SERIES II No. 47

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

Reg. No. RNP/GOA/32/2024-2026

Panaji, 20th February, 2025 (Phalguna 1, 1946)

GOVERNMENT OF GOA

Department of Co-operation

Office of the Assistant Registrar of Co-operative

Societies

–––

Order

No. 23-40-83/ADT/ARSZ/CREDIT/2920

Read: 1)

Final report dated 22-12-2023 received

from liquidator of the Oriental Insurance

Employees Co-operative Credit Society

Ltd., Vasco-Goa.

Order dated 15-11-2024 terminating the

liquidation proceeding of the Oriental

Insurance Employees Co-operative Credit

Society Ltd., Vasco-Goa.

In exercise of powers vested in me under Section 19

of the Goa Co-operative Societies Act, 2001, I,

Monal Manerikar, Assistant Registrar of Co-operative

Societies, South Zone, Fatorda, Margao-Goa, hereby

in furtherance to the order referred at Sr. No. 2

above, cancel the registration of the Oriental

Insurance Employees Co-operative Credit Society

Ltd., bearing number 8-RES-(a)-9/South Goa/82 dated

26-10-1982.

The Society shall from the date of order of

cancellation, deemed to be dissolved and shall

cease to exist as corporate body.

Monal Manerikar, Asstt. Registrar Co-op.

Societies, South Zone, Fatorda.

Margao, 24th January, 2025.

Notification

In exercise of the powers vested in me under

Section 8 of the Goa Co-operative Societies Act, 2001,

“Priol Shetkari Vikas Co-operative Multipurpose Primary

Agriculture Credit Society Ltd., Akar Road, Mardol,

Priol, Goa”-Goa is registered under code symbol No.

RCSPZ2024250056.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 29th July, 2024.

Certificate of Registration

“Priol Shetkari Vikas Co-operative Multipurpose

Primary Agriculture Credit Society Ltd., Akar Road,

Mardol, Priol, Goa”-Goa has been registered on

29-07-2024 and its bears registration code symbol

No. RCSPZ2024250056 and its classified as “Resource

Society” under sub-classification “No. 10-(c)-Service

Resource Society” in terms of Rule 8 of the Goa

Co-operative Societies Rules, 2003.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 29th July, 2024.

—–––––—

Notification

In exercise of the powers vested in me under

Section 8 of the Goa Co-operative Societies Act, 2001,

“Enchanting Greens B4 Co-operative Housing

Maintenance Society Ltd., Lane-8, Khadpaband,

Ponda”-Goa is registered under code symbol No.

RCSPZ2024250057.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 08th August, 2024.

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

987

Note:- There are two Extraordinary issues to the Official

Gazette, Series II No. 46 dated 13-02-2025 as follows:

(1) Extraordinary dated 18-02-2025 from pages

979 to 984 regarding Orders and Notifications

from Goa State Election Commission.

(2) Extraordinary (No. 2) dated 19-02-2025 from

pages 985 to 986 regarding Notification from

Goa Legislature Secretariat.

988

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

Certificate of Registration

“Enchanting Greens B4 Co-operative Housing

Maintenance Society Ltd., Lane-8, Khadpaband

Ponda”-Goa has been registered on 08-08-2024 and

its

bears

registration

code

symbol

No.

RCSPZ2024250057 and its classified as “Co-operative

Housing Society” under sub-classification “No. 7-

-(d)-Co-operative Housing Maintenance Society”

in terms of Rule 8 of the Goa Co-operative Societies

Rules, 2003.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 8th August, 2024.

—–––––—

Notification

In exercise of the powers vested in me under

Section 8 of the Goa Co-operative Societies Act,

2001, “Hum De One Co-operative Housing

Maintenance Society Ltd., Hum De One, Silva

Nagar”-Goa is registered under code symbol No.

RCSPZ2024250059.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 16th October, 2024.

Certificate of Registration

“Hum De One Co-operative Housing

Maintenance Society Ltd., Hum De One, Silva

Nagar”-Goa has been registered on 16-10-2024 and

its

bears

registration

code

symbol

No.

RCSPZ2024250059 and its classified as “Co-operative

Housing Society” under sub-classification “No. 7-

-(d)-Co-operative Housing Maintenance Society”

in terms of Rule 8 of the Goa Co-operative Societies

Rules, 2003.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 16th October, 2024.

—–––––—

Notification

In exercise of the powers vested in me under

Section 8 of the Goa Co-operative Societies Act,

2001, “Sadashiv Towers Co-operative Housing

Maintenance Society Ltd., Sadashiv Towers Ponda-

-Goa”-Goa is registered under code symbol No.

RCSPZ2024250060.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 21st October, 2024.

Certificate of Registration

“Sadashiv Towers Co-operative Housing Maintenance

Society Ltd., Sadashiv Towers, Ponda-Goa”-Goa has been

registered on 21-10-2024 and its bears registration code

symbol No. RCSPZ2024250060 and its classified as “Co-

-operative

Housing

Society”

under

sub-

-classification “No. 7-(d)-Co-operative Housing

Maintenance Society” in terms of Rule 8 of the Goa

Co-operative Societies Rules, 2003.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 21st October, 2024.

—–––––—

Notification

In exercise of the powers vested in me under

Section 8 of the Goa Co-operative Societies Act, 2001,

“Codli

Co-operative Multipurpose

Primary

Agriculture Credit Society Ltd.”, Codli, near Somnath

Temple, Dharbandora-Goa is registered under code

symbol No. RCSPZ2024250061.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 29th November, 2024.

Certificate of Registration

“Codli Co-operative Multipurpose Primary

Agriculture Credit Society Ltd.”, Codli, near Somnath

Temple, Dharbandora-Goa has been registered on

29-11-2024 and its bears registration code symbol No.

RCSPZ2024250061 and its classified as Resource Society

under sub-classification No. 10-(c)-Service Resource

Society in terms of Rule 8 of the Goa Co-operative

Rules, 2003.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 29th November, 2024.

—–––––—

Notification

In exercise of the powers vested in me under

Section 8 of the Goa Co-operative Societies Act, 2001,

“Shivdurga Co-operative Multipurpose Primary

Agriculture Credit Society Ltd.”, Shirshire, Bori,

Ponda-Goa is registered under code symbol No.

RCSPZ2024250062.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 13th January, 2025.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

989

Certificate of Registration

“Shivdurga Co-operative Multipurpose Primary

Agriculture Credit Society Ltd.”, Shirshire, Bori,

Ponda-Goa has been registered on 13-01-2025 and

its

bears

registration

code

symbol

No.

RCSPZ2024250062 and its classified as Resource

Society under sub-classification No. 10-(c)-Service

Resource Society in terms of Rule 8 of the Goa

Co-operative Rules, 2003.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 13th January, 2025.

——————

Department of Finance

Directorate of Accounts

–––

Order

No. DA/Admn/46-2(171) (part)/2024-25/TR-376/452

Whereas, on the recommendation of the Goa

Public Service Commission as conveyed vide its

letter No. COM/II/11/1(1)/2019/564 dated 22-03-2022

on opening of the sealed cover of the DPC held on

10-08-2016, Shri Victorino Salvador Colasso was

promoted vide Order No. DA/Admn/46-2(171) (Part)/

/2022-23/TR-1083/146 dated 02-08-2022 to the post

of Dy. Director of Accounts/Accounts Officer (Group

“A” Gazetted) in Level 10 of the Pay Matrix (i.e. Pay

Band PB-3 Rs. 15600-39100, Grade Pay Rs. 5400/-

pre-revised) on regular basis with effect from

08-09-2016 with all other consequential benefits

flowing there from as per O.M. dated 14-09-1992

issued by the Government of India, Ministry of

Personnel, Public Grievances and Pensions,

Department of Personnel & Training, New Delhi.

And whereas, as a result, Shri Colasso was

allotted seniority in the seniority list of Dy. Director

of Accounts/Accounts Officer as per the position

allotted to him at the DPC meeting held on 10-08-2016

thus placing him below the name of Shri Agnelo

I. D. Machado and above the name of Shri Kisan

Gaude vide Memo No. DA/Admn/46-11 (Vol-II)/2022-

-23/TR-1826/229 dated 19-10-2022 and later revised

w.e.f. 08-09-2016 vide Memo No. DA/Admn/46-

-11(Vol-II)/2024- 25/TR-199/207 dated 25-09-2024.

And whereas, in the meantime Shri Colasso was

promoted to the post of Joint Director of Accounts

vide Order No. DA/Admn/45-1/2023-24/TR-529/32

dated 12-05-2023 (Group “A” Gazetted) in Level 11

of the Pay Matrix (i.e. Pay Band PB-3 Rs. 15600-39100,

Grade Pay Rs. 6600/- pre-revised) on regular basis

based on the recommendation of the Goa Public

Service Commission as conveyed vide its letter

No. COM/II/11/1(1)/2022/118 dated 10-05-2023, as

per the seniority of the post of Dy. Director of

Accounts existing that point of time as pending

opening of his sealed cover of the DPC held on

10-08-2016, Shri Colasso was promoted to the post

of Dy. Director of Accounts/Accounts Officer with

effect from 10-02-2020 vide Order No. DA/Admn/45-

-2/2021-22/TR-494/81 dated 30-06-2021 in view of the

Judgment dated 08-02-2021 passed by the Hon’ble

High Court of Bombay at Goa in the Writ Petition

No. 76 of 2021. He joined to the post of Joint Director

of Accounts on 15-05-2023 (b.n.).

And whereas, Shri Colasso made representation

dated 12-07-2021 seeking promotion to the post of

Joint Director of Accounts with effect from the date

of promotion of his juniors to the post of Joint

Director of Accounts as his junior Shri Kisan Gaude

was promoted to the post of Joint Director of

Accounts vide order No. DA/Admn/45-1/2020-21/TR-

-723/60

dated

22-07-2020

per

the

recommendation of the GPSC vide its letter No.

COM/II/11/1(1)/2017/583 dated 16-07-2020 based on

DPC held on 16-07-2020.

And whereas, as per the approval of the

Government, a supernumerary post of Joint Director

of Accounts was created vide Order No. DA/Admn/

/46-2(171)(Part)/2023-24/TR-2863/241 dated 21-11-2023

to accommodate pay and allowances of Shri Colasso

with effect from the date of promotion of his junior

to the post of Joint Director of Accounts i.e. 22-07-2020

till the date of actual promotion to the post of Joint

Director of Accounts i.e. 14-05-2023 which was

dependent on GPSC’s recommendation.

And whereas, vide Order No. 1/6/RR/Relax/2022-

-PER/5069 dated 02-12-2024, relaxation in qualifying

service required to fulfil the eligibility conditions

was granted to Shri Victorino Salvador Colasso for

considering him for promotion to the post of Joint

Director of Accounts in the Directorate of Accounts

by holding a review DPC of DPC held on 16-07-2020.

And whereas, as per the approval of the

Government, Goa Public Service Commission was

requested vide letter No. DA/Admn/45-1/2024-25/341

dated 26-12-2024 to hold review DPC of the DPC

meeting held on 16-07-2020 for considering of

promotion of Shri Colasso to the post of Joint

Director of Accounts with effect from 22-07-2020.

And whereas, vide letter No. COM/II/11/1(1)/

/2022/396 dated 04-02-2025, the Goa Public Service

Commission informed that the review DPC of the

DPC held on 16-07-2020 is fixed on 06-02-2020.

990

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

And whereas, the Goa Public Service Commission

vide its letter No. COM/II/11/1(1)/2022/403 dated

07-02-2025 has recommended Shri Colasso fit for

promotion to the post of Joint Director of Accounts

(Group ‘A’ Gazetted post) along with other officers

who were promoted to the post of Joint Director of

Accounts in the DPC held on 16-07-2020.

And whereas, the recommendation of the Goa

Public Service Commission has been approved by

the Government vide U.O. No. 9118/F dated

11-02-2025.

Now therefore, in view of the recommendation of

the Goa Public Service Commission as conveyed

vide its letter No. COM/II/11/1(1)/2022/403 dated

07-02-2025 on review DPC of the DPC held on

16-07-2020, the Government is pleased to promote

Shri Victorino Salvador Colasso to the post of Joint

Director of Accounts (Group “A” Gazetted) in Level 11

of the Pay Matrix (i.e. Pay Band PB-3 Rs. 15600-39100,

Grade Pay Rs. 6600/- pre-revised) on regular basis

with effect from 22-07-2020 with all other

consequential benefits flowing therefrom as per

O. M. dated 14-09-1992 issued by the Government of

India, Ministry of Personnel, Public Grievances and

Pensions, Department of Personnel & Training, New

Delhi.

