Panaji, 16th April, 2020 (Chaitra 27, 1942)

SERIES II No. 3

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PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

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

GOVERNMENT OF GOA

Department of Labour

Order

No. 28/35/2019-LAB/224

Whereas, the Government of Goa is of the

opinion that an industrial dispute exists between

the management of M/s. Sanofi India Limited, Plot

No L-121, Phase-III, Verna Industrial Estate, Verna,

Goa, and it’s workmen, represented by the Bhartiya

Kamgar Sena, 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 7A of the said Act.

SCHEDULE

“(1) Whether the action of the management of

M/s. Sanofi India Limited, Plot No. L-121, Phase-III,

Verna Industrial Estate, Verna, Goa, in not

conceding to the following demands raised by the

Bhartiya Kamgar Sena, is legal and justified?

CHARTER OF DEMANDS

Demand No. 1 Applicability: It is demanded by

the Union that the Revision as per the Charter of

Demands shall be applicable to all permanent

workmen who are members of the said union and

it shall also be applicable to those probationers

who would be subsequently absorbed as

permanent employees and those employees who

become the members of the Union hereafter.

Demand No. 2 Flat Rise/Fitment: It is demanded

by the Union that each worker be given a flat rise

of Rs. 5000/- in the basic salary as on 1st July, 2017.

After adding the above flat rise the revised basic

salary so arrived at will be then fitted in the

Revised Pay Scale in the respective Grades at

appropriate step.

Demand No. 3 Scale of Pay: It is demanded by

the Union that the original operators were

classified into two grades in the settlement dated

08-07-2014. In the last settlement dated 06-02-2018

the Management Associates, who were working as

operators along with the original operators and

who had become the members of the said Union

during the pendency of adjudication or the Charter

of Demands, were classified in Grade-III which is

below the Grade of original operators and were

given the same scale of pay as that of operators.

The union also demands that management

associates who have joined the union in the year

2017 onwards be also placed in Grade-III however;

the scale of pay given to the said operators in all

three grades is one scale of pay. The workers’

demand that based on seniority the scale of pay in

all the three grades be given separately as under:-

Grades and Scale of Pay

(i) Grade I-Operators-9000-700-12500-800-

-16500-900-21,000-1000-6000-1100-31,500.

(ii) Grade II-Operators-8000-650-11250-750,

15000-850-19250-950-24000-1050-29250.

(iii) Grade III-Operators/Management Associates-

-7000-600-10000-700-13500-800-17500-850-

-21750-950-26500.

Demand No. 4:-

(i) Dearness Allowance:- It is demanded by the

Union that with effect from 01st July, 2017

each workman should be paid fixed Dearness

Allowance at Rs. 15% of the revised basic.

(ii) Variable Dearness Allowance:- It is

demanded by the Union that with effect from

1st July, 2017 each workman should be paid

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 3

16TH APRIL, 2020

Variable Dearness Allowance at Rs. 5/- per

point rise over and above base 1270 points

(AAICPI-1982=100). The Variable Dearness

Allowance should be revised once every

quarter.

Demand No. 5:- Allowances:

(i) House Rent Allowance (HRA):- It is

demanded by the Union that all the workmen

should be paid additional House Rent

Allowance of Rs. 2000/- per month over and

above the existing HRA. The HRA be revised

every year at 10% of the basic.

(ii) Leave Travel Allowance:- It is demanded by

the Union that each workman should be

entitled to Leave Travel Allowance @ one

gross salary once in a year.

(iii) Lunch Allowance:- It is demanded by the

Union that each workman should be paid

Rs. 500/- per month over and above the

existing amount and also canteen subsidy

should be merged with Lunch Allowance.

(iv) Education Allowance:- It is demanded by the

Union that all the workman should be paid

Education Allowance of Rs. 1000/- per month

over and above the existing Education

Allowance.

(v) Conveyance Allowance:- It is demanded by

the Union that each workman should be paid

Conveyance Allowance of Rs. 500/- per month

over and above the existing Conveyance

Allowance.

(vi) Medical Assistance Allowance:- It is

demanded by the Union that those workmen

who will go out of the purview of ESI Scheme

should be given Rs. 5,000/- per month as

Medical Assistance Allowance.

(vii) Shift Allowance:- It is demanded by the

Union that each workman should be paid

additional Rs. 50/- for 2nd Shift and Rs. 100/-

for 3rd Shift respectively.

(viii) Special Allowance:- It is demanded by the

Union that all the operators should be

provided with Special Allowance with all

revisions as is given to the Management

Associates who are working as operators

along with the regular operators.

(ix) Maintenance Allowance:- It is demanded by

the Union that the Maintenance Allowance

of Rs. 500/- p.m. should be given to the

technicians who are working in Engineering

Department.

(x) Monsoon Allowance:- It is demanded by the

Union that an amount of Rs. 1000/- per annum

should be given as Monsoon Allowance to

each workman.

(xi) Overtime:- It is demanded by the Union that

the Overtime should be paid on basic DA,

VDA and HRA including tea break and lunch

for extended hours and on working on

Sunday and holidays.

Demand No. 6:- Leave Facilities:-

(i) Privilege Leave:- It is demanded by the

Union that all the workmen should be given

following privilege leave every year.

