Panaji, 2nd September, 2021 (Bhadra 11, 1943)

SERIES II No. 23

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

Addendum

No. 2/9/95-AGR/2021-22/Part(II)/870

Read: Order No. 2/9/95-AGR/2021-22/Part(II)/707

dated 30-07-2021.

In the above referred Order, the following para

may be added after the 1st para:

Shri Dilip Paranjape, Assistant Director of

Agriculture (Extension) 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 amended from time to time.

The following para may also be added after the

last para of the Order:

This is issued with the concurrence of

the Government vide Entry No. 4507/F dated

26-07-2021.

The rest of the contents of the said order remain

unchanged.

By order and in the name of the Governor of

Goa.

Nevil Alphonso, Director & ex officio Joint

Secretary (Agriculture).

Tonca-Caranzalem, 30th August, 2021.

________

Addendum

No. 2/9/95-AGR/2021-22/Part(II)/871

Read: Order No. 2/9/95-AGR/2021-22/Part(II)/706

dated 30-07-2021.

In the above referred Order, the following para

may be added after the 2nd para:

RNI No. GOAENG/2002/6410

Reg. No. RNP/GOA/32/2021-23

463

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

He 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

amended from time to time.

The following para may also be added after the

last para of the order:

This is issued with the concurrence of

the Government vide Entry No. 4507/F dated

26-07-2021.

The rest of the contents of the said order remain

unchanged.

By order and in the name of the Governor of

Goa.

Nevil Alphonso, Director & ex officio Joint

Secretary (Agriculture).

Tonca-Caranzalem, 30th August, 2021.

________

Corrigendum

No. 8/86/2021-22/D.Agri/823

Read: Order No 8/86/2021-22/D.Agri/347 dated

02-06-2021.

In the above referred Order the Fourth line of the

first para may be read as “on regular basis” instead

of “as probationer”.

The rest of the contents of the said Order remains

unchanged.

By order and in the name of the Governor of

Goa.

Nevil Alphonso, Director & ex officio Jt. Secretary

(Agriculture).

Tonca-Caranzalem, 20th August, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 23

2ND SEPTEMBER, 2021

464

Department of Co-operation

Office of the Registrar of Co-operative Societies

Order

No. 3/18/Urban Credit/TS-II/NZ/2020/RCS/1349

Read: 1. Notification No. 3/3/Urban Credit/TS II/

/PZ/2017/RCS/Suppl.

5306

dated

10-02-2020.

2. This Office Order No. 20/1/Recovery/Sale

Officer/TS-II/2020/RCS dated 10-07-2020.

3. Letter No. PUCCSS/HO/21-22/97 dated

16-07-2021.

In exercise of powers conferred upon me vide

Notification read at Sr. No. 1 above, the term of the

General Manager of the Pirna Urban Co-op. Credit

Society Ltd., Pirna, Bardez-Goa, appointed and

empowered vide Order at Sr. No. 2 above to act as

Sale-cum-Recovery Officer as provided under sub-

-section (1) of Section 91D of the Goa Co-op. Societies

Act, 2001, is hereby extended for further period of

one year with retrospective effect from 10-7-2021.

The other condition mentioned in the Order

referred to at Sr. No. 2 above shall continue to remain

in force.

The Registrar shall reserve the right to withdraw

the Order at any stage without assigning any reason

thereof.

Arvind B. Khutkar, Registrar (Co-operative

Societies).

Panaji, 19th August, 2021.

———u———

Office of the Asstt. Registrar of Co-operative

Societies

Corrigendum

No. RES-(a)-26/BZ/Goa/444

Read:

Amended certificate of registration No. RES-

(a)-26/BZ/Goa dated 22-06-2021 of Deen-

-dayal Multipurpose Co-op. Society Ltd.,

Deendayal Bhavan, Bicholim-Goa.

The Registration Code Symbol number of the

Society may be read as “No. RES-(c)-5/MP/BZ/Goa”

instead of Registration bearing Code Symbol

“No. RES-(a)-26/NZ/Goa”.

Pankaj V. Marathe, Asstt. Registrar, Bicholim Zone

(Co-operative Societies).

Sankhali, 16th August, 2021.

Department of Education, Art & Culture

Directorate of Higher Education

Certificate

No. ACAD III/GC/Filling-Asstt.Prof./115/2018/Part/

/3122

Read: No. ACAD III/GC/Filling-Asstt. Prof./115/2018/

/Part III/530 dated 27-04-2021.

Certified that the character and antecedents of

Ms. Prajyoti Pandurang Gauns Dessai appointed to

the post of Assistant Professor in Chemistry

(Inorganic) in Government College of Arts, Science

and Commerce, Quepem-Goa (Group “A” Gazetted)

under Directorate of Higher Education vide above

referred Order has been verified by the Addl. District

Magistrate, South Goa, Office of the Collector &

District Magistrate, South Goa District, Margao-Goa

and nothing adverse has been reported against her

at Police Stations in Goa.

Shashank V. Thakur, Under Secretary (Higher

Education)

Porvorim, 27th August, 2021.

———uuu———

Department of Environment & Climate

Change

Notification

No. 2-4-2021/ENVT&CC/DIR/498

Read:

Notification bearing S.O. No. 3604E dated

9-12-2013 issued by the Ministry of

Environment and Forests, Government of

India, New Delhi and published in the

Government of India (Official Gazette),

Part II-Section 3-sub-section (ii) dated

9-12-2013 and further published in the

Official Gazette of Government of Goa in

Series II No. 07 dated 15-5-2014.

In pursuance of Clause (10) of the Notification

dated 9-12-2013 read above, it is hereby notified

that the sitting fees, site inspection fees and

Travelling Allowances (T.A.) for the non-official

members of the Goa Coastal Zone Management

Authority (GCZMA) shall be Rs. 2,000/- per member

per sitting and Rs. 1,000/- per member per day for

inspection and Rs. 1,000/- per member as Travelling

Allowances per day. The expenditure shall be

debited to the account maintained by the Goa

Coastal Zone Management Authority (GCZMA) for

the purpose, to which appropriate Grant-in-Aid

shall be provided in pursuance to the Clause (9) of

the above read order dated 9-12-2013.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 23

2ND SEPTEMBER, 2021

465

The issues with the approval of the State

Government vide U.O. No. 528 dated 25-05-2021

and Finance Department vide U.O. No. 1400078302

dated 20-08-2021.

By order and in the name of the Governor of

Goa.

Dasharath M. Redkar, Director & ex officio Joint

Secretary (Environment & Climate Change).

Panaji, 30th August, 2021.

———uuu———

Department of Finance

Revenue & Control Division

Notification

No. 2/3/85-Fin(R&C)/1792

In exercise of the powers conferred by Section 6

of the Goa, Daman and Diu Toddy Tappers Welfare

Fund Act, 1984 (Act No. 17 of 1985), read with

Clause 3 of the Goa Daman and Diu Toddy Tapper’s

Welfare Fund Scheme, 1985, the Government of

Goa hereby reconstitutes the Goa Toddy Tapper’s

Welfare Fund Board, consisting of the following

members, namely:-

1. Mr. Clafasio Dias,

— Chairman.

MLA (Cuncolim)

2. Mr. Aleixo Reginaldo Lourenco

— MLA,

Curtorim.

Non-Official Members

1. Shri Antonio Francisco Remy

— Member.

Borges, President, All Goa

Toddy Tappers Association,

H. No. 377, Igrojewaddo,

Agonda, Canacona, Goa

2. Shri Caridade Fernandes,

— Member.

Vice-President, All Goa

Toddy Tappers Association,

Near Beach Arambol,

Pernem, Goa

3. Shri Shashikant Shiva

— Member.

Pednekar, H. No. 311, Danda

Siolim, Bardez-Goa

4. Shri Micheal Cardozo,

— Member.

H. No. 425, Mobor, Cavelossim,

Salcete, Goa

Official Members

1. Under Secretary, Finance

— Member.

(Revenue & Control)

2. Director of Social Welfare,

— Member.

Panaji, Goa

3. Professor and HOD, Department — Member.

of Orthopaedic Surgery, Goa

Medical College & Hospital,

Bambolim

4. Director of Institute of Public

— Member.

Assistance, Panaji, Goa

5. Director of Agriculture,

— Member.

Tonca, Caranzalem

6. Commissioner of Excise

— Member

Secretary.

The official members attending the Board

meetings shall be treated as on duty and entitled

to TA/DA whenever admissible under the relevant

rules.

The non-official members shall be entitled for

sitting fees at the rate prescribed by the

Government for members of such statutory Board/

/Committee, from time to time.

The expenditure on sitting fees of non-official

members shall be debited to “2039—State Excise”

head of account.

By order and in the name of the Governor of

Goa.

Pranab G. Bhat, Under Secretary, Finance (R&C).

Porvorim, 26th August, 2021.