And whereas, Shri Colasso shall be eligible for

fixation of his pay in the pay scale of the promotional

post i.e. Joint Director of Accounts with effect from

22-07-2020 by exercising option under FR 22 (I)(a)(1)

within one month from the date of issue of this

order. He shall also be eligible for arrears of pay

with effect from 22-07-2020 to 14-05-2023 (i.e. date

of his actual promotion to the post of Jt. Director of

Accounts) which shall be debitable to the Head of

Accounts

2054—Treasury

and

Accounts

Administration; 00—095—Directorate of Accounts

and Treasuries; 01—Directorate of Accounts;

01—Salaries under Demand No. 08.

Shri Colasso shall continue to work at his present

place of posting i.e. Directorate of Accounts, South

Branch Office, Margao-Goa as per order dated

11-12-2024.

By order and in the name of the Governor of

Goa.

Dilip K. Humraskar, Director of Accounts &

ex office Joint Secretary.

Porvorim, 14th February, 2025.

Department of Labour

––

Notification

No. 28/02/2025-LAB/Part-II/102

The following Award passed by the Labour

Court-II, at Panaji-Goa on 14-01-2025 in Case No.

Ref. LC-II/IT/6/2004 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, 4th February, 2025.

––––

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. Ref. LC-II/IT/6/2004

Shri Ghanashyam Gaude,

Rep. by Goa MRF Employees Union,

Saidham, Dhavlimol,

P.O. Keulem,

Ponda-Goa

…… Workman/Party-I.

V/s

M/s. MRF Ltd.,

Usgao, Ponda-Goa …… Employer/Party-II.

Workman/Party-I represented by Ld. Adv. Shri S.

Narvekar.

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

Sardessai.

Panaji, Dated: 14-01-2025.

–––––

AWARD

1. 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), the

Government of Goa, by Order dated 27-11-2017,

bearing No. 28/51/2016-LAB/814, referred the

following dispute for adjudication to the Industrial

Tribunal of Goa, constituted under Section 7-A of

the said Act. By Government Order No. 28/2/2011-

-Lab/86 dated 09-02-2016 the present reference is

transferred to Labour Court-II, Panaji-Goa.

“(1) Whether the action of the management of M/s.

MRF Limited, Usgao, Ponda-Goa, in terminating

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

991

the services of Shri Ghanashyam Gawde,

Workman, w.e.f. 27-05-2002 is legal and

justified?

(2) If not, what relief the Workman is entitled to?”

2. On receipt of the reference, a case was

registered under No. LC-II/IT/06/2004 and

registered A/D notice was issued to the Parties. In

pursuance to the said notice, the Parties put in

their appearance. The Workman/Party-I (for short

‘Workman’), was represented by Goa MRF

Employees Union (for short, “said Union”). The

Union filed its Statement of Claim on behalf of the

Workman on 28-04-2004 at Exb-4. The facts of the

case in brief as pleaded by the Union are that the

Workman was appointed by the Employer/Party-II

(for short, “Employer”). The Union stated that the

Employer is a limited company incorporated under

the Companies Act, 1956. The Union stated that the

Employer is engaged inter-alia in the manufacture

of tyres and has several factories all over India. The

Union stated that the Employer employs a very large

workforce thereat. The Union stated that since the

formation of the Union, the Employer has been

attentive to disrupt the unity of the Workmen

employed and who are members of the Union. The

Union stated that there has been large scale

harassment and victimization of its office bearer

and its other members due to their legitimate Trade

Union activities. The Union stated that by letter

dated 28-04-2001, the said Workman was illegally

and unjustifiably suspended pending enquiry and

final orders, the provisions of Section 33 of the ID

Act not having been complied with. The Union

stated that the Workman was not given any

opportunity to reply to the Order. The Union stated

that the Order was also signed by an unidentified

person who the Workman believes to be

incompetent to sign the same. The Union stated

that thereafter the Workman was issued a charge-

sheet dated 30-01-2004 which was illegal at law.

The Union stated that it was based totally on

concocted charges solely to victimize him for his

Union activities. The Union stated that the charge-

-sheet was based on the allegation that the

management was convinced beyond reasonable

doubt that the Workman had deliberately slowed

production for the period from 13-03-2001 to

21-03-2001 and this assumption of the management

was based on a purported normal level tyre

production. The Union stated that the basis on

which the management had said the figures of

normal level tyre production was not explained. The

Union stated that the dates of the warning letters

mentioned in the charge-sheet were prior to the

dates for which the Workman was charge-sheeted.

The Union stated that the charges mentioned in the

charge-sheet did not concur with the facts stated

out in the charge-sheet. The Union stated that the

misconducts alleged, even if proved, would not be

grave enough to warrant the punishment of

dismissal from service. The Union stated that no

documents accompanied the charge-sheet hence,

the Workman was unable to effectively prepare a

reply to the said charge-sheet. The Union stated

that by letter dated 03-05-2001, the Workman sought

time to reply to the charge-sheet dated 30-04-2001.

The Union stated that thereafter on 10-05-2001, in

reference to the aforesaid charge-sheet, the

Workman denied the charges alleged against him.

The Union stated that the Workman also called

upon the management to supply him with details of

size of the tyre, percentage of production

constituting normal production in each size, copy

of confirmation of normal production of 14 tyres as

fixed by the management and the I.E.D. standards

and calculations/working of the same. The Union stated

that without giving the Workman sufficient time, to

give his detailed reply and also without supplying

the documents sought by him which would have

enabled him to effectively reply to the charge-sheet,

the management construed the same as an

unsatisfactory reply. The Union stated that by letter

dated 15-05-2001 sent a notice of enquiry to be held

on 01-06-2001. The Union stated that the punishment

of the management was thus predetermined. The Union

stated that this action of management severely

prejudiced the Workman’s right at the outset by

denying him a reasonable opportunity to reply to

the charge-sheet and further tantamounted to

violation of the rules of natural justice where at the

Workman was called upon to answer the charges

based on facts and figures without supplying the

said Workman any working or material towards the

said facts and figures. The Union stated that the

first enquiry was held on 01-06-2001. The Union

stated that the appointment letter of the Ld. Enquiry

Officer and the M.R. were both signed by

unidentified persons whom the workers believes to

be incompetent to do so. The Union stated that

since no documents were supplied to the Workman

earlier, due to which he was unable to prepare an

effective reply, the said Workman made another

request to the Ld. E.O. to direct the management to

provide the necessary documents so that he could

prepare his defense effectively. The Union stated

that the procedure of the enquiry was also not

explained to the Workman clearly. The Union stated

that the workers request to be assisted by Mr. Puti

Gaonkar was also denied. The Union stated that on

992

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

15-06-2001, the said Workman once again requested

the management to furnish him with information

which he has requested before, vide his letter dated

01-06-2001.

3. The Union stated that on 19-6-2001, the

documents sought for were still not produced. The

Union stated that the M.R. produced warning

letters. However, these letters pertain to periods

prior to the said charge sheet and hence are

irrelevant. The Union stated that they were also

signed by unidentified persons believed to be

incompetent to sign them. The Union stated that

though the Workman objected to their admission,

they were still admitted. The Union stated that the

enquiry scheduled for 09-07-2001 was adjourned on

request of the M.R. who gave no reason for the

same. The Union stated that the next date of the

next enquiry was fixed without even considering

the convenience of the Workman.

4. The Union stated that on 16-07-2001, the Ld.

Enquiry Officer allowed the Management

Representative to produce several irrelevant

documents on which there were no allegations in

the charge-sheet. The Union stated that on

19-04-2001, the said Workman was called by the

Management Representative to the conference

room. The Union stated that the Workman was

threatened by the Senior General Manager, Mr. E.M.

Mathai that if he did not sign and accept a

purported settlement dated 14-04-2001 which was

allegedly signed by the Goa MRF Union, the

Employer would dismiss him from service, under

fear and threat. The Union stated that the Workman

signed an undertaking of acceptance of the terms

of the purported settlement. The Union stated that,

however, soon thereafter, on realizing the nature of

the document, he had signed, the Workman

informed the Management that he withdrew his

consent after which the Employer promptly

suspended the Workman on 28-04-2001. The Union

stated that the Workman was issued an illegal

charge-sheet on 30-04-2001, obviously to coerce and

pressurize the Workman into accepting the terms

and withdrawing his letter dated 12-05-2001. The

Union stated that on 06-08-2001, the Workman

requested the management to furnish him with

certain documents i.e. performance review indicted

during the period from 22-02-99 to 09-03-99 in the

warning letter dated 10-03-99, Annexure-I of the

extract of the relevant pages of the settlement dated

14-4-01 and details of the advance given. The Union

stated that these documents would help him

prepare his defense they were however not supplied

to the Workman. The Union stated that on

08-08-2001, the documents sought for by the

Workman were still not produced. The Union stated

that on 10-08-2001, the Workman requested for the

following documents: a) terms of settlement, b) Page

No. 13-letter dated 11-09-96 pertaining to charter of

demands, c) plant bonus/UPB-clause b. The Union

stated that the Management however refused to

provide him with the said documents. The Union

stated that the enquiry was also adjourned at the

instance of the management without considering

the convenience of the Workman. The Union stated

that on 21-8-2001, the worker issued a letter to the

Ld. E.O. requesting him to direct the Management

to furnish the documents, which he had requested

for before, as their non-production was seriously

prejudicing his case since he required them to

prepare his defense. The Union stated that the Ld.

E.O. however, refused to give any such direction to

the management, thus displaying an obvious bias

towards the management. The Union stated that

despite the fact that the necessary documents were

not produced the Workman was forced to go on

with the enquiry. The Union stated that the enquiry

proceedings were thus conducted with no regard

to the principles of natural justice.

5. The Union stated that on 11-09-2001, the

Workman asked the management to provide him

with the standard of 12.20 size running at the time

the MR came to tyre building as well as a copy of

the study carried out by the IED on 12.20 SLX8 size.

The Union stated that as usual the documents

called for were not produced and the Workman had

to proceed with the enquiry without being

furnished with the necessary information which

would help him in his defense. The Union stated

that on 25-01-2001 the Workman’s request to

produce Mr. Rohidas Naik as his witness was denied.

The Union stated that throughout the enquiry

proceeding the Ld. E.O. displayed a bias in favour

of the Management. The Workman was never

furnished with the documents he requested for,

neither was he allowed to produce a witness of his

choice. It is thus evident that he was denied a fair

hearing.

6. The Union submits that the termination of the

said Workman is illegal on the following amongst

other grounds which are set out hereinafter without

prejudice to one another. The Union submits that

the charge-sheets issued against the said Workman

were ex-facie illegal and untenable at law. The

Union submits that the said Workman was severely

prejudiced by his illegal and unjustified suspension.

The Union submits that the said Workman was

severely prejudiced of effectively replying to the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

993

said charge-sheet. The Union submits that the

enquiry was held by the Ld. Enquiry Officer who

was clearly biased against the Workman members.

The Union submits that relevant documents were

suppressed and not supplied inspite of the same

being in the possession of the management and

inspite of being sought by the said Workman

thereby severely prejudicing the said Workman in

his attempt to reasonably defend himself. The Union

submits that the said Workman was not allowed to

be defended by a person of his choice. The Union

submits that the charge-sheet and suspension orders

were not signed by persons authorized to do so. The

Union submits that the proceedings of the enquiry

were clearly in violation of the rules of natural

justice and therefore unfair. The Union submits that

the findings of the Ld. Enquiry Officer were perverse

and not based on the evidence before him. The

Union submits that the said Workman was denied

an opportunity of giving his explanation against

the findings of the Ld. Enquiry Officer and thereby

severely prejudicing him. The Union submits that

no extenuating circumstances were seen and the

punishment was based on alleged past miscounts

which were not proved. The Union submits that

there was no evidence on record whatsoever to

substantiate the charges leveled against the said

Workman. The Union submits that clearly from the

conduct of the Party II the charge-sheet and

dismissal was an act of victimization as is evident

from the Workman’s refusal to accept the terms of

the purported settlement, which was reflected in

his letter dated 12-05-2001. The Union submits that

no list of witnesses was provided. The Union

submits that the charges mentioned in the charge-

sheet did not tally with the facts alleged against

the said Workman showing clear malafide by the

Company and non-application and bias on part of

the Ld. Enquiry Officer by coming to a conclusion

that the charges were proved.

7. The Union stated that the termination of the

said Workman has been resorted to by the company

to victimize the said Workman for his legitimate

trade Union activities. The Union stated that the

penalty of termination of service is grossly

disproportionate to the charges on which the

termination is based. The Union stated that the they

have made out a prima facie case in support of its

demand for reinstatement of the said Workman with

full back wages and continuity of service. It further

submitted that the Union has also made out a prima

facie case for monetary compensation for the mental

torture undergone by the said Workman and his

family as set out in the demand letter to the

company.

