Panaji, 2nd May, 2019 (Vaisakha 12,1941)

SERIES II No. 5

RNI No. GOAENG/2002/6410

Reg. No. G-2/RNP/GOA/32/2018-20

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

Order

No. 2/14/95/D.Agri/Part/87

Government is pleased to extend the deputation

period of Shri Ranjit Babi Mhapsekar, Assistant

Agriculture Officer against the post of Assistant

Horticulture Officer at Raj Bhavan, Dona Paula for

another year with effect from 12-05-2019 to

11-05-2020.

The deputation of Shri Ranjit Babi Mhapsekar,

shall be governed by standard terms and conditions

of deputation as contained in the O.M. No. 13/4/74-

-PER dated 12-02-1999 and as amended from time

to time.

By order and in the name of the Governor of

Goa.

Madhav B. Kelkar, Director & ex officio Joint

Secretary (Agriculture).

Tonca-Caranzalem, 29th April, 2019.

Note:-

There are three Extraordinary issues to the

Official Gazette, Series II No. 4 dated 25-04-2019

as follows:—

(1) Extraordinary dated 25-04-2019 from pages

87 to 88 regarding Order from Department of

Elections.

(2) Extraordinary (No. 2) dated 26-04-2019 from

pages 89 to 90 regarding Notifications from

Department of Finance.

(3) Extraordinary (No. 3) dated 30-04-2019 from

pages 91 to 92 regarding Orders & Notification

from Department of Elections.

Department of Finance

Debt Management Division

Notification

No. 2/8/2012-Fin(DMU)/Part/694

Read: Notification No. 2/8/2012-Fin(DMU)/562

dated 13-04-2017.

Government is pleased to accept the resignation

tendered by Shri Deepak Prabhu Pauskar as a

Chairman of Goa State Infrastructure Development

Corporation Ltd. w.e.f. 27-03-2019 (a.n.).

By order and in the name of the Governor of

Goa.

Shashank V. Thakur, Under Secretary, Finance

(Budget-II).

Porvorim, 24th April, 2019.

________

Notification

No. 2/8/2012-FIN(DMU)/Part/695

Read: i) Notification No. 2/8/2012-FIN(DMU)

dated 13-04-2017.

ii) Notification No. 2/8/2012-FIN(DMU)

dated 19-09-2017.

iii) Notification No. 2/8/2012-FIN(DMU)/Part/

/694 dated 24-04-2019.

In pursuance to Clause 18 of the Articles of

Association of Goa State Infrastructure

Development Corporation Limited (GSIDC) and in

continuation to the Notification of even number

dated 13-04-2017 and 19-09-2017 (read above);

Government of Goa is pleased to nominate

Dr. Pramod Sawant, resident of Sankhali, on the

Board of Director of GSIDC Ltd., and further appoint

him as a Chairman of GSIDC Limited, with

immediate effect.

Suggestions are welcomed on e-mail: [email protected]

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

2ND MAY, 2019

This issues with the approval of the Election

Commission of India vide letter No. 437/Goa-HP/

/2019 dated 16th April, 2019, as communicated by

the Office of the Chief Electoral Officer, Goa vide

letter No. 5/13/2019/ELEC/LS/NOC-PERM(166)/571

dated 16-04-2019.

By order and in the name of the Governor of

Goa.

Shashank V. Thakur, Under Secretary, Finance

(Bud.-II).

Porvorim, 25th April, 2019.

———uuu———

Goa Legislature Secretariat

Order

No. LA/Admn./2019/178

On the approval of the Governor of Goa in terms

of Rule 4(1) of the Goa Legislature Secretariat

(Recruitment and Conditions of Service) Rules, 1988,

Shri N. B. Subhedar, Secretary, Legislature is

relieved of his duties as Secretary of the Goa

Legislature Secretariat w.e.f. 22nd April, 2019 (a.n.),

who was on extension in service beyond

superannuation.

2. Shri N. B. Subhedar stands relieved from

the Goa Legislature Secretariat w.e.f. 22nd April,

2019 (a.n.).

By order and in the name of the Governor of

Goa.

U. D. Bicholkar, Committee Officer, Legislature.

Porvorim, 29th April, 2019.

———uuu———

Department of General Administration

Notification

No. 2/1/2017-GAD-III/1150

In pursuance of sub-section (1) of Section 40A of

the Goa Panchayat Raj Act, 1994 (Goa Act No. 14

of 1994), the Government of Goa hereby declares

Sunday, the 28th April, 2019 (Vaisakha 8, Saka 1941)

as a “paid holiday”, being the “Polling Day” for

the General Election to the Ward Nos. I to XI of the

Village Panchayat of Taleigao of Tiswadi Taluka

and Bye-Election to the Ward No. VI of the Village

Panchayat of Ona-Maulinguem-Kudchirem of

Bicholim Taluka, to the following workers, who are

entitled to vote at the said General Election and

Bye-Election of the Village Panchayats, namely:-

(i) industrial workers;

(ii) daily wage workers of the Government

Departments and State Government

Industrial Departments;

(iii) commercial and industrial workers of private

establishments;

(iv) workers of all private establishments;

(v) daily wage/casual workers employed in any

business, trade, industrial undertakings or

any other establishments.

The aforesaid paid holiday shall be in addition

to the holidays indicated in the Government

Notification No. 37/5/2018-GAD-III/3268 dated

14-11-2018, published in the Official Gazette, Series

II No. 33 dated 15-11-2018, to the aforesaid workers.

By order and in the name of the Governor of

Goa.

Manuel Barreto, Under Secretary (GA-I).

Porvorim, 25th April, 2019.