———uuu———

Department of Home

(Home-General) Division

Notification

No. 19/11/2020-HD(G)/Arms/2874

Read: (1) Notification No. 19/42/94-HD(G) dated

02-04-2001.

(2) Notification No. 19/42/94-HD(G) dated

20-03-2002.

(3) Notification No. 19/42/94-HD(G) dated

13-06-2003.

(4) Notification No. 19/42/94/HD(G)/PF-I

dated 18-12-2012.

(5) Addendum No. 19/42/94/HD(G)/PF-I/

/2547 dated 24-07-2013.

The Government of Goa hereby withdraws the

Government Notification No. 19/42/94/HD(G)/PF-I

dated 18-12-2012 and the Addendum No. 19/42/94/

/HD(G)/PF-I/2547 dated 24-07-2013 with immediate

effect.

By order and in the name of the Governor of

Goa.

Eshant V. Sawant, Under Secretary (Home-II).

Porvorim, 12th August, 2021.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 23

2ND SEPTEMBER, 2021

466

Department of Labour

Notification

No. 28/2/2021-LAB/344

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

22-06-2021 in Ref. No. IT/06/20 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.

Amalia O. F. Pinto, Under Secretary (Labour).

Porvorim, 19th July, 2021.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Ms. Bela N. Naik, Hon’ble Presiding

Officer)

Ref. No. IT/06/20

Workmen,

Rep. by The President,

Bhartiya Kamgar Sena,

C/o Shankar Murari Pandit,

H. No. 86/1(85, Mahalaxmi

Residency,

Behind Kala Bhavan,

Sancoale-Goa, 403

… Workmen/Party I

V/s

M/s. Sanofi India Limited,

L-121, Phase III, Verna Industrial

Estate,

Verna, Goa-403 722.

… Employer/Party II

Workmen/Party I represented by Ld. Adv. Shri P. J.

Kamat.

Employer/Party II represented by Ld. Adv. Shri M.

S. Bandodkar.

AWARD

(Delivered on this the 22nd day of the month

of June of the year 2021)

By Order dated 11-03-2020, bearing No. 28/33/

/2019-LAB/193, 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 Local Committee of the Bhartiya

Kamgar Sena Union has a Locus Standi to

raise dispute of collective nature on behalf of

Bhartiya Kamgar Sena Union?

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

affirmative, then,-

(a) Whether the action of the management of

M/s Sanofi India Limited in refusing

work and non-payment of emoluments to

S/Shri Shankar Pandit, Sainath Mishal

and Shri Abhijit Naik, Operators, for

04-01-2017, to S/Shri Suraj Tamse, Vijay

Kumar Naik, Saish Shet, Navindra Borkar,

Sanjay C. Patil, Sandeep Gaonkar and

Shri Sanjay Satarkar for 05-01-2017; and

to S/Shri Suraj Tamse, Vijay Kumar Naik,

Saish Shet, Sanjay C. Patil and Shri

Ashwek Parab for 06-01-2017, is legal and

justified?”

(b) If not, what relief the said workmen are

entitled to?”.

2. Upon receipt of the reference, it was registered

as IT/06/20 and registered A/D notices were issued

to both the parties. Pursuant to service of notices,

Party I filed Claim Statement at Exhibit 3.

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

Party I is a registered Trade Union registered under

the Trade Union’s Act with its registered address

at Mumbai, presently represents all the workmen

concerned in the present dispute. This Union has

formed a unit Committee of the workers of the

Sanofi India Limited (for short Goa Unit) which

represents the workmen on day to day matters,

issues and the grievances of the workmen. That in

the year 2016/17 Mr. Rajesh Naik was the President

and Shri Shankar Pandit was the General Secretary,

Mr. Manguirish Patil was the Vice-President and

Mr. Navindra Borkar was the Treasurer and

Mr. Ajay Phadte was the Joint Treasurer and

Mr. Sunil Kadam was the Committee member of the

Goa Unit and the said Union at the relevant time

was representing about 44 permanent workmen/

/operators on the rolls of the Company. The said

Company M/s Sanofi India Limited is a limited

Company incorporated under the Companies Act,

1956 having its registered office at Mumbai and

the Company presently employs about 230

permanent workmen at their Factory at Verna Goa

which also employs workers on casual, daily basis,

temporary and contract workers to do the perenial

jobs which are done by the Party I workmen.

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467

The Party I further stated that Shri Shankar

Pandit, Sainath Mishal, Abhijit Naik, Suraj Tamse,

Vijaykumar Naik, Sai Shet, Navindra Borkar, Sanjay

C. Patil, Sandeep Gaonkar, Sanjay Satarkar and

Ashvek Parab whose names are mentioned in this

reference are members of the said Union/workmen

and out of these workers Shri Shankar Pandit,

Navindra Borkar were/are the members of the Goa

Unit and all the said workers are Operators in

skilled grade and all the permanent workmen of

the Party II are Operators in skilled grade and the

work of the unskilled grade is done by the casual/

/contract workmen employed by Party II.

It is further stated that Party II is in the business

of manufacturing medicines for the treatment of

the patients in several therapeutic areas such as

diabetes, cardiology, consumer health care,

hospital, central nervous system, anti-histamines,

etc. The products manufactured by the Company

in India are sold in India as well as exported to

many developed as developing countries and the

Goa Plant includes a brand-Global Development

Centre which has the capacity to develop solid

dosage formulations for the needs of Whintrop and

the Asia-pacific basebusiness. The Goa belongs to

the Pharmaceurticals Intercontinental operational

unit. The Company employs a very large workforce

and there is increase in its business activities and

profits year to year and is financially very sound.

The Party I states that the said Company started

attempting to disrupt the unity of the workmen

from the time the new committee of the Union was

selected and from the time the workmen joined the

Party I Union and in the year 1998 the Party II had

employed 21 Operators in the manufacturing of

the products on regular basis and Party II had also

employed seven Supervisors/Executives for

supervising the work of the Operators who were

working under the Production Manager. The

Party II had employed casual/temporary workers,

fixed term contracts and through the Contractors

who were doing regular work, skilled and unskilled

entrusted to them and such workers were given

artificial breaks in order to avoid making them

regular though they were doing regular jobs with

the Party II and besides these categories of

employees, the Party II had no other employees as

Management Associates. It is further stated that

the Party II started the second shift working from

about 2000 for commissioning new Plant I and

recruited additional Operators on temporary basis

for manufacturing process. That after starting the

second shift, the total strenght of regular Operators

were about 32 and were rotated in two shifts. The

first shift was resheduled as 8.00 a.m. to 4.30 p.m.

and the second shift was scheduled from 4.00 a.m.

to 12 midnight. That in the year 2000 the Plant I

was expanded and additional machines were

installed to increase the production and on

expansion, the Party II employed about 36

additional Operators including the temporaries for

the purpose of manufacturing and in the year 2008

the Party II had employed about 60 Operators on

regular basis for doing the regular manufacturing

processes in two shifts.

The Party I states that the Party II commissioned

Plant II in the year 2013 and is called

manufacturing II (for short Plant II). The Party I

states that the process of manufacturing in Plant

II is the same and that about seven Operators who

were working in Plant I were shifted to Plant II and

were doing the same jobs which were done in

Plant I. The Party I also states that the workmen of

the Party II had formed an Union under the name

Hoechst Marion Roussel Goa Plant Employees

Union and registered the same under the Trade

Unions Act, 1926 under No. 400 dated 08-03-2001.

The said Union had signed a settlement on the

Charter of Demands on 26-12-2001 which was

effective from 01-01-2001 to 30-06-2004. The

Operators thereafter joined the membership of the

Goa Trade and Commercial Workers‘ Union (AITUC)

in the year 2004 and had signed two settlements

dated 30-12-2005 and 24-12-2008 with Party II on

the Charter of Demands. The workmen resigned

from the said Union and joined the Goa Kamgar

Karmachari Sena and thereafter joined the Party I

Union.

The Party II on realising that the Operators have

joined the Party I Union, the Party II discontinued

employing the workers as Operators and started

employing the workers with the designation as

Management Associates with higher benefits then

what is paid to the regular Operators though the

nature of the work done by the said Associates

was the same as that of the Operators.

The Party I further states that in the year 2012,

the Party II started the 3rd shift from 12 midnight

to 8.00 a.m. on the next date. Thus, from the year

2012, the process of manufacturing was continued

in three shifts and was being carried out by about

150 Operators, including Operators designated as

Management Associates, employed on regular

basis. The Party I states that besides the regular

Operators, the Party II has also employed Operators,

as casual, temporaries, Fixed Term Contract and

through Contractors to do the same work which is

done by the regular Operators.

