workmen.

(C) A Bipartite Settlement was signed between IBA and Bank Employees’ Federation of India (BEFI) on 24^th October, 2002 whereby BEFI agreed not to seek re-opening of the industry level settlements dated 27^th March, 2000 and 10^th April, 2002 and as such signed the settlement dated 24^th October 2002 on disciplinary action and procedures therefore for workman.

(D) The AIBEA, NCBE, BEFI, INBEF and NOBW (hereafter jointly called the Unions) submitted their Charter of Demands on various dated between 10^th June, 2002 and 5^th September 2002 for revision in wages and other service conditions of workmen to IBA and requested for negotiations on the same, with a view to arriving at an amicable settlement.

(E) Simultaneously, IBA also raised with the Unions, issues on behalf of the managements of banks concerned, to be discussed and settled with a view to improving efficiency of operations, customer service, utilization of manpower, discipline and maintaining harmonious industrial relations.

(F) The parties initially agreed after negotiations that total quantum of wage increase arising out of a Settlement to be signed in this regard shall be Rs. 1,288 Crores per annum including the cost of superannuation benefits and accordingly exchanged minutes on 23^rd November 2004 at Mumbai. It is agreed that for the purpose of this settlement, the additional cost of pension be shared between the parties at the ration as agreed and pension cost accordingly.

(G) The Workmen Unions demanded one more option for pension considering the fact that many could not opt earlier for various reasons. IBA, however, reiterated its inability to extend the present pension scheme to those who had not opted for pension. However, both the parties agreed to discuss alternative proposals.

(H) The parties thereafter negotiated the aforesaid demands and issues and have now reached an agreement as set out herein under in full satisfaction of their demands.

(I)                The agreement reached as aforesaid shall amend, modify and supersede the relevant provisions of the Awards and the Settlements wherever referred to in this Settlement.

NOW, IT IS HEREBY AGREED AND DELCARED by and between the parties hereto as under:-

TERMS OF THE SETTLEMENT

GENERAL

1.  In respect of 50 Banks listed in Schedule 1 to this Memorandum of Settlement, except the State Bank of India, Indian Overseas Bank, state Bank of Saurashtra and Bank of Baroda, the provisions of the Shastry Award as finally modified and enacted by the Industrial Disputes (Banking Companies) Decision Act, 1955, the Industrial Disputes (Banking Companies) Decision Amendment Act, 1957 and the provisions of the Award of the National Industrial Tribunal presided over by Mr. Justice K. T Desai in Reference No. 1 of 1960 which Award inter alia modified certain provisions of the Shastry Award (hereinafter referred to as the Awards) as modified by the settlements dated 19^th October 1966, 12^th October, 1970, 23^rd July, 1971, 8^th November, 1973, 1^st August, 1979, 31^st October, 1979, 21^st April, 1980, 8^th September, 1983, 17^th September, 1984, 5^th January, 1987, 10^th April 1989, 29^th June, 1990, 16^th July, 1991, 29^th October, 1993, 14^th February, 195, 14^th December, 1996, 28^th November, 1997, 27^th March, 2000 and 10^th April, 2002 shall continue to govern the service conditions except to the extent the same are modified by this settlement.

2. (i)  In respect of State Bank of India, the provisions of the Awards as modified by the Settlement dated 31^st March, 1967, 24^th February, 1970, 15^th September, 1970, 1^st August, 1979, 31^st October, 1979, 21^st April, 1980, 8^th September, 1983, 17^th September, 1984, 5^th January, 1987, 10^th April, 1989, 29^th June, 1990, 16^th July, 1991, 29^th October, 1993, 14^th February, 1995, 14^th December, 1996, 28^th November, 1997, 27^th March, 2000, 10^th April, 2002 and 2^nd July 2003 shall continue to govern the service conditions of the workmen except to the extent the same are modified by this settlement.

(ii)             In respect of State Bank of Saurashtra, the provisions of the Awards as further modified by the settlements dated 11^th November, 1966, 1^st August, 1979, 31^st October, 1979, 21^st April, 1980, 8^th September, 1983, 1^st September 1984, 5^th January, 1987, 10^th April 1989, 29^th June, 1990, 16^th July, 1991, 29^th October, 1993, 14^th February, 1995, 14^th December, 1996, 28^th November, 1997, 27^th March 2000 and 10^th April 2002 shall continue to govern the service conditions of the workmen except to the extent the same are modified by this settlement.

   (iii) In respect of Bank of Baroda, the provisions of the Awards as further modified by the Settlements dated 23^rd December, 1966, 19^th December, 1970, 1^st August, 1979, 31^st October, 1979, 21^st April, 8^th September, 1983, 17^th September, 1984, 5^th January, 1987, 10^th April, 1989, 29^th June, 1990, 16^th July, 1991, 29^th October, 1993, 14^th February, 1995, 14^th December, 1996, 28^th November, 1997, 27^th March, 2000 and 10^th April 2002 shall continue to govern the service conditions of the workmen except to the extent the same are modified by this settlement.