———uuu———

Department of Labour

Order

No. 28/6/2019-LAB/287

Whereas, the Government of Goa is of the opinion

that an industrial dispute exists between the

management of M/s. Zuari Agro Chemicals Limited/

/Zuari Global Limited, Zuarinagar, Goa, and it’s

workmen represented by the Zuari Agro Chemicals

Limited Workers Union, in respect of the matter

specified in the Schedule hereto (hereinafter

referred to as the “said dispute”);

And whereas, the Government of Goa considers

it expedient to refer the said dispute for

adjudication.

Now, therefore, in exercise of the powers

conferred by Clause (d) of sub-section (1) of Section

10 of the Industrial Disputes Act, 1947 (Central Act

14 of 1947) (hereinafter referred to as the “said

Act”), the Government of Goa hereby refers the

said dispute for adjudication to the Industrial

Tribunal of Goa at Panaji-Goa, constituted under

Section 7-A of the said Act.

SCHEDULE

“01. Whether the action or the management of

M/s. Zuari Agro Chemicals Limited/Zuari

Global Limited, Zuarinagar, Goa, in refusing

to concede the following demands raised

by the Zuari Agro Chemicals Limited

Workers Union, is legal and justified?

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

2ND MAY, 2019

CHARTER OF DEMANDS

01. Applicability:

The Charter of Demands pertains to employees

who are members of ZACLWU only.

02. Revision in terms of Service Pay Scales/Grades:

Effective 01-01-2018, the salary grades/scales

and annual increments should be as under:-

Grade

Scale

G-1

Rs. 4500- increment @ 10% of Basic+FDA+PP

G-2

Rs. 4650- increment @ 10% of Basic+FDA+PP

G-3

Rs. 4800- increment @ 10% of Basic+FDA+PP

G-4

Rs. 5250- increment @ 10% of Basic+FDA+PP

G-5

Rs. 5775- increment @ 10% of Basic+FDA+PP

G-6

Rs. 6275- increment @ 10% of Basic+FDA+PP

G-7

Rs. 6775- increment @ 10% of Basic+FDA+PP

G-8

Rs. 7275- increment @ 10% of Basic+FDA+PP

G-9

Rs. 7775- increment @ 10% of Basic+FDA+PP

03. Special Salary Adjustment:

All Members on roll as on 01-01-2018 should be

given a special salary adjustment of 40% of last

Basic Salary FDA and personal pay drawn.

04. Service Weightage:

Effective 01-01-2018 all members should be paid

a service weightage pay of Rs. 500/- for every

completed year of service.

05. Variable Dearness Allowance:

Effective 01-01-2018, Variable Dearness

Allowance should be computed and paid as

follows:

For every point rise in AICPI (1960=100) over

1200 points a payment of an amount in rupees

equivalent to-

a. 0.0030 per rupee for the first Rs. 2900 or part

thereof of basic salary plus FDA plus pp (if

any).

b. 0.0006 per rupee for the next Rs. 1000 or part

thereof of basic salary plus FDA plus pp (if

any).

c. 0.0007 per rupee for the next Rs. 1000 or part

thereof of basic salary plus FDA plus pp (if

any).

d. 0.0008 per rupee for the next Rs. 1000 or part

thereof of basic salary plus FDA plus pp (if

any).

e. 0.0009 per rupee for the next Rs. 1000 or part

thereof of basic salary plus FDA plus pp (if

any).

f. 0.0010 per rupee for the next Rs. 1000 or part

thereof of basic salary plus FDA plus pp (if

any).

g. 0.0060 per rupee for basic salary plus FDA

plus pp above Rs. 7500.

06. House Rent Allowance:

Effective 01-01-2018, House Rent Allowance

should be enhanced to 40% of Basic Salary plus

Dearness Allowance plus PP. All other terms and

conditions for payment of HRA to remain unaltered.

07. Gardening Allowance:

Effective 01-01-2018, all Members should be paid

gardening allowance of Rs. 5000/- per month and

should be reimbursed in cash.

08. Personal Allowance:

Effective 01-01-2018, Members should be paid

personal allowance Rs. 6000/- per month.

09. Transport Allowance:

Effective 01-01-2018, Members should be paid

transport allowance of Rs. 6000/- per month.

10. Educational Allowance:

Effective 01-01-2018, Members should be paid

an educational allowance of Rs. 5000/- per month.

11. Factory Allowance/Site Allowance:

Effective 01-01-2018, Members should be paid

Factory Allowance/Site Allowance of Rs. 6000/- per

month.

12. Administrative Allowance:

Effective

01-01-2018,

all

members

Administrative category at all locations should be

paid an Administrative Allowance at the rate of

Rs. 5000/- per month.

13. Computer Allowance:

Effective 01-01-2018, Members should be paid a

Computer Allowance of Rs. 4000/- per month.

14. Towel and Soap Allowance:

Effective 01-01-2018, Members should be paid

Soap and Towel Allowance of Rs. 4000/- per month.

15. Washing Allowance:

Effective 01-01-2018 Members provided with

uniforms should be paid Washing Allowance at

the rate or Rs. 5000/- per month.

16. Technical Literature:

Effective 01-01-2018, Members should be paid

Technical literature of Rs. 3000/- per month.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

2ND MAY, 2019

17. Soft Furnishing:

Effective 01-01-2018, members should be

reimbursed Soft Furnishing of Rs. 3000/- per month.

The amount should be tax free in the same manner

as paid to some management staff.

18. Cash Handling Allowance:

Effective 01-01-2018, Cash Handling Allowance

to be enhanced Rs. 200/- per day worked to

Members disbursing cash at Treasury Counter or

designated locations at Zuarinagar.

19. Overtime:

Members working overtime on Company

declared holidays should be paid an additional

amount of Rs. 1000/-. Other conditions should

remain unaltered.

20. Reimbursement of Outdoor Expenses and Class

of Travel:

Effective 01-01-2018, Members who are away on

Company duty for 2-4 hours should be paid Rs. 600/-

as outdoor expenses and members who are away

on Company duty during the meal time should be

paid outdoor expenses of Rs. 500/- per meal.