(a) For first 240 days : 30 days privilege

leave.

(b) After 240 days

: for every 5 working

days, one day privilege

leave with a right to

accumulate for three

years and balance

privilege leave should

be allowed to be

encashed.

(ii) Casual Leave:- It is demanded by the Union

that all the workmen should be given 15 days

Casual Leave in a year with a full pay.

Unavailed Casual Leave should be allowed

to be encashed.

(iii) Sick Leave:- It is demanded by the Union

that all the workmen should be given 15 days

Sick Leave in a year with full pay.

(iv) Special Leave:- It is demanded by the Union

that Special Leave should he granted for

chronic illness which is recommended by

doctor till the fitness of patient.

Demand No. 7:- Loan: It is demanded by the

Union that each unionized worker should be given

loan as under:-

(i) Personal Loan of Rs. 3 lakhs at 50% subsidy

per annum.

(ii) Housing Loan:- All the workmen should be

provided a Housing Loan as per requirement

by the employee at 50% subsidy per annum.

Demand No. 8:- Incentives: It is demanded by

the Union that all the workmen should be paid 1%

of the profit per annum.

Demand No. 9:- Punching Card: It is demanded

by the Union that provision of punching card should

be made near the security gate.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 3

16TH APRIL, 2020

Demand No. 10:- Shift times: It is demanded by

the Union that in case of three shift workings,-

1st shift time should be from 08.00 to 16.00 hrs.

2nd shift time should be from 16.00 to 12.00 hrs.

3rd Shift time should be from 00.00 to 08.00 hrs.

Two time tea break in each shift should be given

to each workman.

Demand No. 11:- Transport:- It is demand by the

Union that transport should be provided in all the

shifts free of cost. The buses which are transporting

the workers from factory to the schedule drop point

shall start within 10 minutes of the schedule shifts

timings.

Demand No. 12:- Bonus and ex-gratia:- It is

demanded by the Union that all the workmen

should be given 20% bonus on basic DA, VDA and

HRA and 20% ex-gratia of their total annual

emoluments every year.

Demand No. 13:- Service Reward:- It is

demanded by the Union that Company should give

Service Reward to the workmen who have

completed 5 years, 10 years, 15 years, 20 years.

They should be given Rs. 5000/-, Rs. 10,000/-,

Rs. 15,000/-, Rs. 20,000/- respectively.

Demand No. 14:- Welfare:-

(i) Medical Scheme:-

(a) It is demanded by the Union that all the

workmen who are out of Employees State

Insurance Scheme should be given

unlimited amount for treatment for self,

spouse and two dependent children upto

the age of 25 years.

(b) Normal day-to-day Medical bills should

be claimed after submission of bills

amount.

(ii) All the temporary/Casual/Badli workers

should be made permanent and absorbed in

“Sanofi India Limited, Goa”.

(iii) Period of Agreement will be for 3 years only

(01-07-2017 to 30-06-2020).

Demand No. 15:-

(i) Company should give time for Union to

take meeting in the premises every

3 months.

(ii) Company should allow short leave or late

reporting to all the Union members in case of

any emergency.

(iii) Seniority increment in basic salary to the

seniors, who have completed 10 years, 15

years and above, should be given 2

increments, 3 increments respectively.

(iv) In case of job rotation in the same grade for

any union workers, intimation letter should

be given to the workers stating type of work

and period duly signed by union leader,

President and the rotated employee.

(v) Marriage gift of Rs. 5000/- as token of love

should be given to each workman who is

getting married.

(vi) Birthday/Marriage Anniversary gift as per

company policy.

Demand No. 16:- Insurance Policy:- It is

demanded by the Union that all the workmen would

be covered under the group personal Accident

insurance policy. The Accident coverage of each

workman should be given of amount of Rs. 5,00,000/-

(Rupees five lakhs only). The coverage should be

on a 24 hours basis. The terms and conditions

prevailing as per the policy shall be binding.

Demand No. 17:- Lump sum payment:- It is

demanded by the Union that all the workman

should be given one time lump sum amount of

Rs. 10,000/- (Ten thousand only) as a signing

incentive.

Demand No. 18:- Festival advance:- It is

demanded by the Union that the permanent

workmen should be paid festival advance of

Rs. 24,000/- per year. The advance will be paid

once a year, either for Ganesh Chaturthi, Diwali,

Eid or Christmas as per request made by the

workmen in writing. The advance should be

deducted in 12 equal monthly instalments from

the salary of the workman.

Demand No. 19:- Retrospective effect:- It is

demanded by the Union that all the above demands

should be given from retrospective date i.e. from

1st July, 2017.

Demand No. 20:- It is demanded by the Union

that Rs. 10,000/- (Rupees ten thousand only) be

granted to each of the workers with effect from

01-07-2017 by way of Interim Relief pending

finalization of the Charter of Demands.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 3

16TH APRIL, 2020

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Demand No. 21:- It is demanded by the Union

that in the night shift, the management should

give 15 minutes rest after every hour of working

with a reliever operator during the said period.

Note:- All the existing facilities should be

continued as it is and no workmen should be

adversely affected as a result of the above demands.

(2) If not, what relief the workers are entitled

to?”.

By order and in the name of the Governor of

Goa.

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

Porvorim, 18th March, 2020.