6th BIPARTITE SETTLEMENT

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6th BIPARTITE SETTLEMENT

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), Bank Employees’ Federation of India (BEFI) and Indian National Bank Employees' Federation (INBEF) representing the workmen employees of the Banks mentioned in the said Schedule on 14th February,1995, 14th December, 1996 and 28th November, 1997 inter-alia regarding various terms and conditions of their service. The Settlement dated 14th December 1996 was co-terminus with the Settlement dated 14th February, 1995.

(B) A Bipartite Settlement was signed between IBA and National Organisation of Bank Workers (NOBW) on 22nd October, 1997 whereby NOBW agreed not to seek re-opening of any of the industry level settlements signed subsequent to Settlement dated 25th April 1980 and as such
signed the Settlement dated 28th November, 1997 as one of the Unions representing workmen employees of the banks.

(C) The AIBEA, NCBE, BEFI, INBEF and NOBW (hereinafter jointly called the Unions) submitted
a joint Charter of Demands dated 28th November 1997 for revision of wages and other service conditions to the IBA and requested for negotiations on the same, with a view to ar

(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), Bank Employees’ Federation of India (BEFI) and Indian National Bank Employees' Federation (INBEF) representing the workmen employees of the Banks mentioned in the said Schedule on 14th February,1995, 14th December, 1996 and 28th November, 1997 inter-alia regarding various terms and conditions of their service. The Settlement dated 14th December 1996 was co-terminus with the Settlement dated 14th February, 1995.

(B) A Bipartite Settlement was signed between IBA and National Organisation of Bank Workers (NOBW) on 22nd October, 1997 whereby NOBW agreed not to seek re-opening of any of the industry level settlements signed subsequent to Settlement dated 25th April 1980 and as such
signed the Settlement dated 28th November, 1997 as one of the Unions representing workmen employees of the banks.

riving at an amicable settlement.

(D) The IBA also raised with the Unions, during negotiations, issues on behalf of the managements of the banks concerned, to be discussed and settled with a view to improving productivity, efficiency, customer service, discipline and maintaining harmonious industrial relations.

(E) The Unions put forward a demand for giving yet another opportunity to those employees who had not opted for pension earlier. While IBA expressed its inability to consider the demand of the Unions, on their insistence however, it agreed to forward the demand to the Government of India.

(F) The parties initially agreed after prolonged negotiations that the total quantum of wage increase
arising out of a Settlement to be signed in this regard shall be 12.25% of the wage bill of workmen employees for the year ended 31st March, 1997 including the cost of superannuation benefits and accordingly signed a Memorandum of Understanding on 11th March, 1999 at Mumbai. It is agreed
that for the purpose of this Settlement Pension be costed at 18.25% of the incremental Pay arrived
at by merger of Dearness Allowance at CPI 1616 points with the Pay as per the Settlement dated
14th February, 1995 and 14th December, 1996.

(G) The parties thereafter negotiated the aforesaid demands and issues on several occasions and have now reached an agreement as set out hereinunder in full satisfaction of their demands.

(G) 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 DECLARED by and between the parties hereto as under :-