    (iv) In respect of Indian Overseas Bank, the provisions of the Awards as further modified by the Settlements dated 14^th December, 1966, 17^th December, 1970, 29^th July, 1972, 23^rd March, 1973, 1^st August, 1979, 31^st October, 1979, 21^st April, 1980, 8^th September, 1983, 17^th September, 1984, 5^th January, 1987, 10^th April, 1989, 29^th June, 1990, 16^th July, 1991, 29^th October, 1993, 14^th February, 1995, 14^th December, 1996, 28^th November, 1997, 27^th March, 2000 and 10^th April, 2002 shall continue to govern the service conditions of the workmen except to he extent the same are modified by this settlement.

    (v) In respect of State Bank of India, State Bank of Saurashtra, bank of Baroda and Indian Overseas Bank, Settlements referred to in Clauses 2(i), (ii), (iii) and (iv) above refer to settlements entered into between State Bank of India, State Bank of Saurashtra, Bank of Baroda and Indian Overseas Bank with the all India State Bank of India Staff Federation, all India Bank of Baroda Employees’ Federation and the All India Overseas Bank Employees’ Union, respectively representing the workman of those banks (hereinafter referred to as the said separate settlements)

3.  (i) The provisions of the said Awards, the First Bipartite Settlement dated 19^th October, 1966 and/or other subsequent settlement(s) including the above mentioned separate settlements hereinafter collectively referred to as said settlements shall stand modified or superseded to the extent and in the manner detailed hereunder.

3.  (ii) Provisions in the aforesaid Awards/Settlements which have not been amended/modified or superseded by this Settlements shall continue to remain in force.

4.         Scales of Pay

            In super session of  clause 4 of Bipartite Settlements dated 27^th March, 2000, with effect from 1^st November, 2002 the scales of pay shall be as under:-

Clerical Staff

7940

5055

6060

4410

                        215                             335                     470                         500

                         3                                 3                           4                               3

12650

13210

11680

9440

                        560                             970                     560                        

                         4                                   1                          1                              

Subordinate Staff

4770

4500

4270

4060

                        105                             115                     135                         165

                        2                                    2                           2                             3

7560

6750

6045

5265

                        195                             235                     270                        

                         4                                   3                           3                          

Note:

(a)  Fitment in the new scales of pay shall be on a stage-to-stage basis.

(b) There shall be no change in the dates of annual increments because of the fitment.

5.                  Stagnation Increments

In partial modification of Clause 5 of Bipartite Settlement dated 27^th March, 200 both clerical and subordinate staff (including permanent part-time employees on scale wages) shall be eligible for six stagnation increments w.e.f. 1^st November, 2002 at the rage and frequency as stated herein under:

The clerical and subordinate staff (including permanent part-time employees on scale wages) on reaching the maximum in their respective scales of pay, shall draw six stagnation increments at the rate of Rs. 560/- and Rs. 270/- each due under the settlement, and at frequencies of 3 years and 2 years respectively, from the dates of reaching the maximum of their scales as aforesaid.

Provided that a clerical/subordinate staff (including permanent part-time employees on scale wages) already in receipt of five stagnation increments shall be eligible for the sixth stagnation increment on 1^st November 2002 or three / two years respectively after receiving the fifth stagnation increment, whichever is later. In respect of employees who had received their fifth stagnation increment on and from 1^st November 1999, the sixth stagnation increment shall be released on and from 1^st November 2002.

6.         Definition of ‘Pay’

‘Pay’ for the Purpose of D.A., HRA and superannuation benefits shall mean Basic Pay, Stagnation increments, Special Pay, Graduation Pay, Professional qualification Pay and Officiating Pay, if any.

Note:

The increment component of Fixed Personal Pay as given in column 2 of Schedule III shall rank for superannuation benefits.

6.                  Dearness Allowance

In substitution of Clause 7 of Bipartite Settlement dated 27^th March 2000 with effect from 1^st November 2002, the dearness allowance shall be payable as per the following rates :-

            1.  (i) Subordinate Staff

                        0.18% of ‘Pay’

                 (ii) Clerical Staff

(a)   0.18% of ‘pay’ up to Rs. 9,650/- plus

(b)  0.15% of ‘pay’ above 9,650/- and up to Rs. 15,350/- plus

(c)  0.09% o ‘pay’ above 15,350/- and up to Rs. 16,350/-

(d)  0.04% of ‘pay’ above Rs. 16,350/-

2.      On and from 1^st February, 2005, Dearness Allowance shall be payable at 0.18% of Pay.

Note:

Dearness Allowance in the above manner shall be paid for every rise of fall of 4 points over 2288 points in the quarterly average of the All India Average Working Class Consumer Price Index (General) Base 1960-100.

(a)   It is clarified that there shall be no ceiling on Dearness Allowance.