8. The Union stated that since the termination of

the services of the Workman was clearly illegal, the

Union by letter dated 27-05-2002, forwarded the

following demands that Mr. Ghanshyam Gaude

reinstated in service from 27-05-2002 with full back

wages and continuity of service and that Mr.

Ghanshyam Gaude be given compensation

amounting to two days wages for every one day of

enforced unemployment in view of the mental

torture caused to Mr. Ghanshyam Gaude and to his

family.

9. The Union stated that since the demand letter

was not replied to by the company, by letter dated

04-06-2003, the said Workman was constrained to

approach the office of the Labour Commissioner to

take the matter in conciliation. The Union also

submitted a justification statement along with the

said letter dated 04-06-2003. The Union stated that

the conciliation proceedings ended in failure of

conciliation. The Union therefore prayed that the

action of the Employer Company is nothing short of

unfair labour practices and victimization and further

it is illegal, improper, bad in law, unjustified and

also malafide. The Union therefore prayed that the

Employer be directed reinstate the Workman with

continuity in service along with full back wages

and other payment of compensation at the rate

demanded for causing mental and physical torture

and further directed to grant permanent status to

the Workman from 18-06-1993 with all benefits

accruing to him.

10. The Employer controverted the claim of the

Workman by filing its written statement on

09-06-2009 at Exb. 5. The Employer, as and by way

of its preliminary objections, submitted that the

present reference is made without application of

mind and bad in law, that the concerned Union has

no locus standi to raise the present dispute and

that the signatory to the claim statement is not

authorized to raise any dispute on behalf of the

Workman.

11. The Employer stated that it is a company

engaged in the manufacturing of tyres and has its

factory at Usgao, Ponda, Goa. The Employer

admitted that they have employed the Workman as

an “Operator” in the production section. The

Employer stated that the Workman was charge-

-sheeted via charge sheet dated 30-04-2001 stating

that “despite our warning letter dated 10-03-1999,

13-05-1999 and dated 10-03-2001 issued to you for

your deliberate restriction/slowing down of

production output in tyre building department to

below the normal level of output of the department,

994

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

it has been once again reported against you that

you continuing to restrict/slow down your work

performance to below your normal level deliberately

and without any assignable reasons while working

as a tyre builder in tyre building department.”

It is alleged that we give below your performance

for the period from 13-03-2001 to 21-03-2001.

Date/Shift

M/c No.

Tyre

Normal Level

produced

(Tyres)

13-03-2001/III

49SB

14-03-2001/III

49SB

16-03-2001/III

49SB

17-03-2001/III

49SB

19-03-2001/II

49SB

20-03-2001/II

49SB

21-03-2001/II

49SB

It is alleged that in the above circumstances, the

Management is convinced beyond any reasonable

doubt that you have deliberately slowed down

production without any justified reasons.

It is further alleged that your acts therefore, as

above as alleged to have been committed by you if

proved amounts to gross misconduct under terns II,

XX, L and LII of Clause 21 of the Certified Standing

Orders in force in the company which read as

follows:

Clause 21 Item II: Striking work either single or

with other workmen in contravention of these

standing orders, any statute law, rule or enactment

for the time being in force or that may be framed

from time to time or inciting any Workman to strike

work.

Clause 21 Item XV: Malingering or slowing down

of work alone or in combination with other workmen

and includes stoppage of work in violation of

company’s rules and regulations.

Clause 21 Item XX: Failure to perform his normal

duties and/or responsibilities any other work for

which her has the basic skills or may be trained by

the company from time to time.

Clause 21 Item L: Habitual breach of any

provisions of the standing orders or any law

applicable to the company or any rules or orders or

instructions for the maintenance and the working

of any department.

Clause 21 Item LII: Any act subversive of

discipline. And with which you are charged.

12. The Employer stated that by order of

suspension pending the enquiry and final orders

dated 28-04-2001, the Workman was placed under

suspension for specific reasons as spelt out in the

said suspension order. The Employer stated that an

enquiry was conducted in respect of the aforesaid

charge-sheet by Shri Oscar Colaco who was

appointed to act as the Ld. Enquiry Officer by letter

dated 14-05-2001. The Employer stated that Shri F.

Lawrence represented the management in the

enquiry by his appointed letter dated 14-04-2001

and Ld. E.O. and M.R. were appointed by a

competent authority. The Employer stated that the

enquiry commenced on 01-06-2001 on which day

the plea of the charge-sheeted Workman was

recorded. The Employer stated that the Workman

declined to accept the charges levelled against him.

The Employer stated that thereafter the Ld. Enquiry

Officer explained the procedure to be adopted at

the enquiry and the same was recorded. The

Employer stated that the Workman sought the

assistance of one Mr. Puti Gaonkar to represent him

at the enquiry. The Employer stated that the Ld.

Enquiry Officer however disallowed the request on

the ground that the said person was not a co-worker

of the Workman which was a pre-requisite for

permitting representation at the enquiry. The

Employer stated that the enquiry thereafter was

adjourned to allow the Workman to arrange for a

co-worker. The Employer stated that the Workman

was represented by Shri K. M. Utthappa. The

Employer stated that the Workman desired to

examine one Mr. Rohidas Naik as his defense

witness, however he was unable to justify as to why

he desires to examine a person who was dismissed

by them for committing certain acts of misconduct.

The Employer stated that neither was the Workman

able to justify as to the relevancy of the evidence of

a dismissed person in relation to the charges

levelled against him. The Employer stated that the

Workman thereafter sought time to examine one

Shri Prakash Barde, a Workman from his own

department and the same was allowed. The

Employer stated that the Ld. Enquiry Officer in his

findings dated 20-03-2002 and upon appreciating

the material placed in the enquiry by both the

parties held the Workman guilty of the charges

spelt out in the charge-sheet. The Employer stated

that a reasonable opportunity was afforded to the

Workman to present his defense at every stage of

the enquiry. The Employer stated that Ld. Enquiry

Officer followed a fair and proper procedure during

the conduct of the enquiry. The Employer stated

that the enquiry was fair and proper and was

conducted in accordance with the principles of

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

995

nature justice. The Employer stated that Ld. Enquiry

Officer gave reasoned findings on the basis of which

any prudent person would come to the conclusion

that the Workman was guilty of the charges levelled

against him. The Employer stated that they

considered the findings of the Ld. Enquiry Officer

and concurred with the same. The Employer stated

that they also considered the past service records

of the Workman and did not find any extenuating

circumstances. The Employer stated that

considering the gravity and seriousness of the

proved misconduct, they dismissed the Workman

from its services. The Employer therefore submitted

that the dismissal of the Workman is legal and

justified. The Employer submitted that they may be

permitted to lead fresh evidence in this Hon’ble

Tribunal in the event the present enquiry is held to

be vitiated on any grounds. The Employer submitted

that disciplinary action was taken against the

Workman after conducting an enquiry and therefore

no malafides can be attributed to such disciplinary

action. The Employer submitted that in any event

the said Workman was not a member of the

disputing Union nor the said Union entitled to raise

any dispute on behalf of the Workman. The Employer

stated that prior to the present charge-sheet, the

Workman was warned for similar misconduct and

was advised to refrain from such misconduct. The

Employer submitted that the Workman was given

every considerable opportunity to defend the

charges at the enquiry. The Employer submitted

that the Workman was represented by a person of

his choice. The Employer submitted that the charge-

sheet as well as the suspension order of the

Workman was signed by Mr. Micheal Riberro, its

Plant Manager who was competent to do so. The

Employer submitted that the findings of the Ld.

Enquiry Officer are based on material on records.

The Employer submitted that the Workman was not

concerned in the pending dispute No. IT-33-97. The

Employer submitted that the present reference

referring the dispute for adjudication is made

without application of mind and therefore tenable

at law. The Employer, therefore, prayed that the

present reference deserves to be rejected summarily.

13. Thereafter, the Union filed its rejoinder on

14-07-2004 at Exhibit 6. The Union, as and by way

of its rejoinder, denied each and every statement,

averments and submissions made by the Employer

vide their Written Statement filed in the present

proceedings and reiterates and confirms statements,

averments and submissions made by him in his

statement claim.

14. Based on the pleadings filed by the respective

parties, the Hon’ble Presiding Officer, Industrial

Tribunal, Panaji-Goa framed following issues on

04-08-2004 at Exb. 7.

1. Whether the Party-I/Union proves that it has

locus standi to raise dispute on behalf of the

Workman?

2. Whether the Party-I/Union proves that the

domestic enquiry held against the Workman is

not fair and proper?

3. Whether the charges of misconduct levelled

against the Workman proved to the

satisfaction of the Tribunal by acceptable

evidence?

4. Whether the Party-I/Union proves that the

termination of service of workman by the Party

II is malafide and by way of victimization?

4-A. Whether the Party-I/Union proves that the

Party-II did not follow mandatory provisions of

Section 33(2) (b) of the I.D. Act, 1947, be

dismissing the Workman from service?

5. Whether the Party-I/Union proves that the

action of the Party II in terminating the services

of the workman w.e.f. 27-05-2002 is illegal and

unjustified?

6. Whether the workman is entitled to any relief?

7. What order? what Award?

14. My answers to the aforesaid issues are as

follows:

1. Issue No. 1

In the negative.

2. Issue No. 2

In the negative.

3. Issue No. 3

In the affirmative.

4. Issue No. 4A

In the negative.

5. Issue No. 4 & 5

In the negative.

6. Issue No. 6 & 7

As per final order.

I have heard the oral arguments of Ld. Adv. Shri

Shah h/f Adv. Shri. S. Narvekar appearing for the

Union as well as Ld. Adv. Shri G.K. Sardessai

representing the Employer.

REASONS

15. Issue No. 1: Vide order dated 06-06-2024

passed in my findings on the preliminary issue

No. 1, I have discussed and come to the conclusion

that the Union has no locus standi to raise the

present dispute on behalf of the Workman. The issue

No. 1 is therefore answered in the negative.

16. Issue No. 2: Vide order dated 06-06-2024

passed in my findings on the preliminary Issue

996

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

No. 2, I have discussed and come to the conclusion

that the domestic inquiry held against the Workman

is fair and proper. The Issue No. 2 is therefore

answered in the negative.

17. Issue No. 3: Vide order dated 06-06-2024

passed in my findings on the preliminary Issue

No. 3, I have discussed and come to the conclusion

that the charges of misconduct levelled against the

Workman are proved to the satisfaction of the

tribunal by acceptable evidence. Therefore the Issue

No. 3 is answered in the affirmative.

18. Issue No. 4A: Vide order dated 06-06-2024

passed in my findings on the preliminary Issue No.

4A, I have discussed and come to the conclusion

that the union failed to prove that the Employer did

not follow the mandatory provisions of Section 33(2)

(b) of the I. D. Act, 1947 before dismissing the

Workman from services. The Issue No. 4A is therefore

answered in the negative.

19. Issue No. 4 & 5: Vide order dated 06-06-2024

passed in my findings on the preliminary Issue No. 1,

I have discussed and come to the conclusion that

the union has no locus standi to raise the present

dispute of termination of services of the Workman

and that the union is not authorized to raise any

dispute of termination of services of the Workman.

The Issue No. 4 & 5 are answered in the negative.

20. Issue No. 6: While deciding the Issue No. 5,

I have discussed and come to the conclusion that

the action of the Employer in terminating the

services of the Workman w.e.f. 27-5-2002 is legal and

justified. The Workman is therefore not entitled to

any relief. The Issue No. 6 is therefore answered as

per final order.

In view of above, I pass the following order:

ORDER

1. It is held that the Union has no locus standi to

raise the present reference, the action of the

management of the Employer in terminating

the services of the Workman w.e.f. 27-5-2002 is

legal and justified.

2. The Workman Shri Ghanashyam Gawde is not

entitled to any relief.

No order as to cost.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar)

Presiding Officer,

Labour Court-II.

Notification

No. 28/02/2024-LAB/Part-II/640

The following Award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

06-09-2024 in Case Ref. No. IT/11/2020 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, 15th October, 2024.

––––

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Mrs. Vijayalaxmi Shivolkar, Presiding Officer)

Ref. No. IT/11/2020

The Managing Director,

M/s. Pentair Water India Pvt. Ltd.,

Plot No. L-52-55,

Verna Industrial Estate,

Verna, Salcete-Goa

.... Employer/Party-I.

V/s

Workmen, Rep. by

The President,

Pentair Employees’ Union,

Reg. No. 517, F-1, 2nd Floor,

Above District Consumer Forum,

Maharashtra Bank,

Porvorim-Goa .… Workmen/Party II.

Employer/Party I represented by Learned Adv. Shri M.

S. Bandodkar.

Workmen/Party II represented by Learned Adv. Shri

Tarzan De Costa.

AWARD

(Delivered on this the 6th day of the month of

September of the year 2024)

This Tribunal is in receipt of the reference No.