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468

The Party I further states that on account of

introduction of the third shift from 2012, the Party

II employed additional Operators with the

designation as “Management Associates”and the

said Management Associates are also working as

Operators with the regular Operators and are doing

the same work as is done by regular Operators and

that some of the Management Associates are

relievers of the Operators. The Party I states that

some of the Operators, who were members of the

Union and who had left the membership of the

Union, were re-designated as Management

Associates and were granted Special Allowance in

additional to their normal wage and thereafter

around the year 2013/14, they were promoted as

Supervisors/Officers and the Party II presently

employs about 230 Operators on regular basis

besides casuals, temporaries, Fixed Term Contracts

employees, etc.

The Party I states that the settlement dated

08-07-2014 entered into by the Union of the

workmen, came to an end and expired on

31-03-2014 and the Union then terminated the said

settlement and served fresh Charter of Demands

on the Management for better wages and service

conditions vide letter dated 19-08-2014 calling upon

the Management to negotiate a fresh settlement

for a period of 3 years commencing from 01-04.2014.

The Party I Union states that the Management

adopted an adamant stance of delaying in

negotations on the Union’s Charter and revised

the wages and special allowance of the Associates

who are not members of the Party I Union thereby

adopting unfair labour practices and the Union

having no other option sought intervention of the

Dy. Labour Commissioner & Conciliation Officer at

Panaji. However, the discussions on the said COD

failed in conciliation and the matter was referred

for adjudication by the Hon’ble Tribunal of Goa,

Panaji whcih was finally settled by the Parties

under settlement dated 06-02-2018 and an Award

was made.

The Party I further states that while the matter

of Charter of Demands dated 19-08-2014 was

pending before this Hon’ble Tribunal in reference

No. 02/17, the discussions on the said COD

continued with the Party II and the Local

Committee of the Party I Union and the minutes of

the discussions held on 09-07-2018 were recorded

and on the issue of recognition of the local

Committee it was agreed as under:

“1. Recognition of Local Union Committee:-

The Management expressed that the Company

has signed two wage settlements with the

Bhartiya Kamgar Sena and that itself is

recognition of the Local Committee”.

The Party I states that the Party I had signed the

first settlement with the Party II on 08-07-2014 on

the Charter of Demands for the period 01-01-2011

to 31-03-2014 and the discussions on the said

settlement dated 08-07-2014 took place between

Mr. Magno Fernandes, Director Goa Site and

Mr. Durguesh Pai Angle, Head HR & Adm., Goa Site

as representatives of the Party II and Mr. Suryakant

Mahadik, President, Mr. Sharad Azgaonkar,

Jt. Secretary, Mr. Sadanand Parab for the Party I

Union and Mr. Rajesh Naik, Manguirish Patil,

Shankar Pandit, Navindra Borkar, Rajesh Borkar and

Sushant Naik, office bearer of the Local Committee

for the workmen as representatives of the Union.

The Party I signed further settlement dated

06-02-2018 on the Charter of Demands dated

19-08-2014 for the period 01-04-2014 to 30-06-2017

and the discussions on the said COD were held

between the representatives of the Party II

Company and the workmen representated by the

General Secretary of the Party I Union alongwith

the local committee member of the Party I Union.

The Party I stated that thereafter the Party I and

the Party II had discussed further COD for the

period 01-07-2017 to 30-06-2020 in which the Party

II had agreed that signing of the earlier two

settlements with the Party I Union is itself is

recognition of the local committee and the Party I

Union vide its letter No. 1340/2016 dated 12-08-2016

to the Party II had communicated the names of the

Unit Committee Members of the Party I and

requested the Party II to give all necessary facilities

to the said committee to solve day to day problems

of the employees and also to treat them as

protected workmen under the provisions of the

Industrial Disputes Act, 1947. The said letter

coupled with the settlements dated 08-07-2014 and

06-02-2018 clearly prove that the Goa Unit of the

Party I has been recognized by the Party II and has

thus every right to take up the matter of the

workmen of the Party II, who are the members of

the Party I Union and in the meeting held on

21-02-2017, the Goa Unit has also resolved to take

up the above and other issues of the workmen

before the Party II and also before the Appropirate

Authority under the said Act, if the issues are not

settled with the Party II.

The Party I stated that the existing conditions of

service were mostly fixed by the settlements dated

26-12-2001, 30-12-2005, 24-12-2008, 08-07-2014 and

06-02.2018 and the said settlements were reached

between the Company, the Unions and the Local

Committee of the workmen. The Party I stated that

under all these settlements, the permanent

workmen who were recruited initially were

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 23

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469

classified in Grade-I as per their seniority and other

Operators/Management Associates who had joined

the Union later, were classified as Operators in

Grade-II and III and that all the workmen/Operators

right from their appointment, were/are doing the

work of skilled nature and were also classified as

such in the various settlements. That on 04-01-2017,

the Shift Operators namely Shankar Pandit, Sainath

Mishal and Abhjit Naik reported for work in their

respective shift. Mr. Tushar Chitte, the Asst.

Manager on duty instructed the above operators

to do the work of unskilled nature which was

normally done by the casual workers in the shifts.

The above said Operators who are doing their

normal jobs of skilled nature i.e. Operators, for the

last many years in the manufacturing activities

declined to do the said jobs as the said jobs were

always performed by the casual workers and the

same was not the job of the Operators. Thereafter,

the Manager and the Associate Director

approached the above Operators and insisted that

the said above Operators should do the jobs of the

casual workers at which the above said Operators

declined to do the said jobs of unskilled nature

whereupon the said Officers did not allow the

above said Operators in the shift to continue with

their normal work of Operators and kept them idle

for the day. The same act was repeated on

05-01-2017 by the Supervisors in the respective

shifts and department and the Operators namely;

S/Shri Suraj Tamse, Vijaykumar Naik, Shaish Shet,

Navindra Borkar, Sandeep Gaonkar, Sanjay C. Patil

and Sanjay Satarkar were asked to do the unkilled

work done by the casual workers and on their

declining to do the unskilled work, the said

Operators were not allowed to do their normal work

of Operators and kept them idle for the day.

Party I stated that on 06-01-2017 also the

Supervisors in the resepctive shifts and

departments repeated the above said acts, i.e.

directed the Operators namely S/S Suraj Tamse,

Vijay Kumar Naik , Shaish Shet, Sanjay C. Patil and

Ashwek Parab to do the unskilled work done by

the casual workers and on their declining to do

the unskilled work, the said Operators were not

allowed to do their normal work of Operators and

kept them idle for the day and that at the time of

giving the said work of unskilled nature to the

Operators, the Supervisors of the Party II threatened

the said Operators that if they do not do the work

of unskilled nature as directed, they would not be

paid their wages for the said day. The said

Operators approached the Local Committee of the

Union with thier grievances whereupon the Party

I Union through its General Secretary of the Local

Committee of the Union wrote a letter dated

09-01-2017 and took up the matter with the Site

Director, Goa Site of the Party II informing him that

the action of the Party II in instructing the said

Operators to do the job which is not their regular

job, amounts to unfair labour practice as well as

change in service conditions of the said Operators.

The Party I further stated that they informed the

Party II that the act of the Party II in regularly

indulging in the acts of unfair labour practice since

the time the workmen who have been employees

with the designated as Management Associated

and performing the job of ‘Operator‘ have joined

the Party I Union and that the Union has raised

various demands against the Party I which are

pending in conciliation as well as in adjudication

and called upon the Party II to allow the said

Operators to do their normal duties.

The Party I stated that the Party II did not reply

to their letter dated 09-01-2017 refuting

contentions of the Party I and that after 06-01-2017

when the said Operators declined to do the work

of unskilled nature, they were allowed to do their

normal work of Operators and their salaries for the

month of January, 2017 were credited to their

respective Bank Accounts by the Party II in

February, 2017. The Operators realised that Party II

had deducted the wages for one day in respect of

S/Shri Shankar Pandit, Sainath Mishal, Abhijeet

Naik and Ashwek Parab and for two days of

S/Shri Suraj Tamse, Vijay Kumar Naik, Shaish Shet

and Sanjay C. Patil and therefore the said workers

approached the local committee of the Union with

their grievances of deduction of salary for the said

days for further action.

The Party I stated that thereafter the Party I

through its Goa Unit vide its letter dated 27-02-2017

took up the dispute of illegal deductions of wages

before the Party II contending that the said

deductions were illegal and without following the

due process of law and called upon the Party II to

pay the said amount to the said workmen within

3 days of the receipt of the said demand. Party I

further stated that the Party II neither replied to

the said demands nor paid the deducted wages to

the said workers. The Party I thereafter approached

the Conciliation Officer for intervention and since

the matter could not be settled in conciliation, the

present reference is made. The Party I stated that

the deductions made in the wages of the said

Operators is contrary to law and amounts to an

unfair labour practice under item of Schedule V of

the said Act that when the said Operators had

disputed the allotment of work of unskilled nature

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 23

2ND SEPTEMBER, 2021

470

and alleged refusal by the said Operators, the Party

II was required to follow the principles of natural

justice calling upon their explanation and

conducting departmental enquiry into the same as

per the contract of employment, Standing Orders

or the Service Rules applicable to the workmen.