(b)  Dearness Allowance shall be calculated and paid on Basic Pay, Special Pay, Graduation Pay, Professional Qualification Pay and Officiating Pay, if any, payable under this settlement in respect of both clerical and subordinate staff.

(c)  All other existing provisions relating to dearness Allowance Scheme shall remain unchanged.

8.         City Compensatory Allowance

In substitution of Clause 8 the  Bipartite Settlement dated 27^th March, 2000, with effect from 1^st November, 2002, the City Compensatory Allowance shall be payable as per the following rates :

          Note:    All other existing provisions relating to City Compensatory Allowance shall remain unchanged.

9.         House Rent Allowance

            In substitution of Clause 9 of the Bipartite Settlement dated 27^th March, 2002, with effect from 1^st November, 2002 the House Rent Allowance payable shall be as under:

Note:

(1)  Where quarters are provided, HRA shall not be payable and the rent to be recovered shall be 1% of the first stage of the Scales of Pay.

(2)  All other existing provisions relating to House Rent Allowance shall remain unchanged.

10.       Transport Allowance

In partial modification of clause 10 of the Bipartite Settlement dated 27^th March, 2000 Transport Allowance shall be paid @ Rs. 105/- per month with effect from 1^st November, 2002.

            Note:

(i)        All permanent part time employees including those on probation and drawing scale wages shall be paid transport allowance on pro rate basis.

(ii)             This provision by itself will not preclude the payment of any existing allowance of this nature paid as a result of Government guidelines/bank level settlements.

11.       Special Pay

(1)       In super session of Clause 11 of the Bipartite Settlement dated 27^th March, 2000, with effect from 1^st November, 2002:

(i)                The Special payable to the clerical staff and subordinate staff in banks other than State Bank of India, shall be a mentioned under Part-A in Schedule II to this Settlement

(ii)             The duties and responsibilities as improved or retained as they are and attracting Special Pay in banks other than State Bank of India shall be as set out in Schedule III and shall be in partial modification of Schedule III to the Bipartite Settlements dated 17^th September, 1984 and 14^th February, 1995.

(iii)           Posts attracting Special Pays as listed in Schedule II to the Bipartite Settlement dated 27^th March, 2000 and which do not find a mention in Part A of Schedule II to this Settlement shall stand discontinued. Present incumbents in these posts (other than those who are on locum linens basis) shall continue to perform functions attached to such posts (as detailed in Schedule III to Bipartite Settlements dated 17^th September 1984 and 14^th February, 1995) if such functions are required to be performed or else their services shall be utilized for performing such other duties of the cadre as per requirement and they will draw special pay as mentioned in Part-B of Schedule II to this Settlement Once such an employee is promoted or is assigned duties of a higher nature or is retired or ceased to be in service for any reason whatsoever or is divested of the post in accordance with the provisions in Bipartite Settlements, there shall not be any further appointment/entrustment to the post.

(iv)            In all other aspects, the general rules and provisions contained in chapter V of the Bipartite Settlement dated 19^th October, 1966 relating to special pay carrying posts, as modified from time-to-time shall continue to apply.

(v)               Graduation Pay and Professional Qualification Pay payable to the clerical staff in banks shall be as mentioned in Part ‘C’ of Schedule II to this Settlement.

(vi)            The special pay, graduation pay and professional qualification pay as mentioned in Schedule II shall rank for superannuation benefits.

(vii)          The rates of Special Pay and the duties of Special Pay carrying posts for workmen staff in State Bank of India may be reviewed and settled at the bank level.

(2)       In partial modification of Part II of clause 23 of the Bipartite Settlement dated 12^th October, 1970, a member of the non-subordinate cadre acquiring a Graduate/National Diploma in Commerce or a JAIIB/CAIIB (either or both parts) qualification/s at a time when he/she does not have the requisite number of scale to be earned as advance increments shall in the first instance be released increments for such qualification/s acquired to the extent available in the scale and in lieu of the remaining increments(s) not available for being so released as advance increments be granted/released the first installment of Graduation Pay or PQP, as the case may be. Release of subsequent installments of Graduation Pay or PQP shall be with reference to the date of release of Graduation Pay or PQP under this clause.

Provided that in the case of an employee acquiring such qualification after reaching the maximum of the scale of pay, he shall be granted from the date of acquiring such qualification the first installment of Graduation pay or PQP, as the case may be and the release of subsequent installments of Graduation Pay or PQP under this clause.

Providing further that in a case where the employee as on the date of this settlement, has already acquired any of the said qualifications and has not earned any increment or Graduation Pay/Professional Qualification Pay on account of acquiring such qualification, he may be, with effect from 1^st November 2002 or the date of acquiring any of the said qualifications, whichever is later, released increment/s  or Graduation Pay / PQP as provided herein above.

12.       Hill and Fuel Allowance

In partial modification of Clause 15(a) of the Bipartite Settlement dated 10^th April, 1989 and Clause 12 of the Bipartite Settlement dated 27^th march, 2000, the Hill and Fuel Allowance shall be payable at the following rates with effect from 1^st November, 2002:

            Note : All other existing provisions shall remain unchanged.