TERMS OF SETTLEMENT GENERAL

1. In respect of 55 `A' Class Banks listed in Schedule I, 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 Sastry 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 modifies certain provisions of the Sastry Award (here in after referred to as the Awards) as modified by the settlements dated 19th October,1966 , 12th October,
1970 , 23rd July,1971 , 8th November,1973 , 1st August,1979 , 31st October,1979 , 21st April,1980 , 8th September,1983 , 17th September,1984, 5th January,1987 , 10th April,1989 , 29th June,1990 , 16th July,1991 , 29th October,1993, 14th February,1995 , 14th December,1996 and 28th November,1997 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 Settlements
     dated 31st March, 1967 , 24th February,1970 , 15th September,1970 , 1st August,1979 , 31st October,1979 , 21st April,1980 , 8th September, 1983, 17th September,1984 , 5th January,1987 , 10th April,1989 , 29th June,1990 , 16th July,1991 , 29th October,1993 , 14th February,1995 , 14th December,1996 and 28th November,1997 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 11th November,1966 , 1st August,1979 , 31st October,1979 , 21st April, 1980 , 8th September, 1983 , 17th September, 1984 , 5th January, 1987 , 10th April,1989, 29th June,1990,16th July,1991,29th October,1993,14th February,1995,14th December, 1996 and 28th November, 1997 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 23rd December, 1966, 19th December, 1970, 1st August, 1979, 31st October, 1979, 21st April, 1980, 8th September, 1983, 17th September, 1984, 5th January, 1987, 10th April, 1989, 29th June, 1990, 16th July, 1991, 29th October, 1993, 14th February, 1995, 14th December, 1996 and 28th November, 1997 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 14th December, 1966, 17th December, 1970, 29th July, 1972, 23rd March, 1973, 1st August, 1979, 31st October, 1979, 21st April, 1980, 8th September, 1983, 17th September, 1984, 5th January, 1987, 10th April, 1989, 29th June, 1990, 16th July, 1991, 29th October, 1993, 14th February, 1995, 14th December, 1996 and 28th November, 1997 shall continue to govern the service conditions of the workmen except to the 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 workmen of those banks (hereinafter referred to as the said separate settlements).

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

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

4. Scales of Pay

In supersession of Clause 4 of Bipartite Settlement dated 14th February, 1995 and Clause 1 of Bipartite Settlement dated 14th December 1996, with effect from 1st November, 1997 the scales of pay shall be as under:-

Clerical Staff

3020

135

3425

225

4100

320

5380

340

6400

380

3

3

4

3

4

7920

680

8600

380

8980

( 20 YEARS )

1

1



Subordinate Staff

2750

55

2860

75

3010

90

3190

110

3520

130

2

2

2

3

4

4040

150

4490

170

5000

( 20 YEARS )

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(a) of Bipartite Settlement dated 14th February, 1995, both clerical and subordinate staff shall be eligible for five stagnation increments with effect from 1st November, 1997 at the rates and frequencies as stated hereunder :-

The clerical and the subordinate staff on reaching the maximum in their respective scales of pay shall draw FIVE stagnation increments at the rate of Rs.380/= and Rs.170/= each, due under this Settlement, and at frequencies of three years and two years respectively, from the dates of reaching the maximum of their scales as aforesaid.

Provided that a clerical / subordinate staff already in receipt of four stagnation increments shall be eligible for the fifth stagnation increment on 1st November, 1999 or 3/2 years respectively after receiving the fourth stagnation increment whichever is later. In respect of employees who had received their fourth stagnation increment on or after 1st November, 1996 but before 1st November, 1997, the fifth stagnation increment shall be released on and from 1st November, 1999.

Provided further that an employee who has on or after 1.11.1997 but on or before the
date of this Settlement received the 4th Stagnation Increment in terms of the provisions
of the Sixth Bipartite Settlement dated 14th February, 1995 would have the date of
release of this increment notionally preponed in terms of this Settlement and his Fifth
Stagnation Increment released accordingly. There shall however be no payment of any
arrears of pay and allowances on account of such preponement.

6. Definition of ‘Pay’

(i) Allowances hitherto termed as Special Allowance, Graduation Allowance, Professional Qualification Allowance and Officiating Allowance which are in the nature of ‘pay’, attracting Dearness Allowance and ranking for superannuation benefits shall henceforth be termed as Special Pay, Graduation Pay, Professional Qualification Pay and Officiating Pay, respectively.

(ii) In supersession of Clause 12 of the Bipartite Settlement dated 14th February, 1995 and Clause I of the Bipartite Settlement dated 14th December, 1996 ‘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 :

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

(ii) For workmen who were in service in Area I as on 31st December, 1969, and entitled to receive CCA, only that amount of CCA which would have been payable to him as per the terms and conditions as applicable then, shall rank for Provident Fund to the extent of 50% subject to a maximum of Rs.30/- p.m.