28/8/2020-LAB/835 dated 19-06-2020 from the

Government of Goa in exercise of the powers

conferred by Clause (d) of sub-section (1) of Section 10

of Industrial Dispute Act, 1947 (Central Act of 1947)

for adjudication of Industrial dispute between the

Management of M/s Pentair Water India Private

Limited, Verna, Goa and its Workmen represented

by the Pentair Employees Union in respect of the

matter specified in the Schedule hereto.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

997

SCHEDULE

(1) “Whether the action of the Pentair Employees

Union, Reg. No. 517, F-1, 2nd Floor, above

District Consumer Forum, Maharashtra Bank,

Porvorim-Goa, in not conceding the following

demands raised by the management of M/s.

Pentair Water India Private Limited, Plot

No. L-52-55, Verna Industrial Estate, Verna,

Goa, is legal and justified?

Demand No. 1. (a) Plant break timing is proposed:-

The shift-wise break timing for the plant will be

as follows:-

Break

Canteen

Duration of break

timing

per person (workstation

leaving to reporting

back to work

station)

Breakfast

10.30 a.m. to

15 minutes.

(I Shift)

11.15 a.m.

Lunch

12.30 p.m. to

25 minutes.

(I Shift)

2.30 p.m.

Tea Break

06.30 p.m. to

15 minutes.

(II Shift)

07.15 p.m.

Dinner

08.45 p.m. to

25 minutes.

(II Shift)

10.15 p.m.

Tea Break

02.30 a.m. to

20 minutes.

(III Shift)

03.15 a.m.

05.30 a.m. to

20 minutes.

06.15 a.m.

(b) Break Time Rules: (i) All employees must

adhere to the shift-wise break timings as mentioned

above.

(ii) All employees will need to punch-out and

punch-in through the on-line Plant attendance

system while going for their breaks and returning

from their breaks.

(iii) During shift working employees will avail

their breaks in a staggered manner, so as to ensure

there is no machine down time during the break

time. The departmental Supervisor/Manager will be

responsible for deciding the staggering of breaks

for groups of employees manning a particular

workstation.

(iv) Employees, who exceed the break time limits

mentioned in Clause 1(A) above or violate any of the

break time rules, will be subjected to proportionate

deduction in their earned monthly wages. Such

wage deduction will be calculated based on the

period of time by which respective break time

exceeded and/or loss of working hours.

Demand No. 2. Continuity of Shift:-

(a) It is proposed that all production lines will

run continuously without break between the shift

change-over. All workmen must be present at their

assigned workstations 10 minutes before start of

the shift.

(b) It is proposed that workmen should not leave

his work place before shift handover to his reliever

and before being relieved by subsequent Shift Operator.

their respective places of work at their scheduled

reporting time and not leave their respective places

of work till their relievers take over. If a workman

stays at the work station beyond 15 minutes at the

end of his shift duties, he will be retained on

overtime for the same position and his reliever will

be denied duty for late coming.

(d)

Adherence of break timing & shift timing:- It

is proposed that under no circumstances late

coming/early going during the shift working would

be permitted without proper authorization and

wages will be calculated on actual working hours.

(e) Gate Pass:- It is proposed that all workmen

will need to obtain prior approval along with duly

signed gate pass from Departmental Head or Section

Supervisor for early leaving from their respective

shift duty.

Demand No. 3. Shift Change:- It is proposed that

all shift change requests by the workmen will need

prior and the express written approval from his

Section Supervisor or Departmental Manager.

Demand No. 4:- The workmen shall not waste time

in discussing any personal matters/collection or chit

money/other transactions during the working hours.

Demand No. 5. Working on Holidays/Weekly off:- It

is proposed that in case of any business contingency

or for any other business requirements, if the Plant

as a whole or in part is needed to be operated, in

such scenario all workmen who are assigned duty

will have to attend such duty and wages would be

paid as per law.

Demand No. 6. Leave:- It is proposed to modify the

existing leave policy applicable to the workmen

covered under this settlement. The same is needed

to align to prevailing industry practice and

provisions of law.

(a) It is proposed that eligible employees

covered under this settlement, shall be entitled to

Earned Leave. Application for annual leave should

be made in writing/online, not less than 15 days

998

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

before the day on which the Operator wishes his

leave to begin. Annual leave can be availed for a

maximum of three times in a year. Any deviations to

the number of time annual leave may be availed in

a year on account of exigency, will need to be

approved by management on the basis of merit of

the request. Leave encashment payment will be on

(Basic+DA) and more than 40 days will be encashed

in April month salary. The annual leave would be

calculated at one day for every 20 days working. If

Operator will not work for 240 days in a calendar

year then he will not be eligible for annual leave as

per Section 79 of Factories Act.

Example: If any Operator works for 280 days in a

calendar year then his annual leave will be as

follows: 280 working days=280/20=14 days.

(b) Sick Leave:- It is proposed that eligible

employees covered under this settlement, shall be

entitled to ESIC/accidental/Sick leave as per the

provisions of the ESIC Acts and rules as applicable

to employees in the State of Goa. However, in case

of employees who are not covered under the ESIC

Act, such employees would be eligible to 07 days of

sick leave for each calendar year. In case any

employee is on continuous sick leave for more than

02 days, such employees will have to provide

medical certificate and fitness certificate from a

registered medical practitioner. The same shall be

verified by Factory Medical Officer and HR before

the concerned employee is allowed to rejoin duty.

Balance Sick Leave for the year can be accumulated

in subsequent year but will be subjected to a

maximum accumulation of 21 days. Sick Leave

above 21 days, will be encashed in April of the

immediate subsequent year when it exceeds 21

days, as per the currently prevailing leave

encashment rules of the company.

employees covered under this Settlement, shall be

entitled to 8 days of casual leave for each calendar

year. Casual Leave cannot be availed for more than

three days at a time and not more than twice in a

month. Casual Leave cannot be combined with

Earned Leave. Balance Casual Leave for the year

cannot be forwarded or accumulated to subsequent

year. Unavailed casual leave for the calendar year

will be encashed in April of the subsequent year as

per the currently prevailing leave encashment rules

of the Company.

Demand No. 7. Operational Flexibility:- It is

proposed that employee will move across lines/

/sections & departments as per the need of the

Company and as per the plant operational needs, to

support the business requirement. During

breakdown/absenteeism of/in lines/sections/

/workstations, operators will be flexible to move

across different lines/sections/workstations as

needed by the Company and support the day to day

operations as advised by Supervisor and there

should not be any work refusal/resistance while

movement from one station to other station or lines.

Example:- If a Winding Operator is absent in a

shift, the Mounting Operator/other trained operators

of other lines/same line/other area who may be

redeployed, should operate and maintain the

winding operation for the shift.

Demand No. 8. Multiskilling:- It is proposed that

all employees will be rotated through different

workstations/lines based on the Company/Business

requirements, which in turn will help in

multiskilling of operators.

Demand No. 9. Efficiency Improvement Plan and

Others:- It is proposed that the Union will co-operate

to ensure highest degree of operational efficiencies

and to minimize wastages and to achieve the

following Plant SQDCC and other parameters on

monthly basis.

Sr. No.

Measure

Safety &

Safety Indicator.

Quality

Product Quality Customer

Satisfaction.

Delivery & cost 1

On time delivery.

Earned hours.

Manufacturing incurred

cost productivity (cost per

earned hours).

Achievements are kept against the monthly plant

target to be decided every year by December.

Demand No. 10. Operational Flexibility:- It is

proposed that during non-production days all

employees will be assigned alternate work as deemed

fit by the Company/Management like:

(i) Maintenance and upkeep of machines.

(ii) Deep cleaning and 5S related work at their

respective workstations and on the shop-

floor, which will include painting and

marking jobs etc.

(iii)

Assist in change overs as required.

(iv) Training & Lean activities

(v) Kaizen improvement activities on the shop-floor.

(The above is only an illustrative list and not an

exhaustive list).

Demand No. 11:- It is proposed that in order to

enhance and improve productivity from the currently

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

999

prevailing standards, Management will introduce an

appropriate productivity linked incentive scheme

linked to the key plant deliverables/targets, and the

same will be made applicable to all the employees.

The above mentioned productivity linked inventive

scheme will be jointly discussed and agreed during

the course of the settlement discussions.

Demand No. 12:- It is proposed that as per business

requirement and for the purpose of managing

business exigency, it is proposed to have operational

flexibility by way of charging the weekly rest day

cum weekly off to any other day or may start staggered

weekly off or 24*7 operations for factory or any

department/any line/any employees/class of

employees in this scheduled employment and do so

by displaying notice of shift schedule on department

notice board.

Demand No. 13:- Plant up-gradation: It is proposed

that in case of any change of process/modernization/

mechanization/upgradation of any technology, the

manpower for the effected workstation/production

line will be deployed suitably.

Demand No. 14:- It is proposed that all parties to

this settlement will support any changes in software

system installed for plant safety & security,

attendance, payroll etc. from time to time and also

abide to get trained and adhere to such system.

Demand No. 15. Safety and personal hygiene:- It is

proposed that all employees shall maintain personal

hygiene and wear the company provided plant

uniform, all personal protective equipment (PPE) as

provided by the company and ensure hygienic

conditions at the place of work.

Also, no mobile phones and camera will be allowed

on the shop floor. If any employee is found not wearing

the company mandated PPEs at any time during

working hours, or using mobile phones/camera,

appropriate disciplinary process will be initiated as

per Factory Standing Order.

Demand No. 16:- It is proposed that the existing

salary advance policy will be discontinued with

immediate effect.

Demand No.17:- It is proposed that dormitory

facility will be discontinued.

Demand No. 18. Company transport facility:- It is

proposed to provide the current transport facilities

on no profit no loss basis.

Demand No.19. Long service awards:- It is proposed

to limit the Long Service Awards to employees

completing 10 years and 15 years with the company

and not further.

Demand No. 20:- It is proposed that the per capital

wage increase will be given as per the seniority and

existing grades of the covered employees. Moreover,

the currently prevailing salary structure will be

harmonized to the Pentair Corporate Salary structure.

Demand No. 21:- It is proposed that the per capital

wage increase will be inclusive of all statutory

increases that may happen from time to time during

the settlement period.

Demand No. 22:- It is proposed that workmen shall

collectively work towards creating a positive work

culture and workmen shall always attempt to settle

all issues in an amicable manner and shall not resort

to any disruptive tactics like strike, go slow, abetment,

violence etc. during the period of this settlement.

Demand No. 23. Legislation/Government order:- It

is proposed that, if at any time during the period of

operation of this Settlement, any legislation/

/Government order is made applicable to the

Company with reference to any of the benefits agreed

in this settlement; the benefits which are more

beneficial (adhering statutory obligations) will apply.

Demand No. 24:- It is proposed that the agreed

wage increase will be paid to all employees covered

under the new long term settlement with effect from

the actual date of signing of the new settlement,

without any retrospective effect and irrespective of

the date when the new settlement became due.

Demand No. 25:- All employees covered under this

settlement, shall at all times participate in all

employee communication meetings/employee town

hall held by the Company/Management from time to

time and shall confirm their presence by signing the

attendance sheet for the respective meetings.

Demand No. 26:- The Union or any workman who

violates any of the provisions/Clauses/Terms and

Conditions of this Settlement shall be liable to strict

disciplinary action as per the Certified Standing

Orders and Provisions of Law.

Demand No. 27. Statutory deductions:- It is agreed

that any statutory deductions applicable shall be

deducted as required under the prevailing laws, as

applicable and which might be introduced in future.

Demand No. 28. General clauses:- It is proposed that

all general clauses as provided in the Tripartite

Settlement dated 16th March, 2016 will remain

unchanged and will be made part of the new

settlement.

Demand No. 29:- It is proposed that the agreed

amount will be distributed in equal installments in

all years.

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

Demand No. 30:- It is proposed that the period of

settlement shall be 60 months from the date on which

it is signed.

Demand No. 31:- If any time in future, because of

the adverse business conditions/lack of orders, the

COMPANY is forced to close or shut down some part

or full of its business for temporary periods, the

Company may ask the workmen to stay away from

work and the workmen will be paid only 50% of the

Basic and DA, if any, for the period of such temporary

closure or shut down of production.

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

then, to what relief the Management is entitled?”

2. Upon receipt of the reference, this Tribunal was

pleased to register the reference as IT/11/2020 and

registered A/D notices were sent to both the Parties.

The matter was thereafter fixed for filing Statement

of Claim by the Party I/Employer. Learned Advocate

Shri M. S. Bandodkar filed his Vakalatnama on behalf

of Party I and also filed the Claim Statement on behalf

of the Employer at Exhibit 5. The Employer/Party I in

the Statement of Claim reiterated and re-produced

the dispute i.e. the schedule of reference and

submitted that the demand of Management be

considered first before considering the demand of

the Union and prayed that the demand of the Union

be rejected.

