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Dated 22nd Nov. 06

HRD CIRCULAR NO. 361

TO ALL OFFICES
HRD DIVISION CIRCULAR NO.361 POSTING OF COMPUTER OPERATOR CATEGORY-C IN RURAL BRANCHES The issue with regard to a single clerk posted in a rural branch undertaking a job of Head Cashier as well as that of Computer Operator simultaneously has been discussed and resolved with All India PNB Employees Federation, representing the Majority Workman Employees of the bank by a Settlement dated 22.11.2006 during the course of conciliation proceeding before Regional Labour Commissioner(C) Delhi u/s 12(3) of the Industrial Disputes Act, 1947. A copy of Settlement dated 22.11.2006 arrived at during the course of conciliation proceeding is enclosed. 2. The salient features of the enclosed Settlement are as under: That a clerical employee working in a rural branch where one officer (in any scale/grade) and one clerical employee is working shall automatically stand designated as Computer Operator Category-C w.e.f 22.11.2006.

Such single clerk shall undertake the job profile prescribed for H/C Category-I as well as that of Computer Operator Category-B in the Settlement dated 23.5.2006 and 1.9.2005 respectively as amended from time to time and in lieu thereof he shall be entitled for a payment of Special Pay of Rs.1500/- per month from the date of the Settlement. The post of Computer Operator Category-C is being introduced as an interim measure till another staff is posted in rural branches. Further, the post of Computer Operator Category-C shall automatically cease to exist as soon as any

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of the terms and conditions specified in Para 1.1 of the Settlement dated 22.11.2006 cease to exist and consequently such clerical employee, who was earlier designated as Computer Operator Category-C shall cease to draw a Special Pay of Rs.1500/- per month from such date and shall stand redesignated automatically to the designation which he or she was occupying prior to his or her post as Computer Operator Category-C.

DY. GENERAL MANAGER

FORM `H
(SEE RULE 58) MEMORANDUM OF SETTLEMENT ARRIVED AT BETWEEN THE MANAGEMENT OF PUNJAB NATIONAL BANK AND ALL INDIA PNB EMPLOYEES FEDERATION UNDER SECTION 12(3) OF INDUSTRIAL DISPUTES ACT, 1947 BEFORE SMT. NAINA BAKSHI, REGIONAL LABOUR COMMISSIONER (CENTRAL), NEW DELHI ON 22.11.2006 REGARDING POLICY AND PROCEDURE FOR INTRODUCTION AND POSTING OF COMPUTER OPERATOR CATEGORY-C, THEIR JOB PROFILE AND OTHER RELATED MATTERS. NAME OF THE PARTIES
REPRESENTING EMPLOYER S/SHRI REPRESENTING BANK REPRESENTING EMPLOYEES S/SHRI

PRESENT
REPRESENTING AIPNBEF

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SH.B.P.SHARMA DY. GENERAL MANAGER SH.MALVINDER SINGH CHIEF MANAGER SMT.RAJSHRI TALPATRA Sr. MANAGER SH.RAJESH GAUTAM Sr. MANAGER SH.MANOJ RAY SR.MANAGER-HRD

SH.P.N.TIWARI PRESIDENT SH. M.L.BAGGA VICE PRESIDENT SH. S.P.LAMBA VICE PRESIDENT SH. A.K.ANDREWS VICE PRESIDENT SH.P.R.MEHTA GENERAL SECRETARY SH.B.K.MISHRA ASSTT. SECRETARY SH. SAMEER SARKAR ASSTT. SECRETARY SH. S.K.GHOSH ASSTT. SECRETARY

SHORT RECITAL A Memorandum of Settlement dated 1.9.2005 was arrived at between the Management of Punjab National Bank (herein after referred to as `Management) and All India PNB Employees Federation (herein after referred to as ` Employees Federation) regarding posting of Computer Operator Category A & B and other related matters. WHEREAS Memorandum of Settlement dated 23.5.2006 was signed between the Management and the Employees Federation relating to Posting of Head Cashiers and other related matters. AND WHEREAS the Employees Federation has raised an Industrial Dispute vide their letter dated 14.11.2006 alleging therein that the Management in violation of the above Settlements dated 1.9.2005 and 23.5.2006, wherein the Job Profile for Computer Operators and Head Cashiers have been agreed upon between the parties, is advising those clerical employees, who are posted in rural branches, where no other clerical employee has been posted, to undertake the job profile of Computer Operator as well as the Head Cashier whereas a perusal of the Job Profiles agreed upon between the parties, in the above Settlements, would show that the said Job Profiles are mutually exclusive of each other and an employee can not be asked to undertake the job of both the categories. AND WHEREAS the Management has submitted its reply dated 16.11.2006, in response to the notice dated 14.11.2006 issued by the Conciliation Officer wherein the

