PERMANENT ARBITRATION TRIBUNAL
RN131
AWARD
A. INTRODUCTION
In the matter of the industrial dispute between:
The Local Authorities Employees' Union on behalf of the Employees of the Municipality of Vacoas-Phoenix who are members of the Union
and
The Municipality of Vacoas-Phoenix
The Tribunal, composed of:
Mr. H. Balgobin - Vice President
Mr. S. Collendavelloo - Member
Prof. S. Jugessur - Member
proceeded to enquire into the following industrial dispute referred to it by the Minister in charge of Industrial Relations in accordance with the provisions of S.82(1)(f) of the Industrial Relations Act, 1973, viz:
1. Whether carpenters and masons who replace the Foreman Inspector of Works should be paid an allowance whenever they replace the latter, or otherwise.
2.(a) Whether all carpenters and masons completing sixteen years' service should be paid their top salaries as the Sidambaram scale is a 13 points one, or otherwise.
(b) Whether Mr. T. Gengen, driver, who has completed 15 years' service should be paid his top salary, or otherwise.
3. Whether Mr. Karl Manon should be paid a responsibility allowance of Rs 200 per month instead of Rs 50 as paid now for all additional duties he is performing, or otherwise.
4. Whether Mr. Rashid Hosany, Health Inspector should be paid an allowance for the period 1966 to 1978, while he was acting as prosecutor, or otherwise.
5. Whether Mr. Siven Nasapen, Health Inspector should be allowed to pass his proficiency bar on his. salary scale as agreed by Council in 1979, or otherwise.
6. Whether Mr. Nanapragassen; Income Clerk in the Town Treasurer's Department, should be appointed Higher Clerical Officer as agreed by Council in 1979, or otherwise;
7. Whether the time of service of Mr. Amba Setchaye, Messenger, should for the purposes of pension rights be computed as from the time he acted as casual messenger instead of the date of his confirmation as messenger, or otherwise;
8. Whether casual messenger Jaylall Mutty should be confirmed to his post and this since 1972, or otherwise;
9. Whether Mr. P. Seereekissoon should be appointed as Clerical Assistant as per Ministerial letter MLG/I09 dated 7th October, 1977, or otherwise;
10. Whether Mr. C. Pillay and Mr. Joseph Brelu Brelu should be appointed as Foreman/Junior Inspector of Works as agreed by Joint Council Meeting of 10.10.80, or otherwise;
11. Whether Nr. France Nanapragassen should be the only substitute mayor's driver whenever the substantive holder of the post is on leave, or otherwise;
12. Whether Mr. Bastien Nanapragassen, the official Mayor's driver should be the only one to drive the Mayor's car whenever the car is in use even after normal office hours and whether he should be entitled to any overtime, or otherwise;
13. Whether the principle of full pay while on scholarship and on study leave granted to most employees so far should be extended equally to:
(a) Mr. Premchandsingh Balla, Senior Market Inspector who was on French Scholarship
from 1979/1930;
(b) Mr. Ishwardut Topsy, Town Librarian who was on a UNESCO Scholarship completing an M.A. degree in Britain in 1978/79, or otherwise;
14. Whether Mr. Aboo Swaley Calloo, the Town Surveyor should be paid on the same salary scale as the Town Surveyor of Curepipe i.e. Rs 2,300 - Rs -3,100 p.m. in as much as both have the same qualifications and perform the same duties, or otherwise;
15. Whether Mrs. Raymonde Sit Yee and Mr. Goolam Hossen, Assistant Internal Auditors should be paid on the same salary as their counterpart in the Municipality of Beau Bassin/Rose Hill, or otherwise;
16. Whether Mr. Sokalingum Sobran, relief in Market and Cemetery Inspector since 1970 should be paid as a Market Inspector in the scale of Rs 450 to Rs 1,200 per month, or otherwise;
17. Whether the qualified Town Librarian, a holder of a B.A. (Hons.) and an M.A. in Archives, Library and Information from Loughborough University, England, should be paid on the professional scale of Rs 2,400 to Rs 3,100 p.m. and this from 1977, the date he was qualified, or otherwise;
18. (a) Whether Mrs. Norma Kelly, Input/Output Controller should be paid on the scale of Rs 1,350 x 50 - Rs 1,600 p.m., or otherwise;
(b) Whether Mrs. Rosemay Lajoie, Assistant Input/ Output Controller should be paid on the scale
of Rs 935 x 45 - Rs 1,205 p.m., or otherwise;
19. Whether Mr. Suresh Saddul should be appointed as Head Clerk of the Health Department, or otherwise;
20. Whether all Clerical Assistants appointed as from March 1978 should be promoted to Clerical Officers, or otherwise;
21. Whether Mr. Samuel Tholassee acting as painter since 1977 should be appointed and paid as such henceforth, or otherwise;
22. Whether Mr. P. Ramjuttun , Building Inspector, a holder of a diploma in Civil engineering should be promoted to Engineering Assistant and be paid as such i.e. Rs 1,950 to Rs 2,600 p.m. or otherwise;
23. Whether Mrs. D. Permalloo should be promoted to the post of Head of Establishment Section as accepted by Council in December 1979, or otherwise;
24. Whether Mr. H. Dunputh should be appointed as Cadastre Clerk as his work consists of cadastral nature and be paid as such henceforth, or otherwise;
25. (a) Whether the five-day week should be introduced, or otherwise;
(b) Whether the principle of summer time should be accepted and introduced whenever possible, or otherwise;
(c) Whether split hours or flexible time should be introduced, or otherwise.