3. In the Written Statement at Exhibit 7, the

Workmen/Union dealt in detail the Claim of the

Management and submitted that the demands made

by the Management were an deliberate and malafide

attempt made only to coerce and put pressure on the

employees to extract maximum gains from CoD/

/Settlement through negotiations. The contents of

the Written Statement of the Union was responded

by the Management by filing Rejoinder at Exhibit 8

thereby justifying the demand made by the

Management in the Claim Statement.

4. Both the Parties filed their documents and Issues

came to be framed at Exhibit 11 which reads as under:

ISSUES

1. Whether the Party I proves that the action of

the Pentair Employees’ Union, Reg. No. 517,

F-1, 2nd Floor, Above District Consumer Forum,

Maharashtra Bank, Porvorim-Goa in not

conceding the demands raised by the

management of M/s Pentair Water India Pvt.

Ltd., Plot No. L-52-55, Verna Industrial Estate,

Verna-Goa is legal and justified?

2. What relief? What Award?

5. On 23-01-2023, Party I Management examined

their 1st witness Shri Gaurav Mahambrey partly at

which time this Tribunal thought it appropriate to

intervene in the matter to work out a settlement

between the Parties. Both the Learned Advocates

co-operated to the process of settlement and the

efforts of settlement finally culminated into filing of

terms of settlement at Exhibit 64 Colly. Two terms of

settlements were filed (1) settlement period of

01-04-2018 to 31-03-2022 (2) settlement period of

01-04-2022 to 31-03-2026 are as follows:

Terms of settlement as per settlement period

01-04-2018 to 31-03-2022

Objectives:

To provide for orderly, effective and cordial

industrial relations through collective bargaining

between Union office bearers/workmen and the

Company and adhere to Certified Standing Orders

in totality.

To strive for maximum productivity through

efficient, smooth and uninterrupted working of plant

and to promote and ensure all possible economy in

its working.

To establish and improve equitable wage and

other conditions of service.

That the management and the workmen of the

company agreed that the prosperity of the company

should be enhanced by increasing production per

workman and to have better utilization of the

existing plant and equipment, machine tools,

manpower and other facilities so that the

performance of the plant improves. It is also the

intention to improve the work culture. The gains thus

arrived by better productivity to be shared among

the company and the workers.

Preamble:

The parties involved as signatories hereto reaffirm

their belief and commitment in promoting and

preserving industrial peace and harmonious

industrial relations through collective bargaining

process and have thereby agreed to commit

themselves and abide by the various terms and

conditions mutually agreed between them.

1. Applicability:

This Settlement shall be applicable only to the

workmen who are members of Pentair Employees

Union and employed on the rolls of company situated

at Plot No. L/52-55, Verna Industrial Estate, Verna,

Goa-403722 as on date of signing the settlement and

subsequently be a member of Pentair Employees

Union during the period of settlement. It is agreed

that no benefits under this settlement shall be

extended to any workmen who had ceased to be on

the rolls of the company prior to signing of this

settlement. The two workmen whose matter is

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

1001

pending by application No. IT/20/20 & IT/21/20 to be

paid arrears arising from the settlement

proportionately for the period physically worked upto

the date of suspension pending enquiry.

Once the workmen sign the declaration as per

Annexure IV to this settlement it is deemed that the

workmen not only accept terms and conditions of

this settlement dated 12-08-2024 but also accepts

terms and conditions as per Annexure II and give up

all the rights or entitlement to claim any money or

any benefit that may be accruing arising out of

reference IT/11/2020 and IT/12/2020.

All workmen who are covered under the

Company’s performance appraisal process, as on

date of signing of the Settlement and during the

pendency of this Settlement, decide to join the Union,

shall be entitled to the benefits of this Settlement,

with prospective effect subject to payment of only

the differential amount after deduction of

compensation/benefits that were already received

by them as part of the Company’s performance

appraisal process and annual merit planning process,

as applicable to them.

2. Period of settlement:

This settlement shall be effective for a period of

four (4 ) years from 01st April, 18 to 31st March, 2022.

Thereafter, this settlement shall continue to be

binding on all the parties until this Settlement is

replaced by a new mutually agreed Settlement under

the applicable provisions of the Industrial Disputes Act, 1947.

All benefits accruing under this Settlement will

be given retrospectively from 01st April, 2018 and

arrears payable will be computed and disbursed

along with wages of the month of signing this

settlement. Such arrears will be paid on prorata basis

depending on their actual attendance during the

period.

The arrears of salary/increments/benefits shall

be paid to the workmen of the Pentair Employee

Union of the grades PA-1, PA-2, PA-3, and PA-4 w.e.f.

01-04-2018 till 31-03-2022. The arrears of salary/

/increments/ benefits are in consonance/similar to

the Memorandum of Settlement dated 26-11-2018

executed between the Pentair Workers Internal

Union and management of Pentair Water India Pvt.

Ltd., whereby the basic pay and other benefits/

/increments were increased of the workers of

PentairWorkers Internal Union i.e. PA-1, PA-2, PA-3

and PA-4 w.e.f. 01-04-2018. The arrears of salary

payable w.e.f. 01-04-2018 till 31-03-2022 will be

disbursed in the same month of signing this

settlement. Such arrears will be paid on pro rata basis

depending on their actual attendance during the

period.

3. Grades:

It is hereby agreed that the following system of

Grades will be applied.

For the period 1st April, 2018 to 31st March, 2022:

Designation

Grade

Years of service as of 1st April, 2022

Production Associate 1

PA1

Above 17.5 Years

Production Associate 2

PA2

>14.5-17.5 Years

Production Associate 3

PA3

>9.95-14.5 Years

Production Associate 4

PA4

Below 9.95 Years

The list of workmen in corresponding Grades is mentioned in Annexure-III.

4. CTC Payout:

It is hereby decided and agreed that the total increment in cost to Company for workmen Grade PA1 to PA4

during the period of the settlement is as follows:

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OFFICIAL GAZETTE — GOVT. OF GOA

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20TH FEBRUARY, 2025

For the period 1st April, 2018 to 31st March, 2022:

Grade

CTC increase per month

(1)

(2)

(3)

(4)

Total= (1)+(2)+

during 4 years period

01st April, 18

01st April, 19

01st April, 20

01st April, 21

+(3)+(4)

01st April, 2018 to

01st year

02nd year

3rd year

4th year

31st March, 2022

Rs.

Distributions Percentage

40%

20%

100%

PA1

Rs. 12300

4920

2460

12300

PA2

Rs. 10500

4200

2100

10500

PA3

Rs. 9800

3920

1960

9800

PA4

Rs. 9800

3920

1960

9800

CTC will include basic pay, house rent allowance,

conveyance allowance, flexible allowance, medical

allowance, bonus, provident fund (company

contribution), gratuity and ESIC (company

contribution).

For the purpose of calculation, CTC effective 31st

March, 2018 will be considered after subtracting

mediclaim and personal accident premium (as

henceforth, premium will not be included in CTC

calculations).

5. Scales of basic pay:- It is agreed that basic pay

will be 40% of basic plus (gross earnings inclusive of

basic salary, HRA conveyance allowance, flexible

allowance and medical allowance (if applicable)

calculated as per compensation structure. Basic pay

is included as part of CTC. The basic salary shall be

proportionately reduced for any unpaid leave/any

absence.

6. House rent allowance:- It is agreed that all

workmen will be paid house rent allowance at the

rate of 50% (fifty percent) of their respective basic

salary, which shall apply to the workman during the

tenure of this settlement. This allowance is included

as part of CTC.

7. Conveyance allowance:- To encourage regularity

and attendance, it is agreed that all workmen will be

paid a conveyance allowance of Rs. 1600 per month,

which is included as part of CTC.

The conveyance allowance amount shall be

proportionately reduced for any unpaid leave/any

absence.

8. Flexible allowance:- The flexible allowance is a

filler amount to arrive at total cost to company.

The flexible allowance shall be proportionately

reduced for any unpaid leave/any absence.

9. Medical allowance:- It is agreed that workmen

not covered under ESIC, will be paid medical

allowance of Rs.1250 per month, which is included

as part of CTC.

The medical allowance amount shall be

proportionately reduced for any unpaid leave/any

absence.

If the employee subsequently moves out of ESIC

he will be paid medical allowance which will be part

of his CTC. New CTC will be arrived by reducing the

company esic employer contribution of ESIC.

10. Bonus:- It is agreed that the existing practice

of payment of Bonus otherwise being followed for

the employees of THE COMPANY shall continue to

be in force and shall also be made applicable to the

workmen covered under this Settlement. Targeted

bonus will be considered @ 5.66 % of Base Plus.

It is agreed that such amount paid shall be treated

as Bonus under the Payment of Bonus Act, 1965.

Note:- If the workmen are out of the purview of Payment

of Bonus Act, 1965 drawing more than Rs. 21,000/- gross

wages per month then these employees shall be paid ex

gratia payment as agreed in this settlement.

It has been agreed that the payment of bonus shall

be governed, regulated and paid strictly in

accordance with the Payment of Bonus Act, 1965 and

the amendments made thereto, if any.

11. Statutory contributions included in CTC:- It is

agreed that company contribution towards Provident

Fund and ESIC and Gratuity amount will be included

as part of total Cost to Company as per the prevailing

laws in force.

12. Leave:- It has been agreed that as per prevailing

practice, operators shall not proceed on leave

without applying for leave in writing and obtaining

prior written sanction from the concerned shift

Executive/Manager. Application for leave shall be

made in writing not less than 10 days before the day

on which the Operators wish his leave to begin.

It is agreed that the Operators shall be eligible for

leave of 30 days per year.

Monthly 2.5 day’s proportionate leave shall be

credited to workman leave balance and shall be

governed and regulated by the leave rules in force

which can be changed from time to time.

OFFICIAL GAZETTE — GOVT. OF GOA

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20TH FEBRUARY, 2025

1003

Management proposed in addition for actual

worked days of 295 days and above, the concerned

employee will get additional 3 days leave per annum

credited to leave balance of the employee.

It is further agreed that the maximum

accumulation of leave shall be 40 days and any leave

exceeding 40 days shall be encashed at the rate of

Base Plus salary at the end of the financial year. In

case of any change in Leave Policy, the revised Leave

Policy will supersede this clause and the same shall

be applicable immediately following such change.

13. Mediclaim policy:- The existing Group

Mediclaim policy, Group Personal Accident Policy

and group term life policy will be continued as per

eligibility and may be revised as per company policy

requirement.

14. Plant break timings:- (A) Plant Break Timings

are agreed: The shift-wise break timings for the Plant

will be as follows:

Break

Canteen

Duration of break

timing

per person (workstation

leaving to reporting

back to work

station)

Break fast

10.30 a.m. to

15 minutes.

(I Shift)

11.15 a.m.

Lunch

12.30 p.m. to

25 minutes.

(I Shift)

2.30 p.m.

Tea Break

06.30 p.m. to

15 minutes.

(II Shift)

07.15 p.m.

Dinner

08.45 p.m. to

25 minutes.

(II Shift)

10.15 p.m.

Tea Break

02.30 a.m. to

20 minutes.

(III Shift)

03.15 a.m.

Tea Break

05.30 a.m. to

20 minutes.

(III Shift)

06.15 a.m.

(B) Break Time Rules: All workmen must adhere

to the shift-wise break timings as mentioned above

in Clause 14(A).

During Shift working, workmen will avail their

breaks in a staggered manner, by punching in and

out on machine so as to ensure there is no machine

down time during the break time. The departmental

Supervisor/Manager will be responsible for

deciding the staggering of breaks for groups of

workmen manning a particular workstation.

Workmen who exceed the break time limits

mentioned in Clause 14(A) above or violate any of

the break time rules habitually, will be subjected to

appropriate disciplinary action.

15. Continuity of shift:- It is agreed that all

production lines will run continuously without

break between the shift change-over. All workmen

must be present at their assigned workstations 05

minutes before start of the shift. At the end of the

shift, the operator has to be present at the work

station till the end of the shift.

It is agreed that workmen should not leave his

workplace before shift handover to his reliever and

before being relieved by subsequent shift Operator.

It is agreed that all workmen will report to their

respective places of work at their scheduled

reporting time and not leave their respective places

of work till their relievers take over. If a workman

stays at the work station beyond 15 mins. at the end

of his shift duties, he will be retained on overtime

for the same position and his reliever will be denied

duty for late coming. Workmen coming late without

information/permission for more than 15 minutes

will be denied duty for late coming. However, based

on mutual understanding between supervisor and

operator, this can be relaxed.