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Management has submitted that the Settlement dated 1.9.2005 and 23.5.2006 are not in supercession of the Settlements signed at Industry Level from time to time but the said two Settlements are essentially to provide for the finer aspect of procedure for posting on post carrying special pay, which have always been done at the bank level, which is well known to the Employees Federation. The Management has further submitted that in terms of Para 5.5 of the Settlement dated 19.10.1966 (Ist BPS signed at Industry Level), an employee can be asked to undertake the job profile prescribed for two posts carrying special pay and in such circumstances, he shall be entitled to receive special pay at the higher rate applicable to him. Accordingly, the Management submitted that the stand, which has been taken by the Employees Federation, is too technical. However, the Management requested the Conciliation Officer to intervene in the matter and resolve the dispute amicably and on the terms and condition acceptable to both the parties. The Conciliation Proceedings were held on various dates and finally on 22.11.2006. Both the parties submitted their suggestions and counter suggestions. After prolonged and protracted discussion with the parties and suggestions given by RLC (C), New Delhi, the parties agreed to resolve the issue having regard to shortage of staff in rural area and where present business does not warrant posting of enhancement of staff on the following terms:TERMS OF SETTLEMENT 1. INTRODUCTION OF POST OF COMPUTER OPERATOR CATEGORYC AND PAYMENT OF SPECIAL PAY 1.1 That in those Rural branches where one officer (in any scale/grade) and one employee in clerical cadre have been working, in such branches clerical employee will automatically stand designated as Computer Operator Category-C. That such single clerical employee posted in a branch, referred to in Para 1.1 above, will automatically stand designated as Computer Operator Category-C and shall be entitled to Special Pay of Rs.1500/- per month from the date of this Settlement.

1.2

2.

JOB PROFILE OF COMPUTER OPERATOR CATEGORY-C That the clerical employees who would automatically stand designated as Computer Operator Category-C in terms of this Settlement shall undertake the job profile prescribed for Head Cashier Category-I as well as that of Computer

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Operator Category-B in Settlements dated 1.9.2005 and 23.5.2006 respectively as amended from time to time. 3. OTHER TERMS AND CONDITIONS: 3.1 That the post of Computer Operator Category-C is being introduced as an interim measure till another staff is posted in rural branches where this new category of Computer Operator Category-C with combined job profile of Head Cashier-I & Computer Operator Category-B is introduced. That the post of Computer Operator Category-C shall automatically cease to exist as soon as any of the terms and conditions specified in Para 1.1 of this Settlement cease to exist at the branch and consequently a clerical employee earlier designated as Computer Operator Category-C shall cease to draw a special pay payable to Computer Operator Category-C from such date and shall stand redesignated automatically to the designation which he or she was occupying prior to his posting as Computer Operator Category-C in terms of this Settlement. That for implementation of the provisions contained Para 3.2 above, it is specifically agreed, that there shall not be any necessity of issuance of any individual notice to any employee and such action shall be treated in accordance with the provisions of this Settlement.

3.2

3.3

4.

PERIOD OF OPERATION OF SETTLEMENT:

That the Settlement shall come in to existence from the date of signing of the Settlement and shall be binding on the parties for a period of three years and shall continue to be binding even thereafter until either party gives a notice of three months in writing of intention to terminate this Settlement. 5. INTERPRETATIONS SETTLEMENT: AND IMPLEMENTATION OF THE

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5.1

If any doubt or difficulty arises regarding interpretation and implementation of any provision of this settlement, the matter shall be taken up only at the level of Punjab National Bank, HRD Division, Head Office, New Delhi and All India PNB Employees Federation for discussion and settlement. That both the parties agrees to submit separately a report of implementation of the settlement so as to reach Regional Labour Commissioner ( C ) latest by 31.12.2006 failing which it shall be presumed that the settlement stands fully implemented.

5.2

Signed between the parties on 22nd November, 06 at New Delhi.


FOR PUNJAB BANK (B.P.SHARMA) DGM HR (MALVINDER SINGH) CHIEF MANAGER-HR NATIONAL FOR ALL INDIA PNB EMPLOYEES FEDERATION (P.N.TIWARI) PRESIDENT AIPNBEF (P.R.MEHTA) GENERAL SECRETARY -AIPNBEF WITNESS (RAJSHRI TALPATRA) SR.MANAGER ( M. L. BAGGA) VICE PRESIDENT AIPNBEF

(RAJESH GAUTAM) SR.MANAGER HR (MANOJ RAY) SR.MANAGER

(A.K.ANDREWS) VICE PRESIDENT-AIPNBEF (SAMEER SARKAR) ASSTT.SECRETARY-AIPNBEF S d r

HR

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(NAINA BAKSHI) REGIONAL LABOUR COMMISSIONER ( C ) NEW DELHI


F.NO. ND/7(12)/2006-PA

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