The deductions made by the Party II without

following the principles of natural jusctice and of

the law of the land is illegal and unjustified.

4. In the course of the proceedings, the parties

filed an application at Exh. 7 colly alongwith a

copy of Memorandum of Settlement dated

08-06-2021 under Section 2(p) read with Section 18(1)

of the Industrial Disputes Act, 1947 stating that

they have arrived at a settlement on the subject

matter of the above reference with a prayer to pass

a consent award in terms of the said settlement.

5. The Terms of Settlement agreed by and

between the parties are as follows:

1.0 Objectives, intent and purpose of this

settlement

1.1 The purpose of this settlement is to provide

orderly, effective and harmonious industrial

relations through collective bargaining, to maintain

cordial and meaningful relations between the

Company and the workmen, to maintain fair wage

and service conditions, to ensure prompt and fair

redressal of grievances, to foster positive discipline

and total observance of all rules and regulations

everywhere in the organization, to sustain and

improve efficiency, smooth and uninterrupted

operations in the factory and to increase individual

and overall productivity all round and ensuring

also the welfare of the workmen.

1.2 Recognising the rights and responsibilities of

the Company and appreciating that the Company

must improve and sustain its competitive status

and earning capacity through concerted efforts

aimed at improving efficiency and productivity, the

workmen agree to render complete, wholehearted

and unstinted co-operation in improving

productivity, to improve continuously the quality

of the Company’s products and to ensure on-time

delivery.

1.3 To re-dedicate and re-affirm our mutual faith to

work together for the continuous stability, growth

and profitability so that our organization becomes

WORLD CLASS, serve customers to international

standards, develop technologies related to both

process and products, hold our own against

competition and to become global in our thinking

and approach.

1.4 The parties will co-operate in securing

improvements in overall productivity and avoiding

all forms of waste including waste of time and

materials and all wasteful practices. For achieving

the above objectives and to sustain and improve

the competitive status of the Company, effectively

respond to and satisfy customer needs and to

improve its production and earning capacity, and

pledge to foster and encourage the highest degree

of cooperation between the Company and their

workmen at all levels.

1.5 It is the intent and purpose of the parties hereto

that under the existing highly competitive

conditions in the industry, all efforts will be directed

at maximising production /productivity, quality,

containing the manufacturing costs at appropriate

levels and eliminating all wasteful practices. In

order to achieve this, there shall be appreciation of

obligations on either side.

1.6 It is clearly understood and agreed by the

Parties hereto that the objectives of the Settlement

are not only to ensure harmonious industrial

relations resulting in improved productivity and

higher earnings to workmen, but also to review,

streamline and rationalise various procedures,

practices, systems, etc., and to ensure optimum

utilisation of all resources, maintain optimum

inventory levels, elimination of all wasteful

practices and due enforcement of discipline for

the sustained stability and growth for achieving

the targeted turnover of the company.

2.0 MANAGEMENT ROLE:

In discharging their responsibilities, the

Management shall be the providers of direction

and long term perspective for the organization. All

such necessary performance such as adequate long

term and short term planning, required capital

expenditure and investments in plant, equipment

etc., development and sufficient provision of vital

infrastructure facilities such as space and power,

development and management of sources of raw

material/supplies of input to the Production Unit,

adequate manpower planning and stationing and

governance of the Employee population shall be

considered as Management responsibilities.

3.0 EMPLOYEE ROLE:

While discharging their responsibilities through

their sufficient and effective performance, the

Workmen shall co-operate in all initiatives, Lean,

Supply Chain Management, Modernisation, change

in technology and manufacturing processes,

contemporary management techniques and

practices and optimising the use of men, material

OFFICIAL GAZETTE — GOVT. OF GOA

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2ND SEPTEMBER, 2021

471

and machinery. Implementation of safety measures

and using safety appliances, personal protection

equipment’s (PPE) etc., workmen agree jointly and

severally to extend their full co-operation to the

company in improving effective working time,

enforcing discipline, improving the efficiency,

maintaining punctuality and regularity in

attendance, improving quality and safety at

workplace consistently and eliminating wastage

and unproductive practices which will hamper

production/productivity.

4.0 COLLABORATIVE EFFORTS

Harmonious Industrial Relations, healthy

practices and commitment on either side to resort

only to constitutional means to resolve differences,

if any, are accepted as prerequisites for successfully

steering the Company to establish growth and

attain an enviable position in the industry. Both

parties firmly believe that joint efforts on the lines

referred to above, will enable them to attain their

cherished goals.

5.0 APPLICABILITY:

The provisions of this settlement shall be

applicable only to all permanent workmen who are

members of the union and were on the rolls of the

company on the date of submission of the charter

of demands dated 2nd May, 2018 (as per the list

attached in Annexure A) and no other workmen or

employee shall be covered under this settlement.

Any confirmed employee who was part of the

charter of demand dated 2nd May, 2018 and has

resigned from the services of the company or ceased

to be in employment for any reason during the

term of the settlement will be entitled for an amount

proportionate to the period of service rendered

during the term of the settlement. They would be

paid actual arrears in full and final settlement of

all their dues arising out of this settlement. In

order to identify such workman an application will

be obtained from them. As on the date of signing

of this settlement, since the period/tenure of the

settlement is already over the benefit would be

given only to members as per the list attached in

Annexure A.

It is further agreed between the parties that the

provisions of this settlement, however, shall not be

applicable to workmen employed by any of the

contractors or those who are employed as retainer/

consultant or casual/temporary/part-time workmen

for whatsoever job work in whatsoever capacity,

they are engaged.

6.0 EMOLUMENTS & COSTING OF THIS

SETTLEMENT

The total cost of the settlement was arrived at

and then after agreement between the parties in

mutual interest it was decided to distribute it in

the following manner.

6.1 BASIC PAY AND FITMENT

It is agreed that the following pay scale shall

apply to all the eligible workmen during the tenure

of this settlement.

3000–550–5750–575–8625–600–11625–625–14750–

–650–18000–675–21375–700–24875–725–28500.

Each permanent workman on the rolls of the

company and who are part of this settlement shall

be given an ad-hoc rise in their existing basic pay

w.e.f. 1st July, 2017 as follows:

Group

w.e.f. 1st July, 17

w.e.f. 1st July, 2018

w.e.f. 1st July, 2019

Rs. 3045/- pm

Rs. 652.50/- pm+ yearly

increment

increment.

Rs. 2695/- pm

Rs.577.50/- pm+ yearly

Rs. 577.50/- pm+ yearly

increment

increment.

III

Rs. 2380/- pm

Rs. 510/- pm+ yearly

increment

increment.

Rs. 1645/- pm

Rs. 352.50/- pm+ yearly

Rs. 352.50/- pm+ yearly.

increment

increment.

On adding above amount into the existing Basic Pay & Personal Pay (drawn in July 2017), the basic

salary so arrived will be then fitted in the Pay Scale at appropriate level. If there is no corresponding

step in the salary scale the residue amount, if any, due to this fitment will be considered as Personal Pay.

It is agreed between the parties that the Personal Pay of the first year i.e. 1st July, 2017 shall be added

to the fitment money of the second year i.e. 1st July, 2018 and fitted at the respective step in the Scale

of Pay and residue amount in the second year shall be taken as personal pay. Similarly the personal pay

of second year shall be added to the fitment amount of the third year i.e. 1st July, 2019 and fitted at the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 23

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472

respective step in the scale of pay and the residue amount in the third year shall be taken as personal

pay. This personal pay shall be considered for calculating all benefits such as overtime wages, provident

fund, bonus, LTA, Gratuity.

Basic scales for new employees taken on Probation/Confirmation will be fitted into Basic scale in

respective Grades depending on his qualifications and experience and is paid all allowances in the

Grade at the discretion of the management.

It is agreed between the parties that if the management associate joins the union of workmen at any

time, they shall be given the scale of pay as agreed above in clause 2 and fitted at appropriate step

prospectively from the date they join the union.

It has been agreed between the Union and the Management that the amount of Rs. 200 shall be added

into Basic Wage w.e.f. 1st July, 2017.

6.2 HOUSE RENT ALLOWANCE

Each permanent workman on the rolls of the company and who are part of this settlement shall be

given a rise in their existing House Rent Allowance w.e.f. 1st July, 2017 as follows:

Group

w.e.f. 1st July, 17

w.e.f. 1st July, 2018

w.e.f. 1st July, 2019

Rs. 1995/- pm

Rs. 427.50/- pm

Rs. 1645/- pm

Rs. 352.50/- pm

III

Rs. 1330/-pm

Rs. 285/- pm

Rs. 595/- pm

Rs. 127.50/- pm

House Rent Allowance will attract only contributions towards ESI and overtime benefit in accordance

with the prevailing statute. It shall not be considered for the purpose of PF, Bonus, Gratuity and Leave

encashment and shall be proportionately deducted in case of unpaid leave/unauthorized absence.