Members who are away for work for a minimum

of eight hours will be paid Rs. 1000/- per day.

Members away for one day inclusive of night

halt should be reimbursed outdoor expenses at

following rates:

(a) Metro cities - Mumbai,

.... Rs. 6000/-

Delhi, Calcutta & Chennai

(b) All State Capitals

.... Rs. 6000/-

.... Rs. 4000/-

21. Medical Reimbursement:

Members should he reimbursed Rs. 30000/- as

medical reimbursement for Self, Family, and

dependent parent per calendar year commencing

fron 1-1-2018.

Hundred percent premium towards Group

Health Insurance to be borne by the Company.

22. Special Medical Reimbursement:

Special Medical Reimbursements should be paid

at actuals for Self/Family/dependent parents.

23. Leave Travel Assistance:

Leave travel assistance should be increased to

Rs. 30000 on par with Entry level Employee in

Management Grade. Incidental expenses to be

increased to Rs. 10000/-.

Class of travel for all members should be first

class rail fare (A/C).

All other conditions remain unaltered.

24. Uniforms, Shoes and Raincoats:

(a) Uniforms:

All our members should be given five pairs of

uniform. Locker Cupboards should be

provided.

(b) Shoes:

Members should be reimbursed cost of two

pairs of shoes at the rate of Rs. 4000/- per pair

and cost of two pairs of socks.

Members should be reimbursed cost of one

raincoat every year.

25. Loans and Advances:

(a) Vehicle Loan:

Effective 01-01-2018 Vehicle loan for purchase

of Scooter/Moped/Motorcycle (Two Wheelers)

should be enhanced to Rs. 75000/- or at

actuals whichever is less, to be recovered in

48 equal monthly instalments with an interest

rate of 3%.

In addition to Scooter/Moped/Motorcycle

loan, those members who have completed 15

years of services should be given a one time

car loan or Rs. 400000/-. Recovery to cover the

balance period of service.

(b) Furniture/Equipment Loan:

Effective 01-01-2018, Furniture/Equipment

Loan to be enhanced to Rs. 150000/-. Members

should be allowed to draw Vehicle Loan and

Furniture/Equipment Loan concurrently.

Effective 01-01-2018, Housing Loan to be

enhanced to Rs. 2000000/-.

In cases where both husband and wife are

members of ZIL, the loan limit to both should

be 2500000/- for purchase or own house/flat.

Members who have completed 6 years of loan

period, should he allowed to avail a repeat

loan of Rs. 250000/- towards repairs,

maintenance, extensions, etc.

All loan applications should be cleared

without any budgetary restrictions.

The repayment of housing loan should be

spread upto the retirement age of the member.

In the event of member being permanently

disabled and retrenched/separated from

service, all the loans (Vehicle, Furniture,

Housing) should be waived off.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

2ND MAY, 2019

All other terms and conditions to remain

unaltered.

(d) Festival Advance:

Members should be allowed to avail an

interest free Festival advance of Rs. 15000 in

a calendar year to be recovered in 12 equal

monthly instalments.

26. Annual Performance Award:

Annual performance Award chart should be

enhanced by 50%.

27. New Performance Award Scheme:

The Productivity Linked Incentive Schemes

should paid to all members at equal rates.

A sales performance award @ 0.5% of gross

turnover be paid. The details of the scheme should

be worked out in consultation with the Union.

28. Ex-Gratia/Bonus:

Ex-Gratia/Bonus should be calculated @ 20% of

the actual salary (Basic+DA+PP) drawn.

29. Pension Scheme:

Effective 01-01-2018, Employers Contribution

should be enhanced to 15%. A provision should be

made for additional voluntary contribution by

employees upto 15% of their salary.

30. Gratuity:

Gratuity should be paid at the rate of one months

salary (basic+DA+PP) for every completed year of

service.

31. Leave:

(a) Privilege Leave:

Effective 01-01-2018, Privilege Leave should

be enhanced to 40 days in a calendar year.

Holidays/Off days falling in between leave

period should not be considered as leave.

(b)

Casual Leave:

Casual Leave to be enhanced to 15 days in

a calendar year.

Sick Leave to be enhanced to 25 days in a

calendar year and there should be no bar

for an accumulation purpose. However,

option should be given to members to

encash Sick Leave over and above 45 days.

Effective 01-01-2018 Medical Certificates

should mandatory only for availing sick

leave for 6 days and above.

(d)

Restricted Holidays:

All members should be allowed to avail 2

days Restricted Holidays in a Calendar year.

(e) Additional Sick Leave:

Every members should be given additional

Sick Leave with full pay for 60 days and

half pay for more than 60 days in case of

extreme sickness.

(f)

Special Leave on Band Days:

In case of emergencies such as bandhs,

strikes, riots, etc., the company should treat

such absence as Special Leave.

(g)

Leave Pay:

Any member who ceases to be an employee

of the company for whatever reasons,

should be paid full wages for any leave

outstanding to his/her credit on the date

of his/her ceasing to be in service.

(h)

Leave Combination:

All type of leave including company

declared Holidays, Compensatory offs,

Restricted Holidays should be allowed to

be used in any combination.

(i)

Public Holiday:

Public holidays to be enhanced to 16 days

in a calendar year.

Determination of holidays to be done jointly

as per prevailing practice.

32. Retirement Age:

The retirement ages for all members to be

enhanced to 60 years of age.

33. Promotion Policy:

Present practice to continue except that all

employees joining in Grade G-5, on completion of

5 years of service in Grade G-8, be promoted to

Grade G-9, and all the employees joining in Grade

G-4, on completion of 5 years in Grade G-7, be

promoted to Grade G-8.