Adherence of Break timing & shift timing: It is

agreed that under no circumstances late coming/

/early going during the shift working would be

permitted without proper authorization and wages

will be calculated on actual working hours.

Gate Pass: It is agreed that all workmen will need

to obtain prior approval along with duly signed

gate pass from departmental head or section

supervisor for early leaving from their respective

shift duty.

16. Shift change:- It is agreed that all shift change

requests by the workmen will need prior and express

written approval from his section supervisor or

departmental manager. In case workman has an

emergency, he can change the shift after proper

verbal approval of the supervisor. Also, in case of

business requirements, supervisor can change the

shift of operators based on discussions with the

said operator.

17. Working on holidays/weekly off:- It is agreed

that in case of any business contingency or for any

other business requirements, if the plant as a whole

or in part is needed to be operated on any holiday

or on weekly off days, in such scenario all workmen

who are assigned duty will have to attend such

duty and wages would be paid as per existing

practices. Also, if needed at any time, company may

swap/change the weekly off/holidays with prior

information to the concerned workmen.

18. Operational flexibility:- (A) It is agreed that as

per existing practice, operators will move across

1004

OFFICIAL GAZETTE — GOVT. OF GOA

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20TH FEBRUARY, 2025

lines/sections & departments as per the need of the

Company and as per the plant operational needs, to

support the business requirement. During

breakdown/absenteeism of/in lines/sections/

workstations, operators will be flexible to move

across different lines/sections/workstations as

needed by the Company and support the day-to-

-day operations as advised by supervisor and there

should not be any work refusal/resistance during

such movement from one station to another station

or line.

Example:- If a winding operator is absent in a

shift, the mounting operator/other trained operator

of other line/same line/other area is redeployed,

should operate and maintain the winding operation

for the shift.

(B) It is agreed that during non-production days

all employees will be assigned alternated work as

deemed fit by the company like:

Maintenance and upkeep of machines.

ii.

5S related work at their respective workstations

and on the shopfloor, which will include

painting and marking jobs etc.

iii.

Assist in change overs as required.

iv.

Training & lean activities.

Kaizen improvement activities in the shopfloor.

(the above is only an illustrative list and not an

exhaustive list). Current practice will continue. Main

gangway marking, fan cleaning and wall cleaning/

/wall painting will be the exclusion in 5S activities.

19. Multiskilling:- It is agreed that all workmen will

be rotated through different workstations/lines

based on the Company/Business requirements,

which in turn will help in multiskilling of operators.

Multiskilling will be done in a planned manner and

formally communicated to the concerned.

Multiskilling will be preferentially/not restricted to

one station up/one station down from workman’s

designated work station.

20. Efficiency improvement plan and others:- It is

agreed that the union will support the production

incentive schemes, launched from time to time, based

on business requirements.

21. It is agreed that as per business requirements

and for the purpose of managing business exigency,

it is agreed to have operational flexibility by way of

changing the weekly rest day cum weekly off to any

other day or may start staggered weekly off or 24*7

operations for factory or any department/any line/

/any employee/class of employees in this scheduled

employment and do so by displaying a notice of shift

schedule in department notice board 7 days prior to

the commencement of 24X7 working and information

to concerned authorities.

22. Plant upgradation:- It is agreed that in case of

any change of process/modernization/mechanization/

/up-gradation of any technology, the manpower for

the effected workstation/production line will be

deployed suitably and will be communicated

accordingly.

23. It is agreed that all parties to this settlement

will support any changes in software system

installed for Plant safety & security, attendance,

payroll etc. from time to time, and also abide to get

trained and adhere to such systems.

24. Safety & personal hygiene:- It is agreed that all

employees shall maintain personal hygiene and wear

the company provided plant uniform, all Personal

Protective Equipment (PPE) as provided by the

company and ensure hygienic conditions at the place

of work.

25. No mobile phones and cameras will be allowed

inside the shop floor. In case on non-compliance to

the above, appropriate disciplinary process will be

initiated as per Factory certified Standing Orders.

26. It is agreed that the existing salary advance

policy will continue. However, in case of any strict

mandate from corporate, management will pull back

this facility.

27. It is agreed that current dormitory facility will

be continued. However, based on the usage pattern

of the dormitories in future, Union and management

will discuss jointly and reach a consensus.

28. Company transport facility:- It is agreed to

continue the current Transport facilities without any

changes.

29. It is agreed that the per capita wage increase

will be given as per the seniority and existing grades

of the covered employees. Moreover, the currently

prevailing salary structure will be harmonized to the

Pentair Corporate Salary structure.

30. It is agreed that the per capita wage increase

will be inclusive of all statutory increases that may

happen from time to time during the settlement

period.

31. It has been agreed between the union and

management that when the new labour codes will

be implemented by the State Government, the

management reserves its right to change

the salary structure/CTC of the workmen

without decreasing the total wages and net wages

or the benefits arising out of the wages.

OFFICIAL GAZETTE — GOVT. OF GOA

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1005

32. It is agreed that workmen shall collectively

work towards creating a positive work culture and

workmen shall always attempt to settle all issues in

an amicable manner and shall not resort to any

disruptive tactics like, strike, go-slow, abetment,

holding/attending gate meetings during duty hours,

or any agitational action or activity directly or

indirectly affecting the work process/production etc.

during the period of this settlement.

33. Legislation/Government order:- It is agreed

that, if at any time during the period of operation of

this settlement, any legislation/Government order

is made applicable to the company with reference to

any of the benefits agreed in this settlement; the

benefits which are more beneficial (adhering

statutory obligations) will apply.

34. All employees covered under this Settlement,

shall at all times participate in all employee

communication meetings/employee town hall held

by the Company/management from time to time and

shall confirm their presence by signing the

attendance sheet for the respective meetings.

35. The Union or any workman who violates any of

the Provisions/Clauses/Terms and Conditions of this

Settlement shall be liable to strict disciplinary action

as per Certified Standing Orders and Provisions of

law.

36. Statutory deductions:- It is agreed that any

statutory deductions applicable shall be deducted

as required under the prevailing laws, as applicable

and which might be introduced in future.

37. General clauses:- It is agreed that all general

clauses as provided in the Tripartite Settlement dated

16th March, 2016 will remain unchanged and a copy

of which is attached and marked as Annexure II.

38. It is agreed that the agreed amount will be

distributed as follows:

(a) For the period from 1st April, 2018 to 31st

March, 2022 – 40% of the increase amount in the first

year and 20% of the increase amount in the

subsequent years.

39. It is agreed that the period of settlement shall

be 48 months from 1st April, 2018 to 31st March, 2022.

40. The final amount agreed upon in this

settlement, should not set any precedent for future

negotiations.

41. All the demands raised by the Union through

its Charter of Demands dated 30-03-2018 and the

demands made during the negotiation process shall

be deemed to have fully, satisfactorily, and finally

settled and the dispute/demands are fully resolved.

It has been further agreed that with signing of this

settlement the reference IT/11/2020 & IT/12/2020 are

settled.

42. It has been agreed that in view of the present

settlement, there exist no dispute and differences

between the parties now in connection with charter

of demand. However, the application No. IT/20/2020,

IT/21/2020 and IT/18/2020 are not settled by this

settlement. In view of the present settlement the

RCS/68/2020/G will also be withdrawn by the

Company as it is the Plaintiff.

43. Union fund:- The company management agrees

to pay the arrears of the increased wages/

/benefits/increments to beneficiary workmen arising

out of the settlement dated 12-08-2024 for period

01-04-2018 to 31-03-2022 in the month when the said

settlement is signed. After the payment of the arrears

of increased wages/benefits/increments to

beneficiary workmen an amount of Rs. 30,300/- for

PA-1, Rs. 26,000/- for PA-2, Rs. 23,300/- for PA-3,

Rs. 21,800/- for PA-4 shall be paid by the respective

beneficiary workmen in to the Union Fund Bank

Account of Pentair Employees Union, the Union

Committee who are also the concerned parties herein

shall intimate to the company management in

writing that the Union Funds are accordingly paid

by all the beneficiary workmen. The Management

shall on the receipt of the said intimation release

thirty five thousand rupees from the arrears of the

increased wages/benefits/increments to beneficiary

workmen effective from the date the settlement is

signed for the period from 01-04-2022 to 31-03-2026.

The thirty five thousand rupees mentioned above is

of the each beneficiary workmen from the arrears

payable for period 01-04-2022 to 01-04-2026 and not

an additional amount. The said amounts of Union fund

is calculated for the settlements of the period from

01-04-2018 to 31-03-2022 and from 01-04-2022 to

31-03-2026.

44. Interpretation of memorandum of settlement:-

In case of any conflict in ascertaining the meaning

and interpretation of any clause of this Memorandum

of Settlement, the same shall be referred to the

Managing Director of the Plant, whose decision will

be final and binding.

Terms of settlement as per settlement period

01-04-2022 to 31-03-2026

Objectives:

To provide for orderly, effective and cordial

Industrial relations through collective bargaining

between Union office bearers/ workmen and the

Company and adhere to Certified Standing Orders

in totality.

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OFFICIAL GAZETTE — GOVT. OF GOA

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20TH FEBRUARY, 2025

(A) To strive for maximum productivity through

efficient, smooth and uninterrupted working of plant

and to promote and ensure all possible economy in

its working.

(B) To establish and improve equitable wage and

other conditions of service.

the company agreed that the prosperity of the

company should be enhanced by increasing

production per workman and to have better

utilization of the existing plant and equipment,

machine tools, manpower and other facilities so that

the performance of the plant improves. It is also the

intention to improve the work culture. The gains thus

arrived by better productivity to be shared among

the company and the workers.

Preamble:

The parties involved as signatories hereto reaffirm

their belief and commitment in promoting and

preserving industrial peace and harmonious

industrial relations through collective bargaining

process and have thereby agreed to commit

themselves and abide by the various terms and

conditions mutually agreed between them.

1. Applicability:

This Settlement shall be applicable only to the

workmen who are members of Pentair Employees

Union and employed on the rolls of company situated

at Plot No. L/52-55, Verna Industrial Estate, Verna,

Goa-403722 as on date of signing the settlement and

subsequently be a member of Pentair Employees

Union during the period of settlement. It is agreed

that no benefits under this settlement shall be

extended to any workmen who had ceased to be on

the rolls of the company prior to signing of this

settlement.

Once the workmen sign the declaration as per

Annexure IV to this settlement it is deemed that the

workmen not only accept terms and conditions of

this settlement dated 12-08-2024 but also accepts

terms and conditions as per Annexure II and give up

all the rights or entitlement to claim any money or

any benefit that may be accruing arising out of

reference IT/11/2020 and IT/12/2020.

All workmen who are covered under the

Company’s performance appraisal process, as on

date of signing of the Settlement and during the

pendency of this Settlement, decide to join the Union,

shall be entitled to the benefits of this Settlement,

with prospective effect subject to payment of only

the differential amount after deduction of

compensation/benefits that were already received

by them as part of the Company’s performance

appraisal process and annual merit planning process,

as applicable to them.

2. Period of settlement:

This settlement shall be effective for a period of 4

years from 01st April, 2022 to 31st March, 2026.

Thereafter, this settlement shall continue to be

binding on all the parties until this Settlement is

replaced by a new mutually agreed Settlement under

the applicable provisions of the Industrial Disputes

Act, 1947.

All benefits accruing under this Settlement will

be given retrospectively from 01st April, 2022 and

arrears payable will be computed and disbursed

along with wages of the month of signing this

settlement. Such arrears will be paid on prorata basis

depending on their actual attendance during the

period.

The arrears of salary/increments/benefits shall

be paid to the workmen of the Pentair Employee

Union of the Grades PA-1, PA-2, PA-3 and PA-4 till the

date the present settlement for the period from

01-04-2022 to 31-03-2026 is signed. The arrears

payable will be computed and disbursed in the same

month of signing of both the settlements i.e. for the

periods from 01-04-2018 to 31-03-2022 and 01-04-2022

to 31-03-2026. Such arrears will be paid on pro rata

basis depending on their actual attendance during

the period. However the payment of thirty five

thousand rupees of each beneficiary workmen

arising out of arrears payable for period 01-04-2022

to 31-03-2026 will only be paid after union

confirmation of receipt of union funds.

3. Grades:

It is hereby agreed that the following system of

Grades will be applied.

OFFICIAL GAZETTE — GOVT. OF GOA

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1007

For the period 1st April, 2022 to 31st March, 2026:

Designation

Grade

Years of service as on 1st April, 2022

Production Associate 1

PA1

Above 19.5 Years

Production Associate 2

PA2

>14.5-19.5 Years

Production Associate 3

PA3

>10-14.5 Years

Production Associate 4

PA4

Below 10 Years

The list of workmen in corresponding Grades is mentioned in Annexure-III.