6.3 LUNCH ALLOWANCE

Each permanent workman on the rolls of the company and who are part of this settlement shall be

given a rise in their existing Lunch Allowance w.e.f. 1st July, 2017 as follows:

Group

w.e.f. 1st July, 2017

w.e.f. 1st July, 2018

w.e.f. 1st July, 2019

Rs. 350/- pm

Rs. 75/- pm

Rs. 350/- pm

Rs. 75/- pm

III

Rs. 350/- pm

Rs. 75/- pm

Rs. 350/- pm

Rs. 75/- pm

This allowance shall not be considered for the purpose of PF, Bonus, Gratuity, overtime and Leave

encashment and shall be proportionately deducted in case of unpaid leave/unauthorized absence.

The present system of providing a subsidy of Rs. 14/- per meal will continue, however any further

increase in the meal prices will be shared in the proportion of 75:25 between the Management and the

employees respectively.

6.4 EDUCATION ALLOWANCE

Each permanent workman on the rolls of the company and who are part of this settlement shall be

given a rise in their existing Education Allowance w.e.f. 1st July, 2017 as follows:

Group

w.e.f. 1st July, 2017

w.e.f. 1st July, 2018

w.e.f. 1st July, 2019

Rs. 350/- pm

Rs. 75/- pm

Rs. 350/- pm

Rs. 75/- pm

III

Rs. 350/-pm

Rs. 75/- pm

Rs. 350/- pm

Rs. 75/- pm

This allowance shall not be considered for purpose of PF, Bonus, Gratuity, overtime and Leave encashment

and shall be proportionately deducted in case of unpaid leave/unauthorized absence.

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473

6.5 CONVEYANCE ALLOWANCE/TRANSPORT ALLOWANCE

Each permanent workman on the rolls of the company and who are part of this settlement shall be

given a rise in their existing Conveyance Allowance/Transport Allowance w.e.f. 1st July, 2017 as follows:

Group

w.e.f. 1st July, 2017

w.e.f. 1st July, 2018

w.e.f. 1st July, 2019

Rs. 350/- pm

Rs. 75/- pm

Rs. 350/- pm

Rs. 75/- pm

III

Rs. 350/- pm

Rs. 75/- pm

Rs. 350/- pm

Rs. 75/- pm

Conveyance Allowance/Transport Allowance shall not be considered for purpose of PF, Bonus, Gratuity,

overtime and Leave encashment and shall be proportionately deducted in case of unpaid leave/

unauthorized absence.

6.6 MEDICAL ALLOWANCE

It is agreed between the parties that the

prevailing practice shall continue in respect of this

demand.

7.0 MEDICAL SCHEME

All such workmen who are exempted from ESIC

scheme (as in Clause 7) will be covered under

a suitable insurance policy for Medical

Hospitalization Reimbursement Policy upto an

amount of Rs. 5,00,000/- per financial year for self,

spouse and upto 2 dependent children upto 21

years of age. The hospitalization claim shall be

directly settled with insurance company and all

the terms and conditions as prevalent with the

Insurance company will be applicable.

As and when the existing employee is again

covered under ESIC scheme in future, whether

prospectively or retrospectively, due to amendment

in the ESI Act, the hospitalization benefit scheme

will cease to be in operation.

8.0 LEAVE TRAVEL ALLOWANCE

All permanent employee on the rolls of the

company will be paid an amount equivalent of one

month Basic Pay and Personal Pay as Leave Travel

Allowance. All other conditions for availing LTA

will be as per the LTA policy of the company and

will remain the same.

9.0 SHIFT TIMINGS

It is agreed that the shift timings will be as follows

(in case of three shift working):

Shift

Timing

Lunch/Dinner

08.00 hrs.-16.00 hrs.

30 mins.

16.00 hrs.-00.00 hrs.

30 mins.

III

00.00 hrs.-08.00 hrs.

30 mins.

General

09.00 hrs.-17.30 hrs.

30 mins.

a. It is also agreed that, as per the prevailing

practice and business needs, the company will

decide to work in One/Two/Three shifts/

/Extended shift as and when the need arise as

per business requirement or due to exigencies

of work.

b. Availability of operators at work place (place

of work) at start of shift indicated above i.e.

sharp 08.00 hrs. for first shift, 16.00 hrs. in

second shift and 00.00 hrs in third shift.

c. During two shift operation

I. Machines to start within 10 minutes

(i.e. 8:10 am in first shift) latest at beginning

of shift.

II. No stoppage during first and second shift

transition/handover.

III. Stoppage of machines 15 minutes before

end of shift for cleaning purposes (at 11:45

pm in second shift).

IV. If there is no cleaning of machine in each

shift that the machines in the first and

second shift shall run without stoppage.

d. Subject to clause 10 (C) above, the Operators

to follow running handover strictly.

I. Operator shall ensure that the machine is

not stopped during the shift change and

handover the machine in running condition

to the next operator/assigned employee.

II. The operator shall ensure that he/she takes

the handover prior or sharp at respective

shift timings mentioned and notified from

time to time.

III. Operator to remain at respective post till

other operator/assigned employee is able

to take over charge during shift change.

IV. Operators

ensure

that

circumstances machine shall be stopped

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 23

2ND SEPTEMBER, 2021

474

during the shift change. Similarly

staggering shall be strictly followed during

lunch/dinner break.

e. Maximum number of late comings 3 (three) in

a calendar month and max. Late time allowed

in such case is upto 10 minutes, after which

the employee has to apply for half day

alternatively salary for half day will be

deducted. No intimation in this regards, may

be given to the concerned operator. The same

rule and calculation will hold good for

employees leaving the workplace earlier than

the designated time.

f. Any operator punching his attendance card

or reporting at place of work after 15 minutes

from the start of the shift, the employee has to

apply for half day alternatively salary for half

day will be deducted. No intimation in this

regards, may be given to the concerned

operator. The same rule and calculation will

hold good for employees leaving the

workplace earlier than the designated time.

g. Lunch break and dinner break timing of 30

mins. to be strictly followed and necessary

staggering should be done.

h. Shift operating personnel will remain at their

posts until he is relieved by his successor or

their supervisor is able to make other

arrangements for their relieving.

I. Operators should remain at the work place

and may leave workplace for IPC checks or

only work related issues with permission of

their supervisors.

II. Subject to Clause 10 (c) above, there will be

no stoppage of machines during first, second

shift and third shift transition and handover.

III. Immediate communication in case machine

stoppage to be given by the operator to the

supervisor or maintenance engineer, to

ensure maximum machine utilization and

minimize the wastage.

9.0 SHIFT ALLOWANCE PAYMENTS

All confirmed employee working in second shift

will be paid a shift allowance of Rs. 40/- per second

shift worked and Rs. 80/- incase of third shift

effective July 2017. This will not be applicable for

extended hours. Rules and regulations for claiming

this allowance will be made in accordance with

the provisions of the law relating to shift working.

This amount will not attract any other benefit such

as Provident Fund, Gratuity, Bonus and Overtime

Payments.

10.0 LEAVE AND PAID HOLIDAYS

All such workmen who are exempted from ESIC

Scheme (as in Clause 7) will be given an additional

2 days of sick leave per calendar year (on pro-rata

basis). These leaves will be withdrawn, as and

when the employee is again covered under ESIC

scheme in future, whether prospectively or

retrospectively, due to amendment in the ESI Act.

All other terms and conditions with respect to

leave and paid holidays as per the prevailing

practice and as detailed in the Certified Standing

Orders will be applicable.

11.0 OVERTIME

Overtime shall be paid as per the provisions of

the Factories Act, 1948 and other relevant statutes.

This amount shall not be taken into account for PF,

Gratuity, Bonus and Leave encashment. The

overtime shall not be refused when asked due to

exigencies of work.

12.0 LOAN

The permanent workman shall be entitled, from

the date of signing of this agreement for a 50%

interest subsidy on personal loan of upto Rs.

1,80,000/-. The workman shall satisfy all the terms

and conditions attached to the loan. The Company

shall reimburse 50% of the interest charged by the

bank to the workman in his/her monthly salary.

Any rules and regulations made under the loan

scheme in future shall be binding on all workmen.

Till the loan amount is fully repaid, workmen will

not be entitled to any other company loan.

Prevalent rules as applicable under Income Tax

will be applicable.

13.0 FESTIVAL ADVANCE

The permanent workmen shall be entitled to

avail festival advance of Rs. 5,000/- per year. The

advance will be paid once a year, either for Ganesh

Chaturthi, Diwali, Id or Christmas as per request

made by the workmen in writing. The advance

shall be deducted in 10 equal monthly instalments

from the salary of the workmen from the month

when the advance is availed.