34. Holiday Homes:

The guest house facilities provided to unionised

staff should also be extended to the other location

such as Ooty, Kodaikanal, Panchagani, etc.

35. Out of State Allowance:

Upon transfer from one State to other due to any

reason, the member should be paid Rs. 8000/- per

month as out or State allowance.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

2ND MAY, 2019

36. Reimbursement of Water/Electricity Charges:

Effective 01-01-2018 Water and Electricity

charges should be reimbursed at actuals subject

to maximum of Rs. 150/- and Rs. 250/- per month

respectively.

37. Abolition of Contract Labour:

In the interest of all the Workmen and Industrial

peace and harmony the contract labour system in

the company should he abolished.

38. Gift to Employees at the time of retirement:

A Gift of 1 gram of Gold for every completed

year of service should be given to employees at the

time of retirement.

39. Goodwill Gestures:

Within one month of the signing of the

settlement, the management should pay to all

members of ZACLWU only, an amount of Rs. 15000/-

as goodwill gesture along with arrears accrued.

40. General:

(a)

Members who retires in the intervening

period of the settlement should also be paid

the benefits of the settlement if they retire

prior to signing of the settlement.

(b)

Benefits arising out of this settlement

should be given to members of ZACLWU

only.

(c)

All other facilities provided in earlier

settlement stands unaltered.

41. Period of Settlement:

January 1, 2018 to 31st December, 2020.

(2) If the answer to issue No. (1) above is in

the negative, then, what relief the workmen

are entitled to?”

By order and in the name of the Governor of

Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 25th April, 2019.

________

Notification

No. 28/2/2019-LAB/Part-II/288

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

04-04-2019 in reference No. IT/05/18 is hereby

published as required under Section 17 of the

Industrial Disputes Act, 1947 (Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 25th March, 2019.

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Mr. Vincent D’Silva, Hon’ble Presiding

Officer)

Ref. No. IT/05/18

Workmen,

Rep. by the President,

Goa Trade & Commercial

Workers Union,

Velho Building, 2nd Floor,

Panaji, Goa-403 001.

…

Workmen/Party I

V/s

M/s. Funskool (India) Ltd.,

Corlim, Tiswadi,

Goa-403 110.

…

Employer/Party II

Workmen/Party I represented by Ld. Adv. Shri

Suhaas Naik.

Employer/Party II represented by Ld. Adv. Shri G.K.

Sardessai.

AWARD

(Delivered on this the 4th day of the month

of April of the year 2019)

By order dated 06-04-2018, bearing No. 28/18/

/2017-LAB/252, the Government of Goa in exercise

of powers conferred by Section 10 (1)(d) of the

Industrial Disputes Act, 1947 (for short The Act),

has referred the following dispute to this Tribunal

for adjudication.

“(1) Whether the following demands raised by

the Goa Trade and Commercial Workers’

Union, vide their letter dated 20-12-2016, on

the management of M/s. Funskool (India)

Limited, Corlim, Goa, are legal and justified?

CHARTER OF DEMANDS

(1) Flat-rise in the basic salary:

We demand that each worker be paid a sum of

Rs. 1500/- as Flat-Rise in the Basic salary as on

01-01-2017. The total Basic salary as on 31-12-2016

plus the Flat-Rise of Rs. 1500/- per month be placed

in the pay-scales given below and fitted in the

appropriate stage w.e.f. 01-01-2017.

Grade

Category

Pay-scales

(1)

(2)

(3)

VIII

Charge-hand and

3500-285-4925-315-

equivalent designation

-6500-345-8225-375-

-10,100.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

2ND MAY, 2019

VII

Sr. Technician,

3200-255-4475-285-

Sr. Electrician,

-5900-315-7475-345-

Sr. Set-up Man-Moulding, -9200.

Sr. Set-up Man-SNS,

Sr. Fitter and equivalent

designations

Technician, Setup

2900-225-4025-255-

Man-Moulding, Set up

-5350-285-6775-315-

Man-SNS, Fitter,

-8350.

Electrician and equi-

valent designations

Jr. Technician-cum-

2600-195-3575-225-

-Operator-cum-Assembler -4700-255-5975-285-

and equivalent

-7400.

designations

Operator-cum-

2300-165-3125-195-

-Assembler-cum-Packer -4100-225-5225-255-

and equivalent

-6500.

designations

III

Asst. Operator-cum-

2000-140-2700-165-

-Assembler-cum-

-3525-190-4475-215-

-Packer and equivalent -5550.

designations

Jr. Assembler-cum-

1700-120-2300-140-

Operator-cum-Packer

-3000-160-3800-

and equivalent

-180-4700.

designations

Attendant and equiva- 1200-100-1700-115-

lent designations

-2275-130-2925-145-

-3650.

(2) Fixed Dearness Allowance:

That w.e.f. 01-01-2017 each worker be paid

Rs. 1450/- per month towards Fixed Dearness

Allowance (FDA).

(3) Variable Dearness Allowance (VDA):

That w.e.f. 01-01-2017 each worker be paid a

VDA @ Rs. 2/50 per point over and above base

4500 points AAICPI (1960=100). The VDA should

be revised once every quarter (once in three

months).

(4) House Rent Allowance:

That w.e.f. 01-01-2017 each worker be paid an

additional amount of Rs. 1400/- in the existing House

Rent Allowance.

(5) Special Increments:

That w.e.f. 01-01-2017 all the workers be made

eligible to the following Special Increments on the

basis of their Seniority:

i. Those who have completed 1 to 5 years as on

31-12-2016 shall be paid one extra special

increment.

ii. Those who have completed 5 to 10 years as

on 31-12-2016 shall be paid two extra special

increments.

iii. Those who have completed 10 to 15 years as

on 31-12-2016 shall he paid three special

increments.

iv. Those who have completed 15 to 20 years as

on 31-12-2016 shall be paid four special

increments, and

v. Those above 20 years or service and above

shall be paid five special increments w.e.f.