7. Dearness Allowance

In substitution of Clause 6 of Bipartite Settlement dated 14th February 1995 with effect from 1st November, 1997 the dearness allowance shall be payable as per the following rates : -

(i)
Subordinate Staff
0.24% of `pay'

(ii)
Clerical Staff
a) 0.24% of `pay' upto Rs.7100/- plus

b) 0.20% of `pay' above Rs.7100/- and

upto Rs.11,300/- plus

c) 0.12% of `pay' above Rs.11,300/-

Note
(a)

Dearness Allowance in the above manner shall be paid for every rise or fall of 4 points over 1684 points in the quarterly average of the All India Average Working Class Consumer Price Index (General) Base 1960 = 100.

(b)

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

(c)

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.

(d)

All other existing provisions relating to Dearness Allowance Scheme shall remain unchanged.

8. City Compensatory Allowance

In substitution of Clause 7 of the Bipartite Settlement dated 14th February, 1995, with effect from 1st November, 1999 the City Compensatory Allowance shall be payable as per the following rates :

(a). Clerical Staff

(i) At the higher CCA Centres including the State of Goa 4% of Basic Pay
Minimum Rs.125/- p.m.

Maximum Rs.250/- p.m.

(ii) At the lower CCA Centres i.e. places with population of 5 lakhs and over, State Capitals, Chandigarh, Pondicherry and Port Blair. 3% of Basic Pay
Minimum Rs.100/- p.m.

Maximum Rs.200/- p.m.

(b). Subordinate Staff

(i) At the higher CCA Centres including the State of Goa 4% of Basic Pay
Maximum Rs.175/- p.m.

(ii) At the lower CCA Centres i.e. places with population of 5 lakhs and over, State Capitals, Chandigarh, Pondicherry and Port Blair. 3% of Basic Pay
Maximum Rs.125/- p.m.

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

9. House Rent Allowance

In substitution of Clause 8 of the Bipartite Settlement dated 14th February, 1995, with effect from 1st November, 1999 the house rent allowance payable shall be as under:

AREA

Rate as percentage of Pay No Minimum/No Maximum

(i) Places with population of more than 12 lakhs
8.5

(ii) Places with population of 2 lakhs and over [other than places in (i) above] and State Capitals and Capitals of Union Territories.
7.5

(iii) Places with population below 2 lakhs.
6.5

Note

(1)
Where quarters are provided, HRA shall not be payable, and the rent to be recovered shall be 2.5% 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 9 of the Bipartite Settlement dated 14th February, 1995 and Clause 2 of the Bipartite Settlement dated 14th December, 1996 the nomenclature of "Conveyance Allowance" shall be termed as "Transport Allowance" and the same shall be paid @ Rs.65/= per month with effect from 1st November, 1999.

Note :

(i) All permanent part time employees including those on probation drawing scale wages shall be paid transport allowance on pro-rata 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

In supersession of Clause 10 of the Bipartite Settlement dated 14th February, 1995, with effect from 1st April, 1998 :

(i) The Special Pay, Graduation Pay and Professional Qualification Pay payable to the clerical staff and the Special Pay payable to the subordinate staff in banks other than State Bank of India, shall be as mentioned in Schedule II to this Settlement.

(ii) The Special Pay, Graduation Pay and Professional Qualification Pay as mentioned in Schedule II shall rank for superannuation benefits.

(iii) The duties for those drawing Special Pay in banks other than State Bank of India, shall be as set out in Schedule III to the Bipartite Settlement dated 17th September, 1984 and 14th February, 1995. In all other respects, the General Rules and Provisions contained in Chapter V of the Bipartite Settlement dated 19th October, 1966 as modified from time to time shall continue to apply.

(iv) The rates and duties of Special Pay carrying posts for workmen staff in State Bank of India may be reviewed and settled at the bank level keeping in view the overall relativity in respect of Special Pay revised under this settlement.

12. Hill and Fuel Allowance

In partial modification of Clause 15(a) of the Bipartite Settlement dated 10th April, 1989 and Clause 13 of the Bipartite Settlement dated 14th February, 1995, the Hill and Fuel Allowance shall be payable at the following rates with effect from 1st November, 1999 :

(i) At places situated at a height of
3000 metres and above : 10% of pay
(Max. Rs.750/-)

(ii) At places situated at a height of
and over 1500 metres but
below 3000 metres : 5% of pay
(Max. Rs.260/-)

(iii) At places situated at a height of
over 1000 metres but less than
1500 metres and Mercara Town : 4% of pay
(Max. Rs.220/-)

Note : All other existing provisions shall remain unchanged.