14.0 MONSOON ALLOWANCE

It is agreed between the parties that the

prevailing practice shall continue in respect of this

demand. An amount of Rs. 750/- will be paid

w.e.f. 2018 along with the salary in the month of

May/June.

15.0 BONUS

The payment of Bonus shall be as per the

provisions of the Payment of Bonus Act, 1965, and

rules made thereunder.

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475

16.0 INSURANCE POLICY

All workmen would be covered under the Group

Personal Accident Insurance Policy. The accident

coverage for each workman will be for an amount

of Rs. 1,00,000/- (Rupees One lakh only). The

coverage will be on a 24-hours basis. The terms

and conditions prevailing as per the policy shall

be binding.

17.0 LUMPSUM PAYMENT

It is agreed that the company shall pay a one-

time lumpsum amount of Rs. 5000/- as ex gratia as

settlement signing incentive.

In appreciation of the Cooperation shown by

the Union and as demanded by the Union and the

Workmen the company has agreed that each

workman/member of union who are on the rolls of

the company on the date of signing of this

settlement shall be paid lumpsum amount of

Rs. 11500/- totalling to Rs. 805000/- as ex gratia to

be paid as a part of the arrears arising out of the

settlement.

It is also agreed between the Union/Workmen/

/Management/Company that both the Parties shall

file a joint application before the appropriate

authorities for an award/order in terms of the

settlement in ref IT/10/20 and IT/3/21 as also

following disputes pending before various

authorities for finally disposing the matters.

Sr.

Brief

Filed by

Filed

Case No.

No.

Against

1. Special

Union

Sanofi

IT/53/16

allowance

India Ltd.

2. Withdrawal Union

Sanofi

IT/13/18

of special

India Ltd.

allowance

3. Protected

Union

Sanofi

All

Workmen

India Ltd.

pending

cases

4. Deduction

Pravin

Sanofi

CLE/

of special

Kande

India Ltd.

/PWA-2)/

allowance

& others

/2018

5. Refusal to

Union

Sanofi

IT/06/

work

India Ltd.

/2020

6. Works

Union

Sanofi

CLE/TA/

Committee

India Ltd.

/(383)/

/2016 and

other

matters

on the

subject

The Works committee will be constituted as per

law laid down and committee shall be constituted

within 90 days after the Award passed in terms of

settlement by the Industrial Tribunal.

All pending enquiries against the workmen who

are members of the Union will be mutually closed.

18.0 GENERAL PROVISIONS

a) The Union and the workmen have specifically

agreed to implementation of various

requirements/procedures under ISO, FDA

regulations, GMP, EHS, Factories Act, I.D.

Act, 1947 and gowning procedures and other

Global/International authorities etc.

b) This settlement is in full and final settlement

of all demands raised by the Union in their

charter of demands dated 20th June, 2020

mentioned in the recital of this case above

and other demands, which are not

specifically dealt with or not pressed in this

settlement, shall be treated as settled.

c) The Union and the workmen individually,

jointly or through any other union or agency,

agree not to raise or pursue any dispute in

respect of any demands in respect of the

workmen covered under this settlement,

whether specifically covered or not pressed

or withdrawn in this settlement and further

agree not to raise any demand on behalf of

these workmen involving any financial

burden or otherwise on the company, directly

or indirectly, during the currency of this

settlement. The company agrees not to raise

or pursue any dispute specifically covered or

withdrawn during the currency of this

settlement.

d) In case of a legislation or otherwise, any

identical or similar higher benefits as

accruing to the workmen under this

settlement, are introduced in future by the

Government, the Union and the workman,

the company shall make good the difference

to fall in line with such legislation. The

workmen will be entitled to opt for benefits

either under this settlement or the legislation

in its totality, whichever is more beneficial

to them but not both.

e) Both parties also agree that in case of any

individual/group grievances, every effort will

be made to resolve it in the first place by

mutual discussions between the parties in

accordance with the existing grievance

procedure, and without either party resorting

OFFICIAL GAZETTE — GOVT. OF GOA

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2ND SEPTEMBER, 2021

476

to any unilateral action. It is also agreed

between the parties that in event that they

do not arrive at a mutually acceptable

solution,

both

parties

will

constitutional and legally established

machinery/methods for the settlement of

disputes and shall not resort to any direct

and/or agitational methods.

f) It is in interest of the Company and its

workmen that the company must sustain and

improve its competitive status and earning

capacity. For this the union and its workmen

agree to co-operate with the Management in

all necessary efforts to continue to improve

efficiency, productivity, various continuous

improvement programmes and elimination of

wastage. As a measure of the same it is

agreed that workmen or employee shall co-

operate and participate in the Lean

management/GMP and different initiatives

like +QDCI, VSM (Value Stream Mapping),

works committee, or any other taken in this

regards.

g) It is expressly understood by the Union and

it workmen that all the prevalent service

conditions shall continue to remain unaltered

and the union and the workmen agree to

abide and follow these conditions for the

overall efficiency of the Plant and the

Company.

h) It is understood by the Union and the

workmen that any rules and regulations,

existing practices, privileges, terms and

conditions currently prevailing in the

company as a matter of policy or statute

which have not been expressly altered as a

result of this settlement shall continue to

remain in force and the union and its

workmen shall abide by the same. Any

alteration in the existing policy, rules and

regulations, existing practices and privileges

or introduction of any new policy, rules and

regulations, practices and privileges by the

company during the tenure of this settlement

in accordance with the existing law at the

time of such alteration/introduction, and

which does not prejudice the terms and

conditions of this settlement shall be

followed by the union and its workmen.

Similarly any statute modified or introduced

by the Government during the tenure of this

settlement shall be complied with by the

company as well as the union and its

workmen.

i) It is understood and agreed upon by the

Union and its workmen that usage of Mobile

phones

the

Production

area

(Manufacturing and Packaging) and other

restricted areas is not permitted. The

workmen and all other employees of the

company shall strictly abide by the Mobile

Policy of the company.

j) The Union and the workmen appreciate that

it is essential to improve and maintain the

competitive status and profitability of the

company and reduce the costs as an ongoing

exercise. The Union and the Workmen shall

continue to adhere to all measures adopted

by the company from time to time towards

this goal, including the following.

I. Introduction of new and/or improved

methods and machinery, restructuring,

re-allocation or re-organization, flexibility of

manpower

allocation

and

method

simplification

modification

improvements in various inputs.

II. Both parties agree to carry out modifications,

abolition of wasteful practices, introduction

of appropriate procedure for effective and

maximum utilization of the operating time,

and such other methods as may be

considered appropriate jointly which will

result into work simplification or overall

improvement in the efficiency.

III. It is agreed that workman shall work in any

section/department as per the requirement

of the company. The company may also

depute workmen in other department/on any

other job than currently handled by him for

upgradation of his skill or due to exigencies

of work or company requirements.

IV. It is agreed that workman shall adhere to

working in shifts as notified from time to

time and accepting overtime work as and

when it is required. Workmen from the prior

shift shall co-operate and continue to work

on overtime after his regular duty hours in

case of absenteeism or work requirement.

V. It is also agreed that safety of the plant,

machinery/equipments and personnel is of

paramount importance and both the parties

shall protect it under all circumstances. The

workmen shall ensure at all times wearing of

personal protective equipment wherever

required as per safety norms required for

personal safety.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 23

2ND SEPTEMBER, 2021

477

VI. The concerned workmen shall handover

proper charge at workplace during the

change over from one shift to another. It is

also agreed that all workmen will adhere to

the shift timings by starting the work on

time and not leaving the place of work until

and unless he is relieved by the next shift

operator.

VII. It is agreed that the workmen will adhere to

all the rules of the cafeteria/canteen

including of lifting of self soiled plates and

depositing the same in the bin provided in

the canteen.

VIII. It is also agreed that all workmen will attend

the training programmes they are nominated

for as per the company’s training and

development plans.

19.0 TENURE OF SETTLEMENT

The settlement shall remain effective from

1st July, 2017 to 30th September, 2020 and shall

continue to remain in force thereafter until such

time it is validly terminated by either of the parties

as per the provisions of the Industrial Disputes

Act, 1947.

It is further agreed that the arrears arising out

of this settlement shall be paid to all the workmen

as per list at Annexure A. The said payment shall

be subject to any deductions under the prevailing

laws and will be paid within 3 succeeding months

from signing of the settlement. Any tax liability

arising from any payment or other benefits

introduced or revised under the settlement will be

as per the Income Tax Act, 1961.

That this settlement shall be presented before

the Industrial Tribunal, Panaji in References

No. IT 10/20, IT 03/2021, IT 53/16, IT 13/18 &

IT 06/20 and before the Office of the Commissioner

of Labour and Employment in cases of Protected

Workmen, Pravin Kande and Others bearing

No. CLE/(PWA-2)/2018 & Works Committee with a

prayer to make an Order in terms of this settlement.