01-01-2017.

(6) Conveyance Allowance:

We demand that w.e.f. 01-01-2017 each worker

be paid an additional amount of Rs. 750/- per month

over and above the existing Conveyance

Allowance.

(7) Education Allowance:

We demand that w.e.f. 01-01-2017 each worker

be paid an amount of Rs. 750/- per month towards

Educational Allowance.

(8) Medical Allowance:

We demand that each worker be paid an

additional amount of Rs. 800/- per month over and

above the existing Medical Allowance.

(9) Canteen Allowance:

We demand that w.e.f. 01-01-2017 each worker

be paid an amount of Rs. 1000/- per month towards

Canteen Allowance.

(10) Uniforms and Washing Allowance:

We demand that each worker be issued 2 sets of

uniforms every year and w.e.f. 01-01-2017 each

worker be paid a sum of Rs. 750/- per month

towards Washing Allowance.

(11) Shift Allowance:

We demand that w.e.f. 01-01-2017 each worker

be paid a shift allowance @ Rs. 100/- per shift for

2nd shift worked; and Rs. 150/- per shift for work

done in 3rd shift.

(1)

(2)

(3)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

2ND MAY, 2019

100

(12) Leave Facilities:

We demand that w.e.f. 01-01-2017 each worker

be made eligible for the following leave facilities.

a) Privilege leave :

25 days per annum with a

facility to accumulate upto

100 days and encashed.

Casual leave

8 days per annum with a

facility to accumulate upto

30 days.

c) Sick leave

8 days per annum with a

facility to accumulate upto

30 days.

Holidays

10 days per annum... to be

discussed.

(13) Leave Travel Allowance (LTA):

We call upon the Management to pay the

following Leave Travel Allowance for a calendar

year w.e.f. 01-01-2017 onwards:

Grade-I

Rs. 5,000/-

Grade-II

Rs. 5,500/-

Grade-III

Rs. 6,000/-

Grade-IV

Rs. 6,500/-

Grade-V

Rs. 7,000/-

Grade-VI

Rs. 7,500/-

Grade-VII

Rs. 8,000/-

Grade-VIII

Rs. 8,500/-

(14) Promotions:

All those workers who have stagnated in same

grade for 5 years and above without promotions,

be promoted to next higher grade.

(15) Safety Shoes and Umbrellas/Rain-coats:

2 pairs of safety shoes, umbrellas and rain-coats

be issued to all workers every year without any

discrimination.

(16) Rotation Moulding Allowance:

That the management should pay a Rotation

Moulding Allowance of Rs. 750/- per month as and

when they work on oven w.e.f. 01-01-2017.

(17) Tea and Snacks during night shift and special

facilities to those who work beyond normal shift

time i.e. beyond 17.00 hours:

That the management should supply Special Tea

and Snacks during the 2nd and 3rd shift-working.

Those who work beyond 17.00 hrs. shall be served

special snacks and tea and work beyond 19.00 hrs.

the worker shall be paid Meal-Allowance or

provided free meals.

(18) Allowances:

The workmen be made eligible to following

allowances:-

i. Rotation moulding allowance @ Rs. 250/- per

month.

ii. Blow moulding allowance @ Rs. 250/- per

month.

iii. Material mixing allowance @ Rs. 250/- per

month.

iv. Painting allowance @ Rs. 250/- per month.

(19) Medical Facilities/Health and Safety:

i. Those workers who meet with accidents “In

the course of employment” ought to be

paid full wages by the Company as though

he/she is on duty. The worker shall also be

paid all the Medical expenses until he/she

fully recuperates/recovers. All the workers

shall also be provided proper safety

equipment while working at the shop floor.

ii. Those workers who cross the threshold of

ESIS coverage ought to be paid a Medical

Allowance @ 4.75% of the gross salary per

month and be eligible to 15 days paid sick

leave.

iii. Every worker ought to be insured under

Group Personal Accident Insurance Scheme

to the extent of four (4) lakhs.

iv. Ambulance:

The Company shall provide fully equipped

Ambulance and this ambulance shall be

stationed at the factory premises to take care

of contingencies/accidents that may occur

in the factory.

v. Emergency Exit:

The Company shall maintain an impediment

free Emergency Exit in the company for the

workmen to come out from the premises

during emergencies. Presently, the main

doors of the company are either closed or

loading is done at the main doors.

(20) Loan Facility:

Every worker ought to be eligible to an Interest-

Free Loan of Rs. 50,000/- (Rupees fifty thousand

only) to be deducted and repaid in 50-equal

installments.

(21) Half Days Facility:

The Management shall allow the workers to join

their duties for First Halt/Second Half day.

(22) The Management shall appoint regularly a

minimum two confirmed workers in the II and III

shift to undertake maintenance work.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

2ND MAY, 2019

101

(23) Death Relief:

In case of death of any workman, he/his/her

family be provided with one time Death Relief of

Rs. 25,000/-.

(24) Retirement Benefits:

Workers who retire after their retirement age

shall be paid one month’s salary for every year of

service in addition to the Gratuity payable.

(25) Interim Relief:

Pending

discussions,

negotiations

adjudication process on above demands, each of

the workman be paid a sum of Rs. 4,500/- per month

as on Interim Relief to be adjusted from the final

settlement.

(2) If the answer to issue No. (1) above is in the

negative, then, what relief the Workmen are

entitled to?”

2. Upon receipt of the reference, it was registered

as IT/05/18 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed a Claim Statement at Exhibit 5 and

Party II filed a Written Statement at Exhibit 6.