13.       Fixed Personal Pay

In partial modification f Clause XIV of the Bipartite Settlement dated 29^th October, 1993 and Clause 13 of the Bipartite Settlement dated 27^th March, 2000, the Fixed Personal Pay shall be revised with effect from 1^st November, 2002 as per Schedule IV.

14.       Payment of Overtime Allowance

The overtime allowance paid to the employees for the overtime work performed until the date of settlement shall not be recalculated on account of this Settlement.

15.       Provident Fund

In super session of Clause 15 of the Bipartite Settlement dated 27^th March, 2000, w.e.f. 1^st November, 2002, the rate of Provident Fund shall be at 10% of Pay.

16.       Pension (in Banks other than State bank of India)

In respect of an employee other than the employee in State Bank of India, who is a member of the Pension Fund, who retires or dies while in service or otherwise cases to be in employment on or after the 1^st May, 2005, ‘Pay’ for the purpose of pension shall be the pay as in clause 6 of this settlement. This shall be subject to the necessary amendments to be made to the relevant provisions of Bank (Employees’) Pension Regulations, 1995.

Note : The Bank (Employees’) Pension Regulations, 1995 does not apply to the employees of State Bank of India.

17.       Medical Aid

In substitution of Clause 17 of the Bipartite Settlement dated 27^th March, 2000, with effect from 1^st November, 2002 the reimbursement of medical expenses under medical aid scheme shall be restricted to an amount of Rs. 1,500/- per annum. For the year 2002, the reimbursement of medical expenses under the medical aid scheme shall be enhanced proportionately for two month i.e. November and December 2002.

18.       Definition of ‘Family’:

a.       In super session of Para 5 of the Bipartite Settlement dated 5^th January, 1987, for the purpose of medical facilities and for the purpose of leave fare concession, the expression ‘family’ of an employee shall mean the employee’s spouse, wholly dependent unmarried children (including step children and legally adopted children) as also parents ordinarily residing with and wholly dependent on the employee.

b.      The term wholly dependent child/parent shall mean such member of the family having a monthly income not exceeding Rs. 2,550/- p.m.

If the income of one of the parents exceeds Rs. 2,550/- p.m. or the aggregate income of both the parents exceeds Rs. 2,550/- p.m. both the parents shall not be considered as wholly dependent on the employee.

c.      A married female employee may include here natural parents or parents-in-law under the definition of family –but not both – provided that the parents/parents-in-law is ordinarily residing with and wholly dependent on her.

19.       Leave Fare Concession

(i)   In super session of Paragraph 6(i) of Bipartite Settlement dated 16^th July, 1991 and Paragraph 2(ii0 of Bipartite Settlement dated 28^th November, 1997, w.e.f. the date of this Settlement, leave fare concession payable will be that actual return railway fare or steamer fare incurred by the workman and members of his family subject to the following :

a)      For availment of leave fare concession under a 2 year block for visit to any place within India, the maximum permissible distance shall be 2250 km. For subordinate staff and 1750 km. For non-subordinate staff.

b)     For availment of leave fare concession under a 4 year block for visit to any place in India, the maximum permissible distance shall be 4500 km. For subordinate staff and 3500 km. For non-subordinate staff.

(ii) In super session of Paragraph 10.3 of Bipartite Settlement dated 19^th October, 1966, Paragraph X(2) of Bipartite Settlement dated 17^th September 1984, Paragraph 2 of the Bipartite Settlement dated 28^th November 1997 and in partial modification of Paragraph 23(v) or bipartite Settlement dated 31^st October, 1979, the class of fare to which the workman and the members of his family would be entitled shall be as follows :

      Subordinate Staff:

      Sleeper class fare for the journey by mail/express train.

      Non-subordinate Staff:

      First class fare for the journey by mail/express train.

      Provided where the employee and/or members of his family travel actually by AC-II Tier class by mail/express train (including Rajdhani and Shatabdi Express trains), the employee will be reimbursed the actual AC-II tier class fare incurred for the admissible distance.

Provided further that where the employee and / or members of his family undertake travel by air either to his place of domicile or to any other place for rest and recuperation within India, he shall be entitled to be reimbursed thee actual air fare so incurred or the AC-II Tier class fare by train by a direct route in case of travel to place of domicile or to the extent of the maximum admissible distance in case of travel to any other place for rest and recuperation.

(ii)             In super session of Paragraph 6(v) of the Bipartite Settlement dated 16^th July, 1991 and in partial modification of Paragraph 19 of Bipartite Settlement dated 27^th March, 2002, an employee and / or members of his family, when availing leave fare concession may undertake travel by any mode of surface transport between places not connected by train or partly connected by train and the employee will be eligible to claim in respect of such journey his actual expenditure or the national train fare by the entitled class for the distance so traveled, whichever is less, within his overall entitlement. For the purpose of this sub-clause travel by any approved mode of surface transport would mean such travel undertaken through any public transport or transport (including taxi) operated by agencies / tour operators approved by appropriate Government authorities.