4. CTC Payout:

It is hereby decided and agreed that the total increment in cost to Company for workmen Grade PA1 to PA4

during the period of the settlement is as follows:

For the period 1st April, 2022 to 31st March, 2026:

Grade

CTC increase per month

(1)

(2)

(3)

(4)

Total= (1)+(2)+

during 4 years period

01st April, 22

01st April, 23

01st April, 24

01st April, 25

+(3)+(4)

01st April, 2022 to

01st year

02nd year

3rd year

4th year

31st March, 2026

Rs.

Distributions Percentage

25%

100%

PA1

Rs. 18000

4500

18000

PA2

Rs. 15500

3875

15500

PA3

Rs. 13500

3375

13500

PA4

Rs. 12000

3000

12000

CTC will include Basic Pay, House Rent

Allowance, Conveyance Allowance, Flexible

Allowance, Medical allowance, Bonus, Provident

Fund (company contribution), Gratuity and ESIC

(company contribution).

For the purpose of calculation, CTC effective 31st

March, 2022 will be considered after subtracting

Mediclaim and Personal Accident Premium (as

henceforth, premium will not be included in CTC

calculations).

5. Scales of basic pay:- It is agreed that basic pay

will be 40% of Basic Plus (Gross Earnings inclusive of

Basic salary, HRA, Conveyance allowance, Flexible

allowance and medical allowance (if applicable)

calculated as per compensation structure. Basic pay

is included as part of CTC. The Basic salary shall be

proportionately reduced for any unpaid leave/any

absence.

6. House rent allowance:- It is agreed that all

workmen will be paid House Rent Allowance at the

rate of 50% (Fifty percent) of their respective Basic

salary, which shall apply to the workman during the

tenure of this settlement. This allowance is included

as part of CTC.

7. Conveyance allowance:

i. To encourage regularity and attendance, it is

agreed that all workmen will be paid a

Conveyance Allowance of Rs. 1600 per month,

which is included as part of CTC.

ii. The Conveyance Allowance amount shall be

proportionately reduced for any unpaid leave/

any absence.

8. Flexible allowance:

The Flexible allowance is a filler amount to

arrive at total Cost to Company.

II. The Flexible Allowance shall be proportionately

reduced for any unpaid leave/any absence.

9. Medical allowance:

It is agreed that workmen not covered under ESIC,

will be paid medical allowance of Rs. 1250 per month,

which is included as part of CTC.

The Medical Allowance amount shall be

proportionately reduced for any unpaid leave/any

absence.

If the employee subsequently moves out of ESIC

he will be paid medical allowance which will be part

of his CTC. New CTC will be arrived by reducing the

company ESIC Employer contribution of ESIC.

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10. Bonus:

i. It is agreed that the existing practice of payment

of Bonus otherwise being followed for the employees

of THE COMPANY shall continue to be in force and

shall also be made applicable to the workmen

covered under this Settlement. Targeted bonus will

be considered @ 5.66% of Base Plus.

ii. It is agreed that such amount paid shall be

treated as Bonus under the Payment of Bonus Act,

1965.

Note:- If the workmen are out of the purview of Payment

of Bonus Act, 1965 drawing more than Rs. 21,000/- gross

wages per month then these employees shall be paid ex

gratia payment as agreed in this settlement.

It has been agreed that the payment of bonus

shall be governed, regulated and paid strictly in

accordance with the Payment of Bonus Act, 1965

and the amendments made thereto, if any.

11. Statutory contributions included in CTC- It is

agreed that Company Contribution towards

Provident Fund and ESIC and Gratuity amount will

be included as part of total Cost to Company as per

the prevailing laws in force.

12. Leave:-

It has been agreed that as per prevailing

practice, operators shall not proceed on leave

without applying for leave in writing and

obtaining prior written sanction from the

concerned shift Supervisor/Manager.

Application for leave shall be made in writing

not less than 10 days before the day on which

the Operators wish his leave to begin.

II. It is agreed that the Operators shall be eligible

for leave of 30 days per year.

III. Monthly 2.5 days proportionate leave shall

be credited to workman leave balance and

shall be governed and regulated by the leave

rules in force which can be changed from time

to time.

IV. Management proposed in addition for actual

worked days of 295 days above, the concerned

employee will get additional 3 days leave per

annum credited to leave balance of the

employee.

V. It is further agreed that the maximum

accumulation of leave shall be 40 days and

any leave exceeding 40 days shall be

encashed at the rate of Base Plus salary at

the end of the financial year. In case of any

change in Leave Policy, the revised Leave

Policy will supersede this clause and the same

shall be applicable immediately following

such change.

13. The existing Group Mediclaim policy, Group

Personal Accident Policy and group term life policy

will be continued as per eligibility and may be revised

as per company policy requirement.

14. (A) Plant Break Timings are agreed: The Shift-

-wise Break Timings for the Plant will be as follows:

Break

Canteen

Duration of break

timing

per person (workstation

leaving to reporting

back to work

station)

Breakfast

10.30 a.m. to

15 minutes.

(I Shift)

11.15 a.m.

Lunch

12.30 p.m. to

25 minutes.

(I Shift)

2.30 p.m.

Tea Break

06.30 p.m. to

15 minutes.

(II Shift)

07.15 p.m.

Dinner

08.45 p.m. to

25 minutes.

(II Shift)

10.15 p.m.

Tea Break

02.30 a.m. to

20 minutes.

(III Shift)

03.15 a.m.

Tea Break

05.30 a.m. to

20 minutes.

(III Shift)

06.15 a.m.

(B) Break Time Rules: (a) All workmen must adhere

to the shift-wise break timings as mentioned above

in Clause 14 (A).

(b) During Shift working, workmen will avail their

breaks in a staggered manner, by punching in and

out on machine so as to ensure there is no machine

down time during the break time. The departmental

Supervisor/Manager will be responsible for deciding

the staggering of breaks for groups of workmen

manning a particular workstation. Workmen who

exceed the break time limits mentioned in Clause 14

(A) above or violate any of the Break time rules

habitually, will be subjected to appropriate

disciplinary action.

15. Continuity of shift:

a. It is agreed that all production lines will run

continuously without break between the shift

change-over. All workmen must be present at their

assigned workstations 05 minutes before start of the

shift. At the end of the shift, the operator has to be

present at the workstation till the end of the shift.

OFFICIAL GAZETTE — GOVT. OF GOA

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1009

b. It is agreed that workmen should not leave his

workplace before shift handover to his reliever and

before being relieved by subsequent shift Operator.

c. It is agreed that all workmen will report to their

respective places of work at their scheduled reporting

time and not leave their respective places of work

till their relievers take over. If a workman stays at the

workstation beyond 15 mins. at the end of his shift

duties, he will be retained on overtime for the same

position and his reliever will be denied duty for late

coming. workmen coming late without information/

/permission for more than 15 minutes will be denied

duty for late coming. However, based on mutual

understanding between supervisor and operator, this

can be relaxed.

d. Adherence of Break timing & Shift timing: It is

agreed that under no circumstances late coming/

/early going during the shift working would be

permitted without proper authorization and wages

will be calculated on actual working hours.

e. Gate Pass: It is agreed that all workmen will need

to obtain prior approval along with duly signed gate

pass from departmental head or section supervisor

for early leaving from their respective shift duty.

16. Shift change:

It is agreed that All Shift change requests by the

workmen will need prior and express written

approval from his section supervisor or departmental

manager. In case workman has an emergency, he can

change the shift after proper verbal approval of the

supervisor. Also, in case of business requirements,

supervisor can change the shift of operators based

on discussions with the said operator.

17. Working on holidays/weekly off:

It is agreed that in case of any business

contingency or for any other business requirements,

if the plant as a whole or in part is needed to be

operated on any Holiday or on weekly off days, in

such scenario all workmen who are assigned duty

will have to attend such duty and wages would be

paid as per existing practices. Also, if needed at any

time, company may swap/change the weekly off/

/holidays with prior information to the concerned

workman.

18. Operational flexibility:

(A) It is agreed that as per existing practice,

operators will move across lines/sections &

departments as per the need of the Company and as

per the plant operational needs, to support the

business requirement. During breakdown/

/absenteeism of/in lines/sections/workstations,

operators will be flexible to move across different

lines/sections/workstations as needed by the

Company and support the day-to-day operations as

advised by supervisor and there should not be any

work refusal/resistance during such movement from

one station to another station or line.

Example: If a winding operator is absent in a shift,

the mounting operator/other trained operator of

other line/same line/other area is redeployed, should

operate, and maintain the winding operation for the

shift.

(B) It is agreed that during that during non-

production days all employees will be assigned

alternate work as deemed fit by the company, like:

Maintenance and upkeep of machines.

II.

5S related work at their respective

workstations and on the shopfloor, which

will include painting and marking jobs etc.

III. Assist in change overs as required.

IV. Training & Lean activities.

Kaizen improvement activities in the

shopfloor.

(the above is only an illustrative list and not an

exhaustive list). Current practice will continue.

Main gangway marking, fan cleaning and wall

cleaning, wall painting will be the exclusion in 5S

activities.

19. Multiskilling;

It is agreed that all workmen will be rotated

through different workstations/lines based on the

Company/Business requirements, which in turn will

help in multiskilling of operators. Multiskilling will

be done in a planned manner and formally

communicated to the concerned. Multiskilling will

be preferentially/not restricted to one station up/

one station down from workman’s designated work

station.

20. Efficiency improvement plan and others:- It is

agreed that the union will support the production

incentive schemes launched from time to time,

based on business requirements.

21. It is agreed that as per business requirements

and for the purpose of managing business exigency,

it is agreed to have operational flexibility by way of

changing the weekly rest day cum weekly off to any

other day or may start staggered weekly off or 24*7

operations for factory or any department/any line/

any employee/class of employees in this scheduled

employment and do so by displaying a notice of

shift schedule in department notice board 7 days

prior to the commencement of 24X7 working and

information to concerned authorities.

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22. Plant upgradation:- It is agreed that in case

of any change of process/modernization/

mechanization/upgradation of any technology, the

manpower for the effected workstation/production

line will be deployed suitably and will be

communicated accordingly.

23. It is agreed that all parties to this settlement

will support any changes in software system

installed for Plant safety & security, attendance,

payroll etc. from time to time, and also abide to get

trained and adhere to such systems.

24. Safety & personal hygiene:- It is agreed that all

employees shall maintain personal hygiene and wear

the company provided plant uniform, all personal

protective equipment (PPE) as provided by the

company and ensure hygienic conditions at the place

of work.

25. No mobile phones and cameras will be allowed

inside the shop floor. In case on non-compliance to

the above, appropriate disciplinary process will be

initiated as per Factory Certified Standing Orders.

26. It is agreed that the existing salary advance

policy will continue. However, in case of any strict

mandate from corporate, management will pull back

this facility.

27. It is agreed that current dormitory facility will

be continued. However, based on the usage pattern

of the dormitories in future, Union and management

will discuss jointly and reach a consensus.

28. Company transport facility:- It is agreed to

continue the current transport facilities without any

changes.

29. It is agreed that the per capita wage increase

will be given as per the seniority and existing grades

of the covered employees. Moreover, the currently

prevailing salary structure will be harmonized to the

Pentair Corporate Salary structure.

30. It is agreed that the per capita wage increase

will be inclusive of all statutory increases that may

happen from time to time during the settlement

period.

31. It has been agreed between the union and

management that when the new labour codes will

be implemented by the State Government, the

management reserves its right to change the

s a l a r y s t r u c t u r e / C T C o f t h e w o r k m e n

without decreasing the total wages and net wages

or the benefits arising out of the wages.

32. It is agreed that workmen shall collectively

work towards creating a positive work culture and

workmen shall always attempt to settle all issues in

an amicable manner and shall not resort to any

disruptive tactics like, strike, go-slow, abetment,

holding/attending gate meetings during duty hours,

or any agitational action or activity directly or

indirectly affecting the work process/production etc.

during the period of this settlement.

33. Legislation/Government order:- It is agreed

that, if at any time during the period of operation of

this settlement, any legislation/Government order

is made applicable to the company with reference to

any of the benefits agreed in this settlement; the

benefits which are more beneficial (adhering

statutory obligations) will apply.

34. All employees covered under this Settlement,

shall at all times participate in all employee

communication meetings/employee town hall held

by the Company/management from time to time and

shall confirm their presence by signing the

attendance sheet for the respective meetings.

35. The Union or any workman who violates any of

the Provisions/Clauses/Terms and Conditions of this

Settlement shall be liable to strict disciplinary action

as per Certified Standing Orders and Provisions of

law.

36. Statutory deductions:- It is agreed that any

statutory deductions applicable shall be deducted

as required under the prevailing laws, as applicable

and which might be introduced in future.