3. In short, the case of the Party I is that the

Union has been espousing the cause of the

Party I workmen before the management and other

competent authorities. The Party I Union has raised

demands which are just, fair and proper. The

Party I union prior to the present Charter of

demands had placed a Charter of demands dated

20-12-2006 before the management, however said

Charter of demands were not settled across the

table and the same were referred to the Tribunal

under reference No. IT/11/2015. The Party I

workmen during the adjudication proceedings on

the said Charter of demands arrived at an

settlement by way of consent terms dated

30-08-2016 pursuant to which an award dated

20-09-2016 was passed. The Party II is engaged in

the business of manufacturing toys/play games,

which are widely used in Indian as well as foreign

markets. The wages and allowances were fixed at

the time of last wage settlement in the year 2004

and they are still working on the same wages and

other service conditions. The present salaries and

wages paid to the workmen are very low and does

not even make both ends meet and therefore the

present Charter of demands dated 20-12-2016 were

raised on behalf of the workmen requesting the

Party II to enhance their existing wages, salary,

allowances and other service conditions for a period

of three years to be made effective from 1-1-2017.

The management however, has failed to discuss

and finalize the pending Charter of demands and

has been adopted delaying tactics. The Union is

therefore left with no other alternative but to raise

the present demands. The Party II is in strong

financial position to meet the said demands. The

workmen are entitled for the benefits as demanded

by them. The demands raised by the workmen

therefore needs to be conceded in their favour with

retrospective effect.

4. In the Written statement, the Party II claimed

that the Consent award dated 30-08-2016 has

not been terminated in the manner provided by

sub-section 7 of Section 19 of Industrial Disputes

Act. The Union does not represent substantial

segment of workforce. The Charter of demands has

been raised without the support of substantial

segment of workforce and hence there is no

industrial dispute. There is no resolution by the

members authorizing the Union to raise the Charter

of demands on the management. The company will

not be able to bear any additional financial liability

as the financial capacity of the company does not

permit to do so and hence there is no question of

granting any additional relief. There is also no

justification for increase in wages to be made

effective from 01-01-2017 retrospectively as

demanded. The Party I have not made out any case

justifying the Charter of demands and hence, they

are not entitled for any reliefs prayed for.

5. In the rejoinder at Exhibit 7, Party I denied the

case of the Party II as stated in the written

statement.

6. Issues came to be framed at Exhibit 8.

7. In the course of proceedings, the dispute was

referred to Shri S. A. Deshprabhu, Advisor, Office of

the Commissioner, Labour and Employment, who

was appointed as a Mediator for settlement with

the consent of parties concerned vide letter dated

12-03-2019 at Exh. 15, who made all efforts to bring

the parties to a meeting point and due to his alert

intervention, the settlement was achieved by

making the parties understand not only on short

term gains but to strive for industrial peace

throughout. The Tribunal therefore expresses

profound gratitude and appreciation for the efforts

made by Shri S. A. Deshprabhu in settling the

matter amicably between the parties with able

and timely assistance of Ld. Adv. Shri Suhaas Naik

and Ld. Adv. Shri G. K. Sardessai for parties, in a

short span of time. The letter dated 01-04-2019 of

the Mediator along with the Consent terms dated

29-03-2019, acceptance letter and the Minutes of

the meeting are placed on record at Exh. 16 colly.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

2ND MAY, 2019

102

8. The Consent terms are reproduced

here-in-below:

(1)

Applicability: The terms and conditions of

the settlement are applicable to all the

members of the Party No. I Union who are

permanent workmen of the company and who

are on the rolls of the Company as on

01-01-2017 and continue to be in employment

as on the date of signing this settlement.

(2)

Period of Settlement: Both the parties agreed

that the settlement shall be in force for a

period of 3 years beginning from 01-01-2017

to 31-12-2019 and shall continue to be in

force unless terminated by either party in

accordance with the provisions of law.

(3)

Revision of pay scale: It is mutually agreed by

and between the parties that the pay scale

for different grades would be as follows:

Grade VIII – Rs. 7280-240-8720-255-10250-270-

-11870-285-13580-300-15380-EB-315-17270

(Charge Hand and equivalent designations)

Grade VII – Rs. 6620-220-7940-235-9350-250-

10850-265-12440-280-14120-EB-295-15890

(Sr. Technician, Sr. Electrician, Sr. Setup

Man-moulding, Sr. Setup Man-SNS, Sr. Fitter

and equivalent designations)

Grade VI – Rs. 590-200-7160-215-8450-230-

-9830-245-11300-260-12860-EB-275-14510

(Technician, Setup Man-Moulding, setup

Man-SNS, Fitter, Electrician and equivalent

designations)

Grade V – Rs. 5300-180-6380-195-7550-210-

-8810-225-10160-240-11600-EB-255-13130 (Jr.

Technician-Cum-Operator-Cum Assemble

and equivalent designations)

Grade IV – Rs. 4640-160-5600-175-6650-190-

-7790-205-9020-220-10340-EB-235-11750

(Operator-Cum-Assembler-Cum-Packer and

equivalent designations)

Grade III – Rs. 3980-140-4820-155-5750-170-

-6770-185-7880-200-9080-EB-215-10370 (Asst.

Operator-Cum-Assembler-Cum-Packer and

equivalent designations)

Grade II – Rs. 3320-120-4040-135-4850-150-

5750-165-6740-180-7820-EB-195-8990 (Jr.

Assembler-Cum-Operator-Cum-Packer and

equivalent designations)

Grade I – Rs. 2460-100-3060-115-3750-130-

4530-145-5400-160-6360-EB-175-7410

(Attendant and equivalent designations)

Note: The designations are illustrative, flexible

and not exhaustive.

(4)

Flat rise: It is agreed that all the confirmed

permanent workmen who are on the rolls of

the Company as on 01-01-2017 will be given

a flat rise in their basic wage as under:

Grade VIII

Rs. 2175/-

Grade VII

Rs. 2150/-

Grade VI

Rs. 2125/-

Grade V

Rs. 2100/-

Grade IV

Rs. 2075/-

Grade III

Rs. 2050/-

Grade II

Rs. 2025/-

Grade I

Rs. 2000/-

On adding the flat rise as above, if the resultant

amount does not fit into the step of the above pay

scale than the same shall be fitted on the next

higher step in the revised pay scale.