(iii)           By exercising an option anytime during a block of 2 years or 4 years, as the case may be, an employee can either undertake travel availing of leave fare concession and claim reimbursement up to his entitlement or to encash the facility for the concerned block. The option so exercised shall be irrevocable for the block concerned. On opting to encash the facility, he will be entitled to receive a lump sum equivalent to 75% of notional train fare for the admissible distance (depending on 2 year or 4 year block) by the entitled class, subject to deduction of admissible tax at source. Leave Fare Concession for travel to place of domicile is not encashable. An employee opting to encash his LTC shall prefer the claim for himself and his family members only once during the block / term in which such encashment is availed of . The facility of encashment of privilege leave while availing of Leave Fare Concession is also available while encashing the facility of LFC.

Provided, however that an employee so encashing the facility of leave fare concession shall proceed on leave for a minimum period of 4 days.

20.       Hospitalisation

In substitution of Clause 18 of the Bipartite Settlement dated 27^th March, 2000, with effect from the date of this Settlement, the reimbursement of hospitalization expenses shall be as detailed in Schedule V to this Settlement.

21.       Part-Time Employees

a)  In substitution of Clause 20(i) of the Bipartite Settlement dated 27^th March, 2000, with effect from 1^st November, 2002, Part-Time employees who are members of the subordinate staff and whose normal working hours per week are as given below shall be paid consolidated wages as under :

22.       Compensation for losses due to breakage

            or damage to goods on Transfer

In super session of Clause 28 of Bipartite Settlement dated 27^th March, 2000, with effect from the date of this Settlement compensation on transfer, shall be as under :-

a.        Where an employee produces receipts or a statement of loss in respect of  breakages subject to a maximum of –

Clerical Staff             :           Rs. 900/-

Subordinate    Staff    :           Rs. 600/-

b.        Where no receipt/statement of loss are produced a lump sum payment of-

Clerical Staff             :           Rs. 600/-

Subordinate Staff       :           Rs. 450/-

23.       Halting Allowance

In modification of clause 23 of the Bipartite Settlement dated 27^th March, 2000. with effect from the date of the Settlement halting allowance shall be payable at the following rates for the days spent on duty outside the headquarters:

24.       Washing Allowance

In super session of clause 9 of Bipartite Settlement dated 10/04/1989 and clause 21 of Bipartite Settlement dated 27/03/2000, w.e.f. 1^st August, 2004 washing allowance shall be payable at Rs. 75/- p.m., where the washing of livery is not arranged by the bank.

25.       Cycle Allowance

In super session of clause 22 of Bipartite Settlement dated 27/03/2000, w.e.f. 1^st November 2002, cycle allowance is payable to the members of the subordinate staff who are required to use a cycle on regular assignment for outdoor duties at Rs. 60/- p.m. at all centers.

Cycle allowance not be paid to a workmen member of the subordinate staff entitled to the allowance for the period of leave where such leave exceeds 30 days.

26.       Split Duty Allowance

In partial modification of clause 4 of the Bipartite Settlement dated 28/11/1997 and clause 24 of the Bipartite Settlement dated 27/03/2000, w.e.f. 1^st November, 2002 Split Duty Allowance shall be payable at all centers at Rs. 90/- p.m.

27.       Project Area Compensatory Allowance     

In partial modification of clause 12 of the Bipartite Settlement dated 31/10/1979 and clause 3 o the Bipartite Settlement dated 28/11/1997, w.e.f. 1^st November, 2002, workmen in project areas shall be paid a project area compensatory allowance as under :-

(i)                Project Area Group ‘A’

Clerical Staff – Rs. 150/- p.m.

Sub-Staff  - Rs. 130/- p.m.

     (ii)      Project Area Group ‘B’

                Clerical Staff – Rs. 130/- p.m.

                 Sub-Staff – Rs. 110/- p.m.

28.       Special Area Allowance

In super session of all earlier provisions relating to Special Area Allowance, w.e.f. 1^st November 2002, Special Area Allowance shall be payable at places specified in column 2 of the Schedule VII hereto, as per the quantum indicated in column 3 thereof against each such place subject to the condition that if at any of the place mentioned in column 2 of Schedule VII hereto, Hill and Fuel Allowance is payable in terms of this Settlement, then at such places only higher of the two allowances shall be payable.

29.       Officiating Pay

In partial modification of paragraph III (f) of Bipartite Settlement dated 8^th November, 1973, if a workman other than subordinate staff officiates in a post in higher cadre either for a continuous period of 7 days or more or an aggregate of 7 days in a calendar month, he shall be paid with effect from 1^st June, 2005 officiating pay at the rates laid down in Clauses 9.11 (a)(i) or 9.11 (a)(ii) of the Bipartite Settlement dated 19^th October, 1966.

