TRIPARTITE AGREEMENT
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TRIPARTITE AGREEMENT BETWEEN THE GOVERNMENT OF NCT OF
DELHI, DELHI VIDYUT BOARD AND JOINT ACTION COMMITTEE OF
WORKERS, SUPERVISORS, ENGINEERS AND OFFICERS OF DVB.

 
TRIPARTITE AGREEMENT
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This tripartite agreement entered into on this 28th day of October, 2000 between the Government of NCT of Delhi represented by Principal Secretary (Power) to Govt. of NCT of Delhi (here in after called the "GNCT of Delhi") on the first part.

 
AND
 
The Delhi Vidyut Board constituted under section of the Electricity (Supply) Act. 1948 (hereinafter called "The Board" which expression shall unless repugnant to the context or meaning thereof include its successors and assigns on the second part) through Sh. Jagdish Sagar, Chairman, DVB.
 
TRIPARTITE AGREEMENT
... ...
AND
 

The Delhi Vidyut Board Joint Action Committee which consists of Delhi State Electricity Workers Union Recog.) DESU Engineers (Association. (Recog.), DVB Generation Engineers and Supervisors Association (Recog.), DVB Officers Association (Recog.), DVB Sub-Station Technical Staff Association (Regd.) and DVB Technical Employees Association (Regd.) and representing workers, supervisors, engineers and officers of Delhi Vidyut Board (here in after called joint Action Committee on the third part) through its Convener Sh. Heera Lal Sharma and representatives and office bearers of constituent associations:-

 
1)

Whereas the Government of NCT of Delhi declared its policy to restructure of Delhi Vidyut Board for the purpose of restoring the operational and financial viability to meet the future demand for sufficient supply of energy.

   
2) Whereas the employees of the DVB are apprehensive that on restructuring of the DVB the employees shall be retrenched and/or their service conditions adversely affected therefore, to allay those fears the parties herein, namely the employees of DVB (through the JAC), management of DVB and the Govt. of NCT of Delhi, mutually agree to lay down and accept the conditions laid herein to achieve the objective of smooth Implementation of the policy of reorganization and reorganization by the DVB.
   
3)

Now, therefore, in consideration of the promises and mutual conditions set forth herein, it is agreed that in the event of reorganization of DVB into two or more corporate entities and disinvestment of any such entities of GNCT of Delhi and the DVB hereby guarantee as follows:

   
a) There will be no retrenchment of present employees on account of being declared surplus or an account of restructuring of DVB and their status/service conditions will not change.
B)

The terms and conditions of service upon transfer to the corporate entities, such as promotions, transfers, leave and other allowances, etc regulated by existing regulations/service rules e.g. FR/SR will be guaranteed to continue the same and any modifications shall be by mutual negotiations and settlement with recognised unions/associations without decrement to the existing benefits.

C)

With regard to wage negotiations, the present system of bipartite negotiations shall continue.

D)

The Government shall create a Pension Fund in the form of a trust and the pensionary benefits of absorbed employees shall be paid out of such Pension fund.

 

1)

The Principal Secretary (Power) of the GNCT of Delhi shall be the Chairperson of the Board of Trustees which shall include representatives of the Departments of finance, personnel, labour, the employees and exports in the relevant field to be nominated.

2)

The procedure and the manner in which pensionary benefits are to be sanctioned and disbursed from the Pension Fund shall be determined by the Government on recommendation of the Board of Trustees.

3)

The Government/DVB shall discharge their pensionary liability by paying in lump sum a onetime payment to the Pension Fund Trust the pension or service gratuity and retirement gratuity for the service rendered till the date of transfer on the DVB employees in the successor entities.

4)

The manner of sharing the financial liability on account of payment of pensionary benefits by the successor entities shall be determined by the Government.

5)

The arrangements hereunder shall be applicable to the existing pensioners and to the existing employees on their superannuation in the new entities and shall not apply to the employees directly recruited by the new entities for whom it shall devise its own pension scheme and make arrangements for funding and disbursing the pensionary benefits.