13. Fixed Personal Pay

The nomenclature of Fixed Personal Allowance shall be henceforth termed as Fixed Personal Pay. In partial modification of Clause XIV of the Bipartite Settlement dated 29th October, 1993 and Clause 11 of the Bipartite Settlement dated 14th February, 1995, the Fixed Personal Pay shall be revised with effect from 1st November, 1999 as per Schedule III. There shall be no shifting in the date/s of release of Graduation Pay / Professional Qualification Pay on account of payment of Fixed Personal Pay in the same year.

Provided that in respect of an employee who on account of the provisions of Clause XI of Bipartite Settlement dated 14th February, 1995 had his Graduation Allowance and / or Professional Qualification Allowance shifted by a year and where such Graduation Pay / Professional Qualification Pay is due for release on a day subsequent to 1st November, 1999 then such Graduation Pay / Professional Qualification Pay shall be released to him on 1.11.1999 and subsequent release of Graduation Pay / Professional Qualification Pay, at annual intervals of one year shall be with reference to 1.11.1999.

14. Payment of Overtime Allowance

The overtime allowance paid to the employees for the overtime work performed uptil 31st March 2000 shall not be recalculated on account of this Settlement.

15. Provident Fund

In supersession of Clause 15 of the Bipartite Settlement dated 14th February, 1995, the rate of Provident Fund shall be revised as under :-

i) 10% of 85% of Pay from 1-4-1998 to 31-10-1999

ii) 10% of full Pay from 1-11-1999 onwards.

16. Pension

In relation to an employee who retires or dies while in service on or after the 1st day of April, 1998 ‘Pay’ for the purpose of Pension shall be the aggregate of the pay drawn by the member of the award staff in terms of the Sixth Bipartite Settlement dated 14th February, 1995 and the dearness allowance thereon calculated upto index number 1616 points in the All India Average Consumer Price Index for Industrial Workers in the series 1960 = 100. This shall be subject to the necessary amendments to be made to the relevant provisions of Bank (Employees’) Pension Regulations, 1995.

17. Medical Aid

In substitution of Clause 16 of the Bipartite Settlement dated 14th February, 1995, with effect from 1st November, 1999, the reimbursement of medical expenses under medical aid scheme shall be restricted to an amount of :

I. Rs.1000/= per annum for workmen with service upto 5 years till the completion of 5th year

II. Rs.1200/= per annum for workmen who have completed 5 years of service and above.

For the year 1999, the reimbursement of medical expenses under the medical aid scheme shall be enhanced proportionately for two months i.e. November and December, 1999.

18. Hospitalisation

In substitution of Clause 17 of the Bipartite Settlement dated 14th February, 1995, with effect from 1st November, 1999, the reimbursement of hospitalisation expenses shall be as agreed hereunder :

(i) The rates and ceilings indicated under Schedule V of the Bipartite Settlement dated 14th February, 1995 shall stand enhanced by 20%.

(ii) The following diseases shall also become eligible for domiciliary treatment :-
     Hepatitis - B, Haemophilia and Myaestheniagravi

19. Reimbursement of Expenses on Road Travel

In substitution of Clause 18 of the Bipartite Settlement dated 14th February, 1995, with effect from the date of this Settlement where an employee has to travel on duty/leave fare concession between two places not connected or partly connected by rail or steamer he shall be reimbursed actual road mileage costs or @ Rs.1.20 per km., whichever is less.

20. Part Time Employees

(i) In partial modification of Clause I of the Bipartite Settlement dated 28th November, 1997, with effect from 1st November, 1997, Part Time employees whose normal working hours per week are as given below shall be paid consolidated wages as under :

(a) Upto 3 hours : at bank’s discretion with a minimum of Rs.450/- p.m.

      (b) More than 3 hours at bank’s discretion with a minimum of but less Rs.740/- p.m.
          than 6 hours:

(ii) In partial modification of Clause 18.2 of the Bipartite Settlement dated 10th April, 1989, with effect from 1st November, 1999, Part Time employees drawing scale wages shall also be eligible for reimbursement of Hospitalisation Expenses on pro-rata basis.