 30.      Reimbursement of expenses on Road Travel

In substitution of clause 19 of Bipartite Settlement dated 27/03/2000, w.e.f. the date of this Settlement where an employee has to travel on duty /LFC between two places not connected or partially connected by rail or steamer, he shall be reimbursed actual road mileage cost or at Rs. 2/- per km., whichever is less.

31.       Computerisation/Machanisation

            and Technological upgradation

In super session of all subsisting industry level settlements relating to Computerisation and Mechanisation for the time being in force it is hereby agreed between the parties as follows:

a.                   In the matter of computerization of banks’ business and technological upgradation of its operation, banks may decide on the level, type scope and extent of application, function and location of state-of-the art technology and equipments to the extent necessary.

b.                  Arising out of business process re-engineering necessitated by introduction of state-of-the-art technology and equipments, banks may redesign and assign role, duties and responsibilities to their staff within the provisions of the settlement.

c.                  Banks may utilise the service of staff for marketing and selling of different products of Banks/their subsidiaries/joint ventures or any other product of any agency / entity with whom the banks may have arrangements, based on their business needs and requirements.

d.                  Banks may acquire/modify/change or discontinue businesses and business processes, wherever necessary.

e.                  Banks may, arising out of technology, review the existing jobs, and work processes, systems and procedures and re-engineer them.

f.                   Banks may switch to the single window and such other system of operations wherever so decided.

g.                  Banks may adopt new systems and procedures which are demanded/facilitated by latest technology solutions such as networking of branches and centralized accounting, shared operations centers, call centers, processing centers, acting on electronically communicated messages, dependence on digital/electronic signatures and the like.

h.                  While it shall be the banks’ endeavor to retain/re-skill staff and to develop in-house competencies, they may outsource IT and its related activities in respect of specialized areas where in-house capability is not available.

i.                    The selection and/or placement of staff for work to make the fullest and most efficient use of the computerized systems/ devices/equipments etc. will be based on combination of skill tests, aptitude test, hands-on test and suitability, to be determined by the bank.

j.                    The bank may, depending upon its requirements, resort to round-the-clock and seven-days-a-week working and staggering of working hours at its branches/offices/service units.

k.                  It is clarified that the Computer Operators may be assigned any other routine duties of their cadre as already provided in subsisting Bipartite Settlements.

l.                    Where a female operator who is in the family way desires to discontinue working on Computer during the period of her pregnancy, she will be exempted at her written request from operating the Computer. The special pay shall not be paid to her for the period during which she is on duty  but exempted from operating the Computer, but shall be paid during the period of her leave of any kind subject to her acceptance to perform duties as Computer Operator on resumption.

m.                There will be no retrenchment on account of computerisation. Staff displaced at a center/place as a result of computerization/mechanization shall be deployed in terms of this settlement.

Note:

In case of State Bank of India, the extant provisions of Settlement dated 22^nd July, 2003 arrived at Bank level with the All India State bank of India Staff Federation on Technology, Redeployment / Transfer of Staff and Other Issues shall remain unchanged and shall remain operative.

32.       Deployment of Staff

In continuation of clause 32 of 7^th Bipartite Settlement dated 27^th March, 2000, it is agreed between the parties that deployment of non-subordinate staff in banks which are parties to this settlement shall be in accordance to the terms and conditions set-forth in Schedule VI to this Settlement.

33.       Voluntary Cessation of Employment

(i)  When an employee himself from work for a period of 90 or more consecutive days without prior sanction from the Competent Authority or beyond the period of leave sanctioned originally including any extension thereof or when there is satisfactory evidence that he has taken up employment in India or outside, the management at any time thereafter may give a notice to the employee at his last known address as recorded with the Bank calling upon him to report for work within 30 days of the date of notice.

         Unless the employee reports for work within 30 days of the notice or gives an explanation for his absence within the period of 30 days satisfying the management inter alia that he has not taken up another employment or avocation, the employee shall be given a further notice to report for work within 30 days of the notice failing which the employee will be deemed to have voluntarily vacated his employment on the expiry of the said notice and advised accordingly by registered post.

         In the event of the employee submitting a satisfactory reply, he shall be permitted to report for work thereafter within 30 days from the date of expiry of the aforesaid notice without prejudice to the bank’s right to take any action under the law or ruled/conditions of service.

         If the employee fails to report for work within this 30 days period, then he shall be given a final notice to report for work within 30 days of this notice failing which the employee will be deemed to have voluntarily vacated his employment on the expiry of the said notice and advised accordingly by registered post.

(ii)    If an employee again absents himself for the second time within a period of 30 days without submitting any application and obtaining sanction thereof, after reporting for duty in response to the first notice given after 90 days’ of absence of within the 30 days’ period granted to him for reporting to work on his submitting a satisfactory reply to the first notice, a further notice shall be given after 30 days of such absence giving him 30 days’ time report. If he fails to report for work or reports for work in response to the notice but absents himself a third time from work within a period of 30 days without prior sanction, his name shall be struck off from the rolls of the establishment after 30 days of such absence under intimation to him by registered post deeming that he has voluntarily vacated his appointment.