6)

The balance of provident fund standing at the credit of the absorbed employees on the date of their absorption in the new entities shall, be transferred to the new provident fund Account of the employees to be re-maintained and operated by the Trust.

E)

All the existing welfare measures like the scheme for compassionate appointment and medical reimbursement etc., shall be continued.

F)

All benefits of the services rendered by the employees in the Board as on the date of restructuring i.e. the effective date shall be protected and shall be given full effect.

G)

The period of the service of the employees under the Board and under the Corporate entity shall be treated as continuous service for the purposes of all service benefits and terminal benefits payable to the personnel.

H)

The existing welfare benefits to the retired employees shall continue. All obligations in respect of payment of pension, retirement benefits including provident fund, superannuation pension, encashment of leave, gratuity, LTC, Electricity Concession, Medical benefits, DA and benefits available to the present SC, ST, OBC and other employees, who have retired and-who-are going to retire from the services of the Board before the date of restructuring of DVB shall be the responsibility of the Corporate entities and the Trust and guaranteed by the Government of NCT of Delhi.

I)

The Government and the successor entities of the DVB shall follow transparent procedures in accordance with law in regard to the assets and liabilities of DVB.

J)

All the existing agreements/ settlements and liabilities shall be honoured by the successor entities to the Board and the workmen represented by the recognized union and the associations.

K)

In the event of formation of two or more corporate entities all the existing employees will be absorbed in these corporate entities, which would be the successor bodies to the Board.

L)

The employees transferred to the service of the corporate entities shall be deemed to have entered into an agreement/settlement with the corporate entities to fulfill the obligations assumed by them with the Board including in respect of repayment of loans, advances and other sums due which remain outstanding from the employees on the effective date.

M)

All disciplinary proceeding pending at the time of restructuring shall be dealt with by the successor entities (All disciplinary cases already finalized and punishments) awarded by the Board shall not be reopened.

N)

The existing work norms shall continue in the corporate entities. Any change there in shall be brought about through negotiations / settlements between the recognised union/Associations and management.

O)

While formulating the transfer scheme, the career prospects of the employees working in 66 KV and 33d KV Sub-Stations and other employees shall be taken Into consideration.

P)

Government may consider the request of the recognised union for the appointment of a worker's representative on the Board of Directors of the Corporate entities wholly at the discretion of the Government, Such representative, (if so decided) shall have the experience in industrial relations and contributed in maintaining industrial peace and improvement in consumer service.

Q)

An ad-hoc payment of Rs. 500/- per month will be paid to each of the employee on transfer to the new corporate entities which will be adjusted against any future pay revision.

R)

In the event of any dispute/difference arising out of this Tripartite Agreement efforts will be made to resolve amicably or through the Lt. Governor (Delhi) as an arbitrator or his nominee as appointed by him. Courts at Delhi/New Delhi shall have the Jurlsdlction in the event of any Iligation.

S)

The Tripartite Agreement entered herein shall be duly notified.

 

TRIPARTITE AGREEMENT
... ... ...

For and on behalf of the
Government of NCT of Delhi.

     
     

(SHRI ASHOK PRADHAN)
Pr. Secretary (Power)
Govt. of NCT of Delhi.
(First Party)

(SHRI JAGDISH SAGAR)
Chairman, DVB
(Second Party)

1. (SHRI HIRA LAL SHARMA)
Convenor JAC & Genl. Secy.,
Delhi State Electricity
Workers Union

     

2. (SHRI D.K. PURI)
Genl. Secy. DESU Engineers
Association

     

3. (SHRI B.K. SHARMA)
Genl. Secy. DVB Generation
Engineers and Supervisors
Association

     

4. (SHRI D.K. SAINI)
Genl. Secy. DVB Officers
Association

     

5. (SHRI SUKHDEV SHARMA)
President, D.V.B. Sub-Station
Technical Staff Association

     

6. (SHRI R.K. VARSHNEY)
Genl. Secy., DVB Technical
Employees Association