(5)

Seniority increments: It is agreed between

the parties that all the confirmed workmen

would be entitled to seniority increment on

01-01-2017 as follows:

a) Workmen who have completed 10 years

of service or more but not completed

20 years as on 31-12-2016 one increment

in their respective Basic wage.

b) Workmen who have completed 20 years

of service or more as on 31-12-2016 two

increments in their respective Basic wage.

(6)

Dearness Allowance: It is agreed that all

permanent workmen will be entitled to a

fixed Dearness Allowance of Rs. 2595/- p.m.

from 01-01-2017 (The existing ADA i.e. from

01-01-2014 to 31-12-2016 of Rs. 500/- is merged

in DA).

(7)

Additional Dearness Allowance/Variable

Dearness Allowance: It is agreed between the

parties that ADA/VDA shall be paid in lieu

of VDA to all Permanent Workmen at

the rate of Rs. 400/- p.m. w.e.f. 01-01-2018

and further increase of Rs. 400/- p.m. w.e.f.

01-01-2019.

(8)

House Rent Allowance: It is agreed between

the parties that HRA shall be paid to all

permanent workmen at the rate mentioned

below w.e.f. 01-01-2017:

Grade VIII

Rs. 3625/- p.m.

Grade VII

Rs. 3354/- p.m.

Grade VI

Rs. 3092/- p.m.

Grade V

Rs. 2930/- p.m.

Grade IV

Rs. 2575/- p.m.

Grade III

Rs. 2470/- p.m.

Grade II

Rs. 2404/- p.m.

Grade I

Rs. 2347/- p.m.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

2ND MAY, 2019

103

(9)

Washing Allowance: It is agreed between

the parties that all permanent workmen shall

be paid Washing Allowance at the rate of

Rs. 675/- p.m. w.e.f. 01-01-2017.

(10)

Canteen Allowance: It is agreed between the

parties that all permanent workmen shall be

paid Canteen Allowance at the rate of

Rs. 515/- p.m. w.e.f. 01-01-2017.

It is also agreed by and between the parties

that the above amount will have rise of Rs. 50/-

p.m. with effect from 01-01-2018 and further rise of

Rs. 50/- p.m. with effect from 01-01-2019.

(11)

Conveyance Allowance: It is agreed by and

between the parties that all permanent

workmen shall be paid conveyance

allowance at the rate mentioned below w.e.f.

01-01-2017:

Grade VIII

Rs. 2200/- p.m.

Grade VII

Rs. 2040/- p.m.

Grade VI

Rs. 1895/- p.m.

Grade V

Rs. 1720/- p.m.

Grade IV

Rs. 1492/- p.m.

Grade III

Rs. 1375/- p.m.

Grade II

Rs. 1355/- p.m.

Grade I

Rs. 1275/- p.m.

It is also agreed by and between the parties

that the above amount will have rise of Rs. 50/-

p.m. with effect from 01-01-2018 and further rise of

Rs. 50/- p.m. with effect from 01-01-2019.

(12)

Medical Allowance: It is agreed between the

parties that all the permanent workmen shall

be paid Medical Allowance at the rate

mentioned below w.e.f. 01-01-2017:

Grade VIII

Rs. 925/- p.m.

Grade VII

Rs. 880/- p.m.

Grade VI

Rs. 760/- p.m.

Grade V

Rs. 710/- p.m.

Grade IV

Rs. 640/- p.m.

Grade III

Rs. 540/- p.m.

Grade II

Rs. 475/- p.m.

Grade I

Rs. 450/- p.m.

It is agreed between the parties that subsequent

to this settlement/thereafter any worker goes out

of purview of ESIC coverage such worker shall be

paid additional Medical allowance of 4.75% of

eligible wages. However, should there be

enhancement in the ESIC limit and if any worker

again comes under ESIC purview such worker will

be covered under ESIC scheme and Medical

allowance of 4.75% of wages shall be withdrawn.

(13)

Shift Allowance: It is agreed between the

parties that Shift Allowance shall be paid to

all permanent workmen working in the

IInd Shift and IIIrd shift as follows w.e.f.

01-01-2017:

IInd Shift

Rs. 30/- per shift.

IIIrd Shift

Rs. 43/- per shift.

(14)

Rotation Moulding Allowance: It is agreed

between both the parties that all the

permanent workmen shall be paid Rotation

Moulding Allowance of Rs. 520/- p.m. as and

when they work on oven w.e.f. 01-01-2017.

(15)

Paid Holidays: It is agreed between the

parties that, the existing practice of 7

compulsory paid holidays along with 2

restricted paid holidays totaling to 9 days

will continue. However, during any year when

both Ganesh festival and Diwali festival falls

on working days (Monday to Saturday) then

both the festival will be declared as paid

holidays, then in that particular year there

will be 10 paid holidays instead of 9 days. In

case of any of the above festivals falls on

Sunday and existing practice of 9 paid

holidays will continue.

(16)

Leave: It is agreed between the parties that

the existing practice will continue.

(17)

Transport: It is agreed between the parties

that the existing practice of providing

transport facility from the cross on the main

road to the factory and vice versa, to report

to work, to all permanent workmen will be

continued.

(18)

Increasing productivity/efficiency and

reduction of wastages: It is agreed between

the parties that the workers will increase

the productivity/efficiency and reduce

wastages as compared to the previous years.

To achieve this improvement it is agreed to

have regular meetings with the Works

Committee consisting of workers and

management representatives. This committee

will set targets and work towards achieving

those targets. Management will take suitable

disciplinary action against those workers

who refuse/fail to achieve the set targets.