(iii)  Any notice under this clause shall be in a language understood by the employee concerned. The notice shall be sent to him by registered post with acknowledgement due. Where the notice under this clause is sent to the employee by registered post acknowledgement due at the last recorded address communicated in writing by the employee and acknowledged by the bank, the same shall be deemed as good and proper service.

34.       Graduation Pay

Non-Subordinate employee who acquire graduation / post graduation qualification from Universities / Open Universities which are recognized by the University Grants commission will be considered as having acquired graduate qualification and would be eligible for being granted the two additional increments for graduation or graduation pay, as the case may be, as provided hereinabove subject however to the following conditions:

(i)                Employees who registered under the Graduation / Post-Graduation courses of Open University have either passed the foundation course or attended the Bachelor’s Preparatory Programme; and

(ii)             They pursue the same course and take the same examination as the formal stream students.

This provision shall take effect from the date of the Settlement.

35.       Special leave

In super session of  Para 13.39 of the 1^st Bipartite Settlement dated 19/10/1966, with effect from the date of the Settlement Special leave will be allowed to certain employees for attending meetings and conferences of trade unions of bank employees as provided below:

a.         Principal Office Bearers of All India Up to 21 days in a calendar Workmen Unions/Associations subject to a year.

Maximum of –

i.          20 such members in the case of unions

having more than 25% membership.

i.          15 such members in the case of unions

having less than 25% membership.

b.         Central Committee Members of All India

Workmen Unions/Associations subject to a Up to 17 days in a calendar

Maximum of –

i.          40 such members in the case of unions

having more than 25% membership.

ii.         30 such members in the case of unions

having less than 25% membership.

c.         Office Bearers of the Executive Committee Up to 7 days in a calendar year.

Of the State of Regional Level Units of All

India Workmen Unions / Associations subject

to a maximum of –

i.          20 such members in the case of unions

having more than 25% membership.

ii.         15 such members in the case of unions

having less than 25% membership.

The benefit of special leave as above shall be available only to those office bearers nominated for the purpose by the All India Workmen Union/ Associations who are parties to the Settlement and signing it.

36.       Special provision for State Bank of India

i)                   The provisions of Settlements dated 30^th January, 1995 and 22^nd July 2003 relating to Special Compensatory Allowance (SCA) as prevailing in the Bank shall be continued unchanged.

ii)                Special compensatory provisions in respect of State Bank of India as in bank level settlements may be reviewed and settled at bank level.

37.       General Provisions

(i)        In super session of clause 22(c) of Bipartite Settlement dated 10^th April, 1989, watch and ward staff and employees manning installations which require round-the-clock maintenance and surveillance on duty on days of agitation/strike action are exempt from participating in such action.

(iii)           A member of the award staff shall submit details regarding his assets and liabilities to the bank as and when sought for. Failure to do so shall be treated as a gross misconduct.

38.       Implementation

(i)                The various provisions of this Settlement shall take effect from the dates specified hereunder, unless provided to the contrary and the financial benefits emanating there from shall be given effect to within a period of 90 days from the date of this Settlement.

Sr. No.                                    w.e.f.

            1.         Scales of Pay, 6^th Stagnation                        1^st November 2002

                        Increment, slab rate Dearness

Allowance, Special Pay and            

Consolidated wages to part

Time employees working less

Than 6 hours per week.

            2.         Dearness Allowance – Single                      1^st February, 2005

                        Slab Rate (i.e. 0.18% of Pay)

            3.         Professional Qualification Pay                    1^st November, 2002

                        House  Rent  Allowance City

                        Compensatory      Allowance,

                        Provident Fund and Gratuity,

                        Recovery   of   House   Rent,

                        Fixed Personal Pay, Hill &

                        Fuel Allowance, Transport

                        Allowance, Annual Medical

                        Aid, Special area Allowance,

                        Project Area Allowance, Split

                        Duty   Allowance,   Cycle

                        Allowance.

            4.         Pension                                                          1^st May, 2005

            5.         Hospitalisation       Expenses,                      Date of Settlement

                        Halting                 Allowance,

                        Compensation  of  losses  on

                        Transfer, Expenses on Road

                        Travel, LFC and Overtime

                        Allowance

            6.         Washing Allowance                                      1^st August, 2004

            7.         All other items agreed to but                       Date of Settlement

                        not   covered  by  the  above

                        Clauses.

39.       Date of Effect and Operation

i.          This Settlement shall be binding on the parties for five years from 1.11.2002

ii.         The terms and conditions hereof shall continue to govern and bind the parties even thereafter until the Settlement is terminated by either party giving to the other a statutory notice as prescribed in law for the time being in force.

iii.       The AIBEA, NCBE, BEFI, INBEF and NOBW on behalf of the workmen agree that during the operation of this Settlement the workmen will not for any reason whatsoever, raise any demand of any nature whatsoever on any of the banks in respect of matters, monetary or otherwise, covered by this Memorandum of Settlement.

iv.        Copies of the Memorandum of Settlement will be jointly forwarded by the parties to the authorities listed in Rule 58 of the Industrial Disputes (Central) Rules, 1957 so that terms and conditions thereof are binding on the parties as provided in law.