21. Washing Allowance

In partial modification of Clause 9 of the Bipartite Settlement dated 10th April, 1989, with effect from 1st November, 1999, washing allowance shall be payable @ Rs.50/- p.m.

22. Cycle Allowance

In supersession of Clause 1 of Bipartite Settlement dated 16th July, 1991 with effect from 1st April, 2000, cycle allowance shall be payable to members of the subordinate staff who are required to use a cycle on regular assignment for outdoor duties at the following rates :-

Mumbai, Calcutta, Chennai, Delhi - Rs.45/- p.m.
All other places - Rs.35/- p.m.

23. Halting Allowance

In modification of Clause 14 of the Bipartite Settlement dated 14th February, 1995, with effect from the date of this Settlement, halting allowance shall be payable at the following rates for the days spent on duty outside the headquarters :-

Higher Lower Non

CCA CCA CCA

Centres Centres Centres

Clerical Staff

Rs.190 Rs.145 Rs.125

Per diem Per diem Per diem

Subordinate Staff

Rs.150 Rs.100 Rs.80

Per diem Per diem Per diem

24. Split Duty Allowance

In partial modification of Clause 4 of the Bipartite Settlement dated 28th November, 1997 with effect from 1st April, 2000, split duty allowance shall be payable as under :-

At C.C.A. Centres - Rs.75/- p.m.

At Non - C.C.A. Centres - Rs.60/- p.m.

25. Privilege Leave

The following proviso may be added to Clause V (i) of Bipartite Settlement dated 8th November, 1973 :-

Provided that fraction of a day of earned leave, if any, shall be taken as a full day.

The above provision will apply for crediting privilege leave from the Calendar Year 2001

26. Maternity Leave

The earlier provisions relating to maternity leave as in Clause 13.37 and Clause 13.38 of Bipartite Settlement dated 19th October, 1966 shall be substituted by the following :

(a) Maternity leave, which shall be on substantive pay, shall be granted to a female employee for a period not exceeding 6 months on any one occasion and 12 months during the entire period of her service.

(b) Within the overall period of 12 months, leave may also be granted in case of miscarriage/abortion/MTP.

(c) Leave may also be granted once during service to a childless female employee for legally adopting a child who is below one year of age for a maximum period of two months or till the child reaches the age of one year, whichever is earlier subject to the following terms and conditions :-

(i) Leave will be granted for adoption of only one child.

(ii) The adoption of a child should be through a proper legal process and the employee should produce the adoption-deed to the Bank for sanctioning such leave.

(iii) The temporary and part-time employees are not eligible for grant of leave for adoption of a child.

27. Sick Leave

In partial modification of Para IX (3) of Bipartite Settlement dated 17th September, 1984, the following provisions shall apply with effect from the date of this Settlement.

‘Casual leave not availed by an employee in a Calendar Year shall be converted into Sick Leave on full substantive pay and such leave shall be over and above the maximum period provided in Para IX Sub-Paras (1) and (2) of Bipartite Settlement dated 17-9-1984.

Such leave not exceeding a day if availed on grounds of sickness, shall be allowed without production of medical certificate.

28. Compensation on Transfer

In supersession of Clause 5 of Bipartite Settlement dated 28th November, 1997 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.600/-
Subordinate Staff Rs.400/-

(b) Where no receipts/statement of loss are produced a lumpsum payment of -

Clerical Staff Rs.400/-
Subordinate Staff Rs.300/-

29. Paradip Port Town Allowance

In supersession of Clause 7 of the Bipartite Settlement dated 28th November, 1997 employees posted and working in branches situated in Paradip Port Town shall be paid with effect from 1st November, 1999 Paradip Port Town Allowance @ 5% of Basic Pay.