A.2 The parties were represented by Messrs. H. Anthonee, I. Topsy and P. L'Assiette respectively President, Vice-President and Secretary of the Local Authorities Employees Union assisted by Mr. R. Bunwaree, Bar-at-Law, on behalf of the Local Authorities Employees' Union and by Mr. N. Dyall. Personnel Officer assisted by Mr. S. Bhayat, Bar-at-Law, on behalf of the Municipality of Vacoas-Phoenix and by Mr. C. Nicolas, Principal Assistant 3ecretary, Ministry of Local Government assisted by Mr. D. Rarnsewak, Principal Crown Counsel on behalf of the Ministry of Local Government.
A.3. The parties have agreed that the following items of the terms of reference, viz: 2(a), 6, 10, 14, 15, 17, 18, 19, 20, 22, 23, 24 and 25 be referred in the first instance, to the ad hoc Committee chaired by Mr. Empeigne and sitting under the aegis of the First Division of this Tribunal. The terms of reference of the ad hoc Committee are the following:
“Whether, having regard to:-
( a) the declared policy of the Government that an overall review of pay and grading structures by the Pay Research Bureau is currently being carried out in the Public Service and in parastatal bodies; and
(b) the present economic and financial situation in the country, there is any justification for any increase, adjustment or correction of anomalies in the salary of any category of staff in para-statal bodies/local authorities before the completion of the overall review by the pay Research Bureau and, if so, to make recommendations as to the quantum and the effective date of the increase, adjustment or correction of anomalies”
A.4 The Tribunal proposes to deliver an interim award on those items of disputes which have already been heard before it and will deliver a final award when the report of the ad hoc Committee will have become official.
B. CONSIDERATIONS
(1) Whether carpenters and masons who replace the Foreman-Inspector of Works should be paid an allowance whenever they replace the latter, or otherwise.
B (1) The Tribunal is satisfied that the present claim is justified on condition that the relevant carpenters and masons are qualified to act as Foreman-Inspector of Works.
(2) (b) Whether Mr. T. Gengen, driver, who has completed 15 years' service should be paid his top salary, or otherwise.
(2) (b) This case has been withdrawn by the Union according to document M filed by the Municipality.
This being so, no award is therefore necessary.
(3) Whether Mr. Karl Manon should be paid a responsibility allowance of Rs 200 per month instead of Rs 50 as paid now for all additional duties he is performing, or otherwise.
B(3) The Tribunal considers that a new revision of the allowance already paid to Mr. Manon is not justified. The claim is therefore set aside.
(4) Whether Mr. Rashid Hosany, Health Inspector, should be paid an allowance for the period 1966 to 1978, while he was acting as prosecutor, or otherwise.
B (4) The duties of Health Inspector include acting as Prosecutor and the Tribunal sees no justification to intervene in the present claim which is set aside.
(5) Whether Mr. Siven Nasapen, Health Inspector should be allowed to pass his proficiency bar on his alary scale as agreed by Council in 1979, or otherwise.
B(5)(i) The granting of this request would go against the established practice in the Civil Service.
B(5)(ii) The Tribunal sees no reason to depart from this practice.
B(5)(iii)The claim is therefore set aside.
(7) Whether the time of service of Mr. Amba Setchaye, Messenger, should for the purposes of pension rights be computed as from the time he acted as casual messenger instead of the date of his confirmation as messenger, or otherwise.
B (7) The Tribunal agrees with the present claim provided that the appropriate Pensions Regulations are followed.
(8) Whether casual messenger Jaylall Mutty should be confirmed to his post and this since 1972, or otherwise.
B (8) Mr. J. Mutty has already been appointed as Messenger. The Tribunal sees no cause for further intervention in the present case.
(9) Whether Mr. P. Seereekissoon should be appointed as Clerical Assistant as per Ministerial letter MLG/I09 dated 7th October, 1977, or otherwise.
B (9) This item has been settled. No award is therefore necessary.
(11) Whether Mr. France Nanapragassen should be the only substitute mayor's driver whenever the substantive holder of the post is on leave, or otherwise.
(11) Whether Mr. Bastien Nanapragassen, the official Mayor's driver should be the only one to drive the Mayor's car whenever the car is in use even after normal office hours and whether he should be entitled to any overtime, or otherwise.
B (12) This item has been settled. No award is therefore necessary.
(13) Whether the principle of full pay while on scholarship and on study leave granted to most employees so far should be extended equally to:
(a) Nr. Premchandsing Balla, Senior Market Inspector who was on French Scholarship from 1979/80;
(b) Nr. Ishwarduth Topsy, Town Librarian who was on a UNESCO Scholarship completing an M.A. degree in Britain in 1978/79, or otherwise.
B(13)(a) (b)(i) Both employees accepted being granted leave on half pay. The financial situation of the Council did not enable them to be more generous.
B (13) (a)&(b)(ii) The Tribunal sees no reason for intervention at the present stage. The claim is therefore set aside.
(16) Whether Mr. Sokalingum Sobran, relief in Market and Cemetery Inspector since 1970
should be paid as a Market Inspector in the scale of Rs 450 to Rs 1,200 per month, or otherwise. .
B(16) The Tribunal agrees with the Municipality that the new basic wages of Mr. Sobran should be in the scale ranging from Rs 450 to Rs 1,200 per month with effect from 1.1.84. The Municipality will obviously have to make the consequential adjustments due to intervening statutory increases.
(21) Whether Mr. Samuel Tholasee acting as painter since 1977 should be appointed
and paid as such henceforth, or otherwise.
B(21(i) The Tribunal agrees with the suggestion of the Municipality that the post of painter should be created and feels that it should in equity be filled by Samuel Tholasee.
B(21(ii) The Tribunal awards accordingly.
C. CONCLUSIONS
The Tribunal thanks the parties and counsel for their assistance throughout the proceedings and hopes that good industrial relations will continue to exist.
H. Balgobin
Vice President
S. Collendavelloo
Member
15th February, 1984