It is agreed that with the signing of the

settlement all the differences or disputes pending

cases/reference related to the Charter of Demands

in Reference No. IT 10/20 and IT 03/2021 between

the management and the workmen in the tribunal

or with conciliation authority is deemed to have

been settled. It is agreed that no fresh dispute on

any issue which is settled under this settlement

shall be raised with the management or with any

authority under industrial/labour law during the

subsistence of this settlement. In view of the above

settlement it is specifically agreed between the

parties for the disposal of all the matters mentioned

herein below that Union will withdraw all the

following case or file and shall make applications

before the appropriate authority to pass no dispute

award for the disputes mentioned hereinbelow.

Sr.

Brief

Filed by

Filed

Case No.

No.

Against

1. Special

Union

Sanofi

IT/53/16

allowance

India Ltd.

2. Withdrawal Union

Sanofi

IT/13/18

of special

India Ltd.

allowance

3. Protected

Union

Sanofi

All

Workmen

India Ltd.

pending

cases

4. Deduction

Pravin

Sanofi

CLE/

of special

Kande

India Ltd.

/PWA-2)/

allowance

& others

/2018

5. Refusal to

Union

Sanofi

IT/06/

work

India Ltd.

/2020

6. Works

Union

Sanofi

CLE/TA/

Committee

India Ltd.

/(383)/

/2016 and

other

matters

on the

subject

20.0 That in consideration of the management

having agreed to their demands as specified in

this settlement, during the period of its operation

the workers who are beneficiaries of the settlement

and the Union agree that they will not, either jointly

or severally, raise/support any demand involving

any additional financial burden upon the

management, or support any move likely to disrupt

any of the operations of the Management, which

may directly or indirectly cast a financial burden

on the company.

For following three workmen the who were

confirmed in between the tenure of the settlement

their payment mode will be as follows:

E Code

Name

DOJ

130042

Surat Gaonkar

14-09-2017

99227

Kumar Kamble

14-09-2017

99070

Jitendra Usapkar

13-05-2017

The above three workmen would be only eligible

for settlement benefit from July 2018. Further, they

would be paid annual basic increment of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 23

2ND SEPTEMBER, 2021

478

April, 2018. If the said employees had taken MA

increments for the year April 18, then the same

stands to be relinquished by them and would be

recovered from the arrears paid arising out of this

settlement.

Further, employees joined the union on

17-07-2017 would be eligible for Settlement benefit

from July, 2017. Further, employees joined the union

on 28-06-2018 would be eligible for Settlement

benefit from July 2017. Further they will be paid

annual basic increment of April 2018 as per the

settlement. Further, if these set of workmen had

taken MA increments for the year April 2018 than

the same stands to be relinquished by them and

would be recovered from the arrears paid arising

out of this settlement.

21.0 OTHER CONDITIONS OF SERVICE

That all other terms and conditions of service,

more particularly including all those specified in

the letter of appointment of probation/confirmation,

Certified Standing Orders and existing rules and

regulations as the case may be, in the employment

of the management) not modified in this settlement,

willcontinue unaltered.

It is hereby agreed by and between the parties

that any technical, legal, arithmetical and

typographical error that may have inadvertently

crept up in the settlement, will be resolved and

rectified mutually and neither party will take

undue advantage if any.

The above Memorandum of Settlement has been

signed by representative of Party I, Mr. Arvind

Sawant, President, Dr. Raghunath Kuchik, General

Secretaral and other Committee Members, so also

the representative of Party II, Shri Magno

Fernandes, Site Director, Goa Site and Mr.

Shailendra Bidye – Site HR Head, Goa Site and the

other Officials on behalf of Party II. I have gone

through the application dated 09-06-2021 along

with the Memorandum of Settlement at Exh. 7 colly

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.

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

ORDER

(i) The reference at the instance of both the

Parties stands disposed off in view of the

application dated 09-06-2021 at Exhibit 7

colly.

(ii) Consequently, the benefits of the Settlement

shall be extended to the workmen of Party I.

(iii) No order as to costs.

(iv) Inform the Government accordingly.

Sd/-

(Bela N. Naik)

Presiding Officer,

Industrial Tribunal and

Labour Court.

———uuu———

Department of Law & Judiciary

Law (Establishment) Division

Order

No. 2/65/2016-LD(Estt)/1807

The Government of Goa is pleased to order transfer and/or assign additional charge and posting of

the following Civil Registrar-cum-Sub-Registrar, Group ‘B’, Gazetted Officers of Registration Department,

in public interest, with immediate effect:-

Sr.

Name of the officials

Present place of posting

Place of posting on transfer

No.

Smt. Shradha S. Bhobe

Jt. C.R.S.R., Tiswadi-II

C.R.S.R., Bicholim.

Shri Mahesh Prabhu

C.R.S.R., Bicholim

Jt. C.R.S.R. (H.Q.) and holding

Parrikar

additional charge of C.R.S.R.,

Pernem.

Smt. Maria Aquila Araujo

C.R.S.R., Pernem

Jt. C.R.S.R., Tiswadi–II.

Shri Tushan Kunkolienkar

C.R.S.R., (HQ) along with additional

C.R.S.R., Bardez.

charge of Jt. C.R.S.R. in the O/o District

Registrar, North.

Smt. Soniya Halarnkar

C.R.S.R., Bardez

Jt. C.R.S.R.,–I, Bardez.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 23

2ND SEPTEMBER, 2021

479

The above officers at Sr. 1, 2, 4 & 5 shall complete the process of handling over/taking over of charge

on 27-08-2021 (a.n.) and submit compliance. Further, the officers at Sr. 4 & 5 shall complete all the

pendency of document approvals under N.G.D.R.S. before 04-09-2021, even by working on weekends.

The above officers shall draw their pay and allowances against their respective transferred posts from

the date of taking charge. They shall complete the process of handing over/taking over of charge with

immediate effect and submit compliance.

By order and in the name of the Governor of Goa.

Amalia O. F. Pinto, Under Secretary (Law-Estt.).

Porvorim, 27th August, 2021.

———uuu———

Department of Personnel

Order

No. 22/5/2021-PER/1993

In pursuance to the Government of India,

Ministry of Home Affairs, New Delhi Order

No. 14020/01/2019-UTS-I dated 19-07-2021, the

Governor of Goa is pleased to appoint Ms. Aslam

Khan, IPS (AGMUT 2007), as Dy. Inspector General

of Police, CID Intelligence, with immediate effect,

in public interest.

Ms. Aslam Khan, IPS (AGMUT 2007) has reported

to this administration on 09-08-2021 (f.n.).

By order and in the name of the Governor of

Goa.

Maya Pednekar, Under Secretary (Personnel-II).

Porvorim, 17th August, 2021.

________

Order

No. 6/13/2011-PER/2114

On the recommendation of the Goa Services

Board, the Governor of Goa is pleased to order the

transfer and posting of the following Junior Scale

Officers of Goa Civil Service in public interest:-

Sr.

Name and present

Posted as

No.

posting of the officer

1. Smt. Snehal Shivram Prabhu, Deputy Collector

Deputy Collector

(Revenue), South.

(LA), South, holding

additional charge of Deputy

Collector (Revenue), South

2. Smt. Sapana Bandodkar,

Under Secretary,

Awaiting posting

Revenue-II with

additional charge

of Under Secretary,

Forest.

3. Smt. Isha Sawant,

Under Secretary to

Under Secretary, Revenue-II

Chief Minister.

holding additional charge

of Under Secretary, Forest

4. Shri Ramesh N. Gaonkar,

Deputy Collector

Deputy Collector, South-1

(LA), South with

additional charge

of Deputy Collector,

South-1.

The officer at Sr. No. 3 shall be governed by

standard terms of deputation as amended from time

to time.

The above officers shall complete handing over

and taking over process with immediate effect and

submit compliance.

By order and in the name of the Governor of

Goa.

Maya Pednekar, Under Secretary (Personnel-II).

Porvorim, 26th August, 2021.

_________

Order

No. 15/5/97-PER(Part)/2075

On the recommendations of the Goa Services

Board, and with the approval of the Government,

the following Officers in the cadre of Block

Development Officer are posted as mentioned in

Column (3) with iimediate effect in public

interest.

Sr.

Name of the officer

Posted as

No.

and designation

1. Shri M.B. Parwar

BDO-II, Ponda thereby

(Awaiting posting)

relieving Shri Ashwin

alias Sadashiv K. Dessai,

BDO-I, Ponda of additional

charge.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 23

2ND SEPTEMBER, 2021

480

2. Shri Anil S. Naik

BDO, Canacona thereby

(Awaiting posting)

relieving Shri Gurudatta

P. Naik, BDO-III, holding

additional charge of

BDO-IV, Directorate of

Panchayats of additional

charge.