30. Computerisation & Mechanisation

Given the environment of competition in the banking industry gaining momentum day by day, it is imperative that the banks are well equipped with state of art technology to enhance customer satisfaction which in turn enhances efficiency and productivity. With the above in view, it is agreed between the parties to amend / modify the Computerisation Settlement dated 29th October, 1993 to the extent as stated herein under :

(a) Banks may computerise 70% of their business. They may, in their discretion, computerise partly or fully, operations in branches and administrative offices irrespective of their location / classification and number of vouchers obtaining thereat. Determination of ‘business’ for this purpose shall be as per RBI guidelines issued from time to time.

(b) Staff rendered surplus due to computerisation will be deployed suitably in vacancies as per the provisions of this Settlement.

(c) A Standing Committee comprising representatives of the management of the bank and the workmen union will monitor and oversee the operations of computerisation/mechanisation so as to ensure strict adherence to the terms and conditions of this Settlement.

31. Business Hours

In supersession of clause 22(b) of the Bipartite Settlement dated 10th April, 1989, it is agreed that it is the managements’ prerogative to introduce extended business hours, shift system in branches and seven day banking modules depending upon the business potential, the needs and aspirations of the customers. etc. without affecting the total working hours of employees subject to statutory provisions of Shops and Establishments Act, wherever applicable.

32. Deployment of Staff

It is generally perceived that there is scope for redeployment of staff in banking industry. There are pockets of surplus / deficit in areas of operation in different centres in different banks. It is desirable that these imbalances in deployment of staff are corrected. As it will not be possible / practicable to arrive at a uniform policy in this regard, having regard to the situation varying from bank to bank, the parties hereby agree that the matter be resolved at the level of each bank. Bank level agreements, if any, as of now may require appropriate amendments which shall be mutually settled.

33. Voluntary Cessation of Employment

Clause 17 of the Fifth Bipartite Settlement dated 10th April, 1989, shall stand deleted.

34. Special provision for State Bank of India

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

34. Special provision for State Bank of India Special compensatory provisions in respect of State Bank of India may be reviewed and settled at bank level.

35.Implementation

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

1. Scales of Pay, Dearness Allowance and consolidated wages to part time 1-11-1997 employees working for less than 6 hours per week.

2. Provident Fund on 85% of Pay, Pension, Special Pay, Graduation Pay 1-4-1998 and Professional Qualification Pay

3. Provident Fund on entire Pay, Gratuity, House Rent Allowance, City Compensatory Allowance, Washing Allowance, Hill & Fuel 1-11-1999 Allowance, Transport Allowance, Annual Medical Aid, Hospitalisation Expenses, Fixed Personal Pay, Paradip Port Town Allowance and Fifth Stagnation Increment

4. Halting Allowance and all other items agreed to but not Date of covered by the above Clauses. Settlement.

5. Split Duty Allowance, Cycle Allowance and Overtime Allowance 1-4-2000 It is clarified that while calculating the arrears for the period of the Settlement uptil 31-10-1999, if the net difference between the existing total emoluments and the revised total emoluments after Provident Fund deduction is negative, the same shall be ignored.

b) From 1.11.1999, if the revised total monthly emoluments of an employee after deducting Provident Fund fall short of the existing total monthly emoluments after deducting Provident Fund, the difference shall be paid by way of a Temporary Adjusting Allowance which shall be adjusted to the extent of any net increase in basic pay, fixed personal pay, dearness allowance or any other allowance or a monthly benefit of any other type till it gets fully wiped off.

(c) With regard to the 3 weak banks viz. Indian Bank, United Bank of India and UCO Bank, if the management of these banks find it difficult to make payment of arrears, they may discuss with  the Unions in their respective banks and reschedule amicably.

36.
(a) This Settlement is entered into between the parties concerned taking due
       note of the proceedings in relation to this Settlement filed and pending as
       on date before the Hon'ble Calcutta High Court and the Hon'ble Mumbai
          High Court.

(b)This Settlement is subject to and will abide by the result of the said proceedings
      and the orders, if any, which may be passed therein.

37.Date of Effect and Operation

(i) This Settlement shall be binding on the parties for five years from 1st November,
     1997. Six months before the Settlement expires, the Unions may submit their
     charter of demands to the IBA. The negotiations will commence before the
     last three months of the expiry of the Settlement.

(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 raise any demand
     of any nature whatsoever on any of the banks in respect of matters 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.

38. 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 and 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.