40.       Interpretation

If there is any difference of opinion regarding interpretation of any of the provision of this Settlement the matter will be taken up only at the level of the Indian Banks’ Association, the All India Bank Employees’ Association, the National Confederation of Bank Employees, the Bank Employees’ Federation of India, the Indian national Bank Employees Federation and the National Organisation of Bank workers, for discussion and settlement.

SPECIAL PAY

PART – A

For Clerical Staff

Note :

1.         In the case of Special Assistant, the Special Pay payable for the period 1^st November, 2002 to the date of the Settlement shall be Rs. 1,400/- p.m. and thereafter Rs. 1,600/- p.m.

2.         Erstwhile Teller Category ‘B’ Assistant Head Cashier – Units of 5 and above, Head Cashier Category ‘D’ and Head Cashier Category ‘E’ shall now be termed/named as Teller, Assistant Head Cashier, Head Cashier – I and Head Cashier – II respectively.

For Subordinate Staff

SPECIAL PAY

PART – B

For Clerical Staff

For Subordinate Staff

PART – C

GRADUATION PAY/PROFESSIONAL QUALIFICATION PAY

For those workmen who hereafter reach or have already reached 20^th stage of the scale and have got increments in consideration of educational qualification(s) Graduation Pay/ Professional Qualification Pay shall be payable as under :

1.         Those who are graduate and/or NDC -

Rs. 180/- p.m. after they complete 1 year

            Rs. 360/- p.m. after they complete 2 years

2.         Those who have passed JAIIB of Part 1 of CAIB/CAIIB-

            Rs. 180/- p.m. after they complete 1 year

3.         Those who have passed JAIIB and CAIIB or Both Parts of CAIB/CAIIB-

Rs. 180/- p.m. after they complete 1 year

Rs. 360/- p.m. after they complete 2 years

Rs. 540/- p.m. after they complete 3 years

4.         Those who are graduates/NDC and have passed JAIIB of Part CAIB/CAIB

            Rs. 180/- p.m. after they complete 1 year

            Rs. 360/- p.m. after they complete 2 years

            Rs. 540/- p.m. after they complete 3 years

5.         Those who are graduates/NDC and have passed JAIIB or Part I of CAIB/CAIIB -

            Rs. 180/- p.m. after they complete 1 year

            Rs. 360/- p.m. after they complete 2 years

            Rs. 540/- p.m. after they complete 3 years

            Rs. 720/- p.m. after they complete 4 years

            Rs. 900/- p.m. after they complete 5 years.

            Note: Refer to Clause 11(2) of this Settlement

SCHEDULE – III

SPECIAL PAY DUTIES

This Special pay duties do not include the routine duties of the cadre (clerical / subordinate) which a workman has to normally perform; but merely refer to those special allowance duties which if performed in addition to the routine duties will entitle a workman to a special pay on the terms and conditions provided in chapter V of the First Bipartite Settlement as modified.

For removal of doubts it is clarified that the workman entrusted with duties attracting special pay can be required to perform routine duties of his cadre and that the following duties shall inter alia form part of the normal duties of the clerical cadre and for performance of those duties no special pay shall be payable:

(i)                Acknowledgements of inward mail received.

(ii)             Receipt of cheques, drafts, dividend warrants, pay orders and other like instruments other than bills and giving acknowledgements in the counterfoil.

(iii)           Delivery of cheque books subject to authroisation by competent authority.

(iv)            Issue of cash receipts.

(v)               Issue of E.S.I. stamps wherever applicable or may become applicable.

(vi)            Recounting of currency notes by cash department staff.

(vii)          Ensuring the proper co0ntents in covers and envelopes including registered ones before dispatch.

DUTIES OF SPECIAL PAY CARRYING

POSITIONS IN CLERICAL CADRE

Notes :-

(i)        In respect of the above special pay carrying posts in clerical cadre -

q       Countersigning would mean signing in a manner whereby the primary responsibility for ensuring that all the formalities are complete rests with the other signatory.

q       Checking/verifying would mean verifying that the instrument / material checked is in order in all respects and also includes verification of signature irrespective of the amount of the instrument and authenticating the same on the instrument / material, initialing the relative entries in the respective books of accounts, manually and/or on line.

q       Passing includes verification of signatures and scrutiny as to the correctness of endorsement on and other particulars of such instruments. It will also include checking and authenticating the relative entries in the respective books of accounts/ledgers/computer sheets and/or on line.

(ii)      Henceforth, selection of staff for being entrusted with special pay carrying     posts shall be on the basis of their suitability for the specialized function,       norms for which shall be decided at the bank level.

SPECIAL PAY CARRYING POSITIONS IN SUBORDINATE CADRE