Legal Question in Employment Law in India

Dear Sirs,

I am employed with The Shipping Corporation Of India Ltd. (The SCI LTD), Mumbai which is a Public Limited Company. My job involves sailing onboard the ships. The wages to all the Officers onboard including. is paid on the basis of Agreement settled between The MUI (Maritime Union Of India - on Officers behalf) & The INSA (Indian National Ship Owners\\\' Association - On behalf of the Owners). Ideally these agreements are revised every two years. Since almost a decade this agreement is signed for uncertain periods but with the break up of wages for 2 years (i.e agreement for 4 years is signed once with two sets of wage schedules). Understand from Officers of Private sector shipping companies that their company pays more than the agreement wages to Top Four ranks of the Officers onboard. This system was not followed in The SCI even when the company was running short of Officers in their fleet. The scenario has changed since Jan\\\'2008. Even The SCI is following private company tactics (Understand that this is done to stop their Officers leaving and joining lucrative offers of the private and foreing players and run the ship smoothly). Unfortunately The SCI is also paying only the select few Ranks, the higher wages by making them to come on contractual basis. Even though it is on contractual basis, the payment is very high, more than double of what these Ranks would have got if they had opted for agreement wages. Remaining ranks, which are not important (according to the safe manning document issued by The Directorate General Of Shipping), are not offered higher wages on contractual basis. Moreover these Ranks are at the risk of loosing their job if the Company decides to retrench them. This is what is mentioned in one of the clauses of the agreement, where in it has been agreed that the company can retrench any Officer it it feels his servce is in excess to the company. Though we Officers are permanently employed with The SCI from the beginning, they call us the bonafied employees of the The SCI and not permanent employees of The SCI in all the documents wherever ou status with the company is required to be mentioned.

My querries are:-

1) What is the dfference between Bonafied Employee and Permanent employee?

2) Can a PSU like The SCI, Offer higher contractual wages to selec few Officers of its choice and pay others only the agreement wages?

3) If answer to 2nd querry is No.. then can we demand and claim higher wages and arrears of it from the day of implementation (Jan\\\'2008).

4) Is the clause valid, which gives rights to the Owners to retrench its Officers by paying pea nuts as retrenchment allowance?

5) Is there any guidelines for deciding BASIC wages of employees in the agreement between the Union and the Management? I am asking you this because there are certain Officer Ranks whose last BASIC (Around 30th year or so) does not equal to even first Basic of the higher Rank.

FYI SAFE MANNING DOCUMENT is certified and issued by The D.G.Shipping which states the minimum Officers and crew to be present onboard. Practically majority of ships carry more than the safe manning limits. I have tried to put forward the scenario to the best of my ability. Kind advice and guidance from your end would be highly appreciated. Many of the Officers onboard are unhappy with the step motherly treatment meeted out to them but are not raising their voice due to the fear of loosing their jobs.

Awaiting yours,

Yours Sincerely,

Rajesh

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