Union and the workmen have assured that

they will make sure that the workers will be

regular and punctual in their duties and

avoid absenteeism. The workmen agreed to

carry out their duties whenever any change

is effected in working conditions and also

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

2ND MAY, 2019

104

agreed to co-operate and discharge their

duties if any new device/equipment/process

is added to improve the productivity.

(19)

Work Assignment: It is agreed between the

parties that assignment of shift schedules

and work to workmen, is the prerogative of

the Management and is a Management/

Supervisory function. The Union and the

workmen assured not to usurp this right of

the Management and the workmen will not

refuse the work assigned to them, from time

to time.

(20)

General Clauses:

a. It is mutually agreed between the parties,

subject to the provisions of prevailing

law, house rent allowance, washing

allowance, conveyance allowance,

medical allowance, shift allowance,

rotation moulding allowance, canteen

allowance, shall not be taken into account

while calculating indirect benefits like

Provident Fund, Gratuity, Bonus, etc.

b. Benefits in this settlement shall apply to

all permanent workmen, who are the

members of the Party No. I Union and who

are on the rolls of the Company as on

01-01-2017 and continue to be in

employment as on the date of signing the

settlement. The Union and the workmen

individually and jointly agree not to raise

or pursue any dispute in respect of any

demand whether specifically covered or

not, pressed or withdrawn in this

settlement and further agrees not to raise

or pursue any demand involving financial

burden or otherwise on the company

directly or indirectly during the

subsistence of the settlement except such

as may involve specific implementation

in the Consent Term.

c. It is agreed that the existing facilities,

benefits, practices and conditions of

service which are presently followed and

which are not specifically altered,

amended or substituted by this Consent

Term shall continue.

d. It is mutually agreed that it is in the

common interest of the Management,

Union and workmen that the Company

should retain its competitive status,

earning capacity and this could be

achieved through greater operational

efficiency, productivity and reduction in

wastage. Workmen agree to participate

in the activities at all the times in the

implementation of all measures that may

be introduced by the Management by

change and modification of work flow and

work planning, work simplification and

procedures, providing/withdrawing

machines and equipments for improving

current outputs and by identifying

unnecessary work, cutting down such

work as may be deemed necessary by the

management.

e. The Union and the workmen agree to

maintain industrial peace and harmony

during the subsistence of this settlement

and as such not resolve to any direct

action during the subsistence of this

Consent Term and shall take recourse of

the machinery provided in the provisions

of Industrial Disputes Act, 1947.

(21)

The benefits of the consent terms shall be

extended to those of the workmen members

of the Party No. I Union, who give an

acceptance letter in the Format Annexure

“A”.

(22)

The Arrears arising out of this consent terms

shall be paid within 15 working days upon

individual workmen submitting the

acceptance letter referred to in clause 21 in

the Format Annexure “A”. The payment by

way of arrears shall be made by Bank transfer.

(23)

The Party No. I agreed that in view of the

above terms, the Party No. I shall not pursue

the present reference No. IT/05/2018 and

further agreed that a consent award may

please be passed in terms of the above-

mentioned terms.

(24)

In order to bring the dispute before the

Tribunal to a logical end, the Party No. II

agrees not to object to the plea of the Party

No. I for an award in terms of the present

consent terms.

9. The above Consent terms are signed by

Shri Sadanand Nayak, General Manager-

-Manufacturing and Adv. Shri Girish Sardessai on

behalf of Party II, so also Shri Christopher Fonseca

and Adv. Shri Suhaas Naik representing the

Party I workmen. I have gone through the Consent

terms filed as above, which in my view, are just

and fair and in the interest of both the Workmen/

Party I as well as Employer/Party II and hence, the

same are accepted.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 5

2ND MAY, 2019

105

10. In view of above, I pass the following:

ORDER

i. The reference stands disposed of in view of

the Consent terms filed by the parties, at

Exhibit 16 colly.

ii. No order as to costs.

iii. Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

———uuu———

Department of Public Health

—

Order

No. 4/3/2008-II/PHD/224

Ex post facto approval of the Government is

hereby conveyed for accepting the technical

resignation w.e.f. 06-08-2018 (f.n.), tendered by

Dr. Teresa Maria Palmira Costa Ferreira, Associate

Professor, Department of Neurology, Goa Medical

College vide her letter dated 06-08-2018 received by

Goa Medical College administration on 08-03-2019

in order to enable her to join the post of Associate

Professor, Department of Neurology, Goa Medical

College on regular basis w.e.f. 06-08-2018 (f.n.).

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 24th April, 2019.

Notification

No. 13/14/87-I/PHD(Part file II)/1124

In exercise of the powers conferred by

sub-section (1) of Section 33-F of the Drugs and

Cosmetics Act, 1940 (Central Act 23 of 1940), the

Government of Goa hereby appionts Smt. Nilima

Mishal, Senior Scientific Officer (Drugs), Directorate

of Food and Drugs Administration, Government of

Goa, as the “Government Analyst” in respect of

Ayurvedic, Siddha and Unani Drugs for the whole

of the State of Goa.

This Notification shall come into force as on the

date of its publication in the Official Gazette.

By order and in the name of the Governor of

Goa.

Maria Seomara De Souza, Under Secretary

(Health).

Porvorim, 26th April, 2019.

________

Corrigendum

No. 2/5/2013-II/PHD/252

Read: Government Order No. 2/5/2013-II/PHD/92

dated 04-04-2019.

In the Government order read at preamble, the

date appearing as 01-03-2019 (f.n.) may be corrected

to read as 01-03-2019 (a.n.).

Rest of the content remains unchanged.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Health).

Porvorim, 25th April, 2019.

www.goaprintingpress.gov.in

Published and Printed by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE–Rs. 13.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—35/160–5/2019.