37. General clauses:- It is agreed that all general

clauses as provided in the Tripartite Settlement dated

16th March, 2016 will remain unchanged and a copy

of which is attached and marked as Annexure II.

38. It is agreed that the agreed amount will be

distributed as follows:-

For the period from 1st April, 2022 to 31st March,

2026, increase amount will be distributed equally in

4 equal installments over the period of 4 years.

39. It is agreed that the period of settlement shall

be 48 months from 1st April, 2022 to 31st March, 2026.

40. The final amount agreed upon in this

settlement, should not set any precedent for future

negotiations.

41. All the demands raised by the Union through

its Charter of Demands dated 26-03-2022 and the

demands made during the negotiation process shall

be deemed to have fully, satisfactorily, and finally

settled and the dispute/demands are fully resolved.

It has been further agreed that with signing of this

settlement the Reference IT/11/2020 & IT/12/2020 and

RCS/68/2020/G are settled.

42. It has been agreed that in view of the present

settlement, there exist no dispute and differences

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

1011

between the parties now in connection with charter

of demands. However, the matter in Reference

IT/20/2020, IT/21/2020 and IT/18/2020 are not settled

by this settlement. The RCS/68/2020 will be

withdrawn by the Company as it is the Plaintiff.

43. Union fund:- It is agreed to and by the

beneficiary of the settlement i.e. by those workmen

who will be recipient of the increased wages/

/benefits/increments arising out of the settlements

for the period from 01-04-2018 to 31-03-2022 and

01-04-2022 to 31-03-2026, that the Union fund will be

paid by the worker to the Union Fund Bank Account

of Pentair Employees Union from/out of the arrears of

salary payable to the beneficiary workmen. After the

amount of Union fund for the period from 01-04-2018

to 31-03-2022 and for the period from 01-04-2022 to

31-03-2026 are paid by the workmen, then no further

Union funds are to be paid.

44. Interpretation of memorandum of settlement:-

In case of any conflict in ascertaining the meaning

and interpretation of any clause of this Memorandum

of Settlement, the same shall be referred to the

Managing Director of the Plant, whose decision will

be final and binding.

6. I have gone through the records of the case and

the above Memorandum of Settlement which is duly

signed by both the Parties and I am convinced that

the consent terms filed by the Parties are just and

fair and are in the interest of the Management/Party I

and the Workmen/Party II and the therefore, the same

are accepted.

Accordingly, I, pass the following order:

O R D E R

(i)

The reference stands disposed off in view of

the Memorandum of Understanding along with

the terms of settlement filed by Management/

/Party I and the Workmen/Party II at Exhibit 64

Colly.

(ii) No order as to costs.

(iii) Inform the Government accordingly.

Sd/-

(Vijayalaxmi R. Shivolkar),

Presiding Officer,

Industrial Tribunal &

Labour Court.

–––––—

ANNEXURE II

General clauses of tripartite settlement dated

16th March, 2016.

It is agreed by both the parties that nothing

contained in this Settlement shall affect any

existing privilege or benefits unless such

existing privilege or benefits have been

specifically dealt with under any of the items

contained in this Settlement and new terms

in respect thereof have been agreed upon. In

that event, the existing privileges or benefits

will be deemed to have been modified to the

extent stated in the Settlement.

II. It is agreed that THE EMPLOYEES shall

co-operate with THE COMPANY in

maintaining discipline and productivity

through proper performance of duties. THE

EMPLOYEES shall ensure uninterrupted

production and services for the duration of

the Settlement and thereafter. The parties

further agree that whenever any conflict of

interest arises, it shall be resolved in a

peaceful and legitimate manner by discussions

and/or by strictly resorting to the machinery

prescribed under the law.

III. Both parties agree to carry out rationalizations,

modifications, abolition of wasteful practices,

introduction of appropriate procedures/

/techniques/technology for effective and

maximum utilization of operating time, overlapping

shift timings and such other methods as may

be considered appropriate, which will result

in work simplification or overall improvement

in the efficiency.

IV. THE EMPLOYEES agree that during the

operative period of this Settlement they shall

not raise any dispute direct or indirect, which

is likely to cause further financial burden on

THE COMPANY and it is specifically agreed

that all the demands raised by THE

EMPLOYEES will be deemed to have been fully

and satisfactorily settled by this Settlement.

In case by legislation or otherwise, identical

or similar, benefits as accruing to EMPLOYEES

under this Settlement are introduced in future,

THE EMPLOYEES shall enjoy the benefits

either under this Settlement or under the

legislation in its totality, whichever is

beneficial to them but not both.

V. 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

employees but, also to review, streamline and

rationalize various procedures, techniques,

practices, systems etc. and to ensure optimum

utilization of all resources. The workmen

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agree to carry out their duties in case any

change is effected in working conditions and

also agree to co-operate and discharge their

duties if any new device is added to improve

productivity.

VI. THE COMPANY and THE EMPLOYEES agree

that to withstand competition and to deliver

value for money to the Customer, it is very

important and essential to be efficient and

cost effective. THE EMPLOYEES shall extend

full co-operation to THE COMPANY in

increasing efficiency and productivity.

VII. THE EMPLOYEES understand that THE

COMPANY is driving continuous improvement

and THE EMPLOYEES shall whole heartedly

and fully participate and offer constructive

ideas for continuous improvement.

VIII. THE EMPLOYEES individually and collectively

shall continue to do all jobs pertaining to

production and shall accept changes in work

methods and work patterns/systems to meet

business exigencies. THE EMPLOYEES shall

adopt and accept new innovations and

practices for maximizing the utilization of

capacity for cost saving.

IX.

The existing system of multi-skilling and

working in different workstation will be

further improved for better efficiencies. In

order to have the operational flexibility and

to improve the skill levels & deployment in

various work stations among the workmen in

various jobs and to encourage multi skilling

to achieve optimum utilization of manpower

without affecting their existing wages, Multi-

Skilling concept will be introduced to all the

workmen working in different sections,

departments, areas and line. The workmen

hereby agreed to adhere to the allotment of

jobs as per Multi skilling requirements.

It is agreed by and between parties hereto

that in case workmen are called for work on

any National/Festival Holidays workmen/

/union shall not refuse to attend to the

business requirements. All the workmen who

work on that particular day will be paid

benefits and Compensatory Off as per the

provisions of Factories Act, 1948.

XI. All workmen must be present at work spot 5

minutes before start of the shift. The breaks

will be reduced to 2 breaks from 3 breaks in

the 1st and 2nd shift. All workmen must

adhere to break timing of 15 minutes tea break

and 25 minutes for lunch break. Workmen

should not leave work place at the end of the

shift, till reliever comes and reports for duty.

All workmen should adhere to staggered self-

relieving system during lunch and tea breaks

in such a way that, there won’t be stoppage

of machines.

The workmen shall not waste time in

discussing any personal matters/collection of

chit money/other transactions during the

working hours.

XII. In case a Workman in the next shift doesn’t

report for duty, the workmen in the previous

shift will continue to work as directed by the

concerned Shift Executive. Workman in the

previous shift has to hand over the charge to

his reliever in the next shift before he leaves

his workplace. No stoppage of machine

should take place at the time of Shift

changing.

Mutual change of duty or shift will not be

accepted.

Shift change will be accepted based on the

written request by the workmen and

consideration of request by Shift Executive

basis the work plan.

XIII. Manpower of plant will be rationalized time

and again as per the clauses mentioned

below:

The manning shall be decided based on

technology, work practices, work methods

and systems prevailing at a given point of

time. If with the introduction of new work

systems/methods, if any role of workmen

becomes irrelevant, then those workmen will

be re-deployed in a suitable position.

XIV. Below mentioned services will be considered

as Essential Services and all those deployed

in these services will be considered as people

working in essential services.

Utilities.

ii. Maintenance.

iii. Logistics and Stores.

All those workmen, deployed in the above

mentioned areas should make themselves

available for work even during the periods of

Strike, Lock Out, National/Festival Holidays

or any other extraordinary circumstances.

Those workmen, who fail to present

themselves for work, will be deemed as wilful

absence and such workmen will be liable for

disciplinary action as per the provisions of

Law.

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XV. It is agreed that as far as work is concerned,

there will be no comparison of experience,

seniority etc. All jobs will be offered by the

Company and workmen will carry out those

jobs in true spirit. It is agreed by and between

the parties to have the operational flexibility.

It is agreed that workmen & union will be

totally flexible in the interest of business more

particularly as under:

There shall be total flexibility and complete

interchangeability between/during shifts,

lines, department etc. No workman shall

refuse to carry out any activity related to

production/dispatch/maintenance of equipment.

The minimum crew required for attending an

activity will be decided by concerned

Manager. Manager will be at liberty to make

any changes in allotting and changing the

allotted workmen.

Workmen crew available on the line shall

attend to the maintenance jobs relating to

the line and participate in 5S activities

associated with their area of work.

XVI. It is necessary to maintain a high standard of

quality which cannot be compromised if

workmen exhibits poor quality of work,

Company will be the sole authority in

determining quality/quantity standards.

It is accepted that the maintenance of quality

standards, adhering to the Company’s

recommended specifications are of paramount

importance and if a workman or a group of

workmen work in a manner detrimental to the

quality of the product, suitable action will be

taken against workmen as per the provisions

of law.

Workmen should not waste any raw materials/

/ingredients/packaging material and should

not take any action which is detrimental to

the company’s interest. The workmen

working on machines should keep the

machine clean and handle them with utmost

care. All workmen shall ensure proper

housekeeping, maintain hygienic condition in

their place of work including daily/Shift CLIT

and 5S.

XVII. In order to optimize utilization of manpower

for enhancing efficiency, the union and

workmen agreed to utilize the workmen in

the following areas during non-production

days. Workmen will be allotted jobs like:

Maintenance and upkeep of machines,

ii. Deep cleaning and 5S related work at their

respective workstations and on the shop-

floor, which will include painting and

marking jobs etc.

iii. Assist in change overs as required.

iv. Training & lean activities.

Kaizen improvement activities on the

shop-floor.

(The above is only an illustrative list and not an

exhaustive list).

XVIII. It is agreed that, in case of any requirement

of Over Time, at any workstation/place the

preference will be given to the Operator

working at that station. In case the said

Operator is not able to continue the duty on

Over Time, then the option will be given to

any other trained Operator.

XIX. Company will continue to improve the skills

of workmen by imparting various OJT (On

the Job Training) and other training.

Workmen should co-operate and attend

whole heartedly in learning the concepts

and implementing them at workplace.

Workmen should co-operate in implementing

various initiatives like Operational Excellence,

5S, Kaizen, RIE, SMED, Poka Yoke etc. or any

such initiative which will help in improving

efficiency of the plant. It is hereby agreed

that the workmen will sign training records

and other documents required to be maintained

for the purpose of ISO requirements/audits

and as per Company guidelines.

XX. It is mandatory for all the workmen to use

Personal Protective Equipment (PPE) like

goggles, safety shoes, ear plugs, etc. as

required, failing which, disciplinary action

will be initiated against the workmen and

such workmen may not be permitted for work

since safety is of utmost importance.

Moreover, all safety precautions has to be

followed while operating the machines or

carrying out maintenance activities.

Violation of safety norms will be viewed very

seriously and disciplinary action will be

initiated against those who violate the safety

norms.

XXI. The various office bearers of union will carry

out their normal duties of work like all other

workmen at the work spots. In order to

ensure discipline in the factory, the union

and the workmen agree not to conduct any

1014

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

meeting or gathering on the shop floor

without prior express permission of the

management. Any such participation would

be treated as misconduct under the standing

orders applicable to the workmen of the

company. Grievances, if any, should be

presented in writing only when there is a

real basis for complaint. All efforts should be

made to settle the day to day grievances by

personal representations to the section/

/departmental heads. If unresolved, the

matter would be taken to the HR department

representative. Efforts would be made to

redress such grievances at the earliest.

XXII. Any stoppage of Company work or routine

official duty, by any workman, individually or

collectively will lead to eight (8) days wages

being deducted for each day of such work

stoppage, in respect of such workman/

/workmen. The management will make such

wage deduction, from the monthly wages of

the month in which such work stoppage is

caused.

XXIII. The union/workmen shall collectively work

towards creating a positive work culture.

Union/workmen shall always strive to settle

all issues in an amicable manner and shall

not resort to any disruptive tactics like strike,

go-slow, abetment, violence etc. during the

period of this settlement, failing which, strict

disciplinary action (extending to termination

of service) shall be taken against such

workman/workmen in accordance with

Certified Standing orders of the Factory/

/Provisions of law.

XXIV. In the interest of discipline and smooth

running of operations, it is agreed that

workmen shall adhere to the instructions of

their Supervisors.

XXV.

Workmen has to follow the dress code policy

and maintain highest levels of personal

hygiene, such as clean-