The Officers shall complete the process of

handing over/taking over immediately and submit

compliance.

By order and in the name of the Governor of

Goa.

Maya Pednekar, Under Secretary (Personnel-II).

Porvorim, 24th August, 2021.

_________

Order

No. 7/1/2019-PER (Part)/2013

Smt. Sabita Prabhu Dessai, Assistant Professor in

Fine Art (Applied Art), Goa College of Art, Altinho,

Panaji shall hold the charge of Principal, Goa College

of Art in addition to her own duties with immediate

effect until further orders.

By order and in the name of the Governor of

Goa.

Maya Pednekar, Under Secretary (Personnel-II).

Porvorim,18th August, 2021.

_________

Order

No.15/17/96-PER (Part)/2011

On recommendation of the Departmental

Promotion Committee as conveyed by Goa Public

Service Commission vide letter No. COM/II/11/42(4)/

/2011/180 dated 03-08-2021, the Governor of Goa is

pleased to promote the following officers to the

cadre of Block Development Officer, Group ‘B’

Gazetted in Level-7 of Central Civil Services

(Revised Pay) Rules, 2016 on regular basis, with

immediate effect.

1. Shri M. B. Parwar.

2. Shri Anil S. Naik.

The officers shall be on probation for a period of

two years from the date of their joining. The Officers

shall exercise their option for fixation in

promotional grade in terms of F.R. 22(I)(a)(1), within

a period of one month from the date of issue of

order. The option once exercised shall be final.

The posting order shall be issued separately. The

promoted officers shall continue to hold the posts

presently held by them until further orders.

By order and in the name of the Governor of

Goa.

Maya Pednekar, Under Secretary (Personnel-II).

Porvorim, 18th August, 2021.

_________

Order

No. 22/19/2019-PER/1000

In terms of Rule 30 of the Goa Police Service

Rules, 1997 (hereinafter to be referred as “said

Rules”) notified vide Notification No. 24/5/79-

-PER(Part) dated 26-11-1997, published in the

Official Gazette, Extraordinary, Series I No. 35 dated

27-11-1997, the Government is pleased to relax the

provision of conduct of Departmental Examination

under Rule 16 of the said Rules as a “one time

measure” in respect of below mentioned Junior

Scale Officers of Goa Police Service.

1. Smt. Maria Monserrate.

2. Shri Anthony Monserrate.

3. Shri Gurudas N. Gawade.

4. Shri Edwin M. S. Colaco.

5. Shri Nelson Alburquerque.

6. Smt. Sucheta B. Dessai.

7. Smt. Ezilda D’Souza.

8. Smt. Sunita Sawant.

9. Shri Rajendra V. R. Dessai.

10. Shri Dharmesh G.P. Angle.

11. Shri Kiran J. Poduval.

The above all Officers will have to undergo

training at GIPARD as per the Notification No. 22/

/6/2018-PER/1063 dated 20-04-2021 issued by

Department of Personnel.

The proposal has been concurred by the Goa

Public Service Commission vide its letter No. COM/

/II/12/37(1)/2015/636 dated 11-08-2021.

By order and in the name of the Governor of

Goa.

Maya Pednekar, Under Secretary (Personnel-II).

Porvorim, 18th August, 2021.

———uuu———

Department of Power

Office of the Chief Electrical Engineer

Order

No. CEE/Estt-31-25-88/GPSC/AE(Civil)/1179

On the recommendation of Departmental

Promotion Committee as conveyed by the Goa

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 23

2ND SEPTEMBER, 2021

481

Public Service Commission vide letter No. COM/II/

/11/16(1)/2012/216 dated 10-08-2021, the

Government is pleased to promote the following

Junior Engineer (Civil) to the post of Assistant

Engineer (Civil), Group ‘B’ Gazetted in the Pay

Matrix Level 7 on regular basis, with immediate

effect and is posted at the place shown against her

name.

Sr.

Name of the

Place of posting

No.

officer

on promotion

Smt. Manisha A.

Sub-Division III, Vasco

Rajadhyaksha

under Division XVIII,

Ponda.

2.The officer shall be on probation for a period

of two years. She shall exercise the option for

fixation of pay under F.R-22(1)(a)(i) within one

month from the date of promotion.

By order and in the name of the Governor of

Goa.

Raghuvir G. Keni, Chief Electrical Engineer & ex

officio Addl. Secretary.

Panaji, 20th August, 2021.

———uuu———

Department of Public Health

Corrigendum

No. 11/3/89-IV/PHD/3(Part I)/1501

Read:

Order No. 11/3/89-IV/PHD/3(Part-I)/1156

dated 17-06-2021.

In the Government Order referred to above, the

name of doctor appearing as “Dr. Nigel Roque

Figueredo” shall be corrected to read as “Dr. Nigel

Roque Figueiredo.

Gautami S. Parmekar, Under Secretary (Health-I)/

/(Link).

Porvorim, 10th August, 2021.

———uuu———

Department of Public Works

Office of the Principal Chief Engineer

Order

No. 50-1/2021/PCE-PWD-Tech.Cell/150

Read: 1) No. 9.30/IDCO/2018-ARD/203 dated

03-07-2019.

2) No.

9/10/HLEC/2018-ARD

dated

03-07-2019.

3) No. 50/1/2019-20/PCE-PWD-Tech.Cell/

/216 dated 12-02-2020.

4) No. 50/1/2019-20/PCE-PWD-Tech.Cell/

/223 dated 01-04-2020.

5) No. 50/1/2020-21/PCE-PWD-Tech.Cell/

/102 dated 08-10-2020.

In partial modification to the above referred

orders, the area of Usgao Panchayat under the

jurisdiction of Valpoi Constituency are hereby

excluded and the same area included in Ponda

Constituency of below mentioned Sub-Divisions:

From SD-III, Div. XVI, Valpoi to SD-II, Div-XVI,

Ponda [Buildings].

From SD-II, Div. XXIV, Valpoi to SD-IV, Div-III,

Daag-Ponda [Water Supply].

From SD-II, Div.XXIII, Valpoi to SD-II, Div-XVIII,

Ponda [Roads].

U. P. Parsekar, Principal Chief Engineer (PWD).

Panaji, 10th August, 2021.

________

Order

No. 64/05/2021/PCE-PWD-ADM-II/157

Approval of the Government is hereby conveyed

for extension of deputation period in respect of Shri

Pradeep Gaude, Assistant Engineer of this

Department, presently posted in Sewerage &

Infrastructural Development Corporation of Goa

Ltd., Panaji-Goa for a period of one year from

01-08-2021 to 31-07-2022 on the same terms and

condition contained in O.M. No. 13/4/74/PER dated

12-2-1999 of the Department of Personnel,

Government of Goa, Secretariat, Porvorim as

amended from time to time.

By order and in the name of the Governor of

Goa.

Uttam P. Parsekar, Principal Chief Engineer &

ex officio Addl. Secretary (PWD).

Panaji, 23rd August, 2021.

________

Order

No. 34/2/2021/PCE-PWD-Tech.Cell/164

On the recommendation of the Departmental

Promotion Committee as conveyed by the Goa

Public Service Commission vide its letter No. COM/

/II/11/36(3)/2020/285 dated 25-08-2021, Government

is pleased to promote the following Assistant

Engineer/Assistant Surveyor of Works/Engineering

Assistant (Mechanical/Electrical) to the post of

Executive Engineer/Surveyor of Works (Mecha-

nical/Electrical), Group ‘A’, Gazetted in the pay scale

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 23

2ND SEPTEMBER, 2021

482

of Rs. 15,600-39,100 + G.P. Rs. .6,600/- (Level - 11 of

the 7th Pay Commission) in Public Works

Department on regular basis with immediate effect

and post them in the places shown against their

names below:

Sr.

Name of the

Place of posting

No.

officer

on promotion

1. Shri Lino J. Gonsalves

As Executive Engineer,

Division X, PWD, Margao

in the existing vacancy

thereby Shri S. Subhash

D. Parab, E.E. relieved

from the additional

charge.

2. Shri Rajendra G.

As Surveyor of Works,

Mayenkar

Circle Office VII, PWD,

Altinho, Panaji in the

existing vacancy.

They shall communicate their acceptance in

writing to this office within a period of one month

from the issue of this order, failing which it will be

presumed that they are not interested in the

promotion.

They shall be on probation for a period of two

years as per the Recruitment Rules.

They shall exercise their option for pay fixation

within a period of one month from the date of issue

of this order under F.R. 22(I)(a)(1).

Further, Shri Subhash Parab, EE, stands relieved

of additional charge of Division X, PWD, Margao

with immediate effect.

This is issued with the approval of the

Government.

By order and in the name of the Governor of

Goa.

Uttam P. Parsekar, Principal Chief Engineer &

ex officio Addl. Secretary (PWD).

Panaji, 26th August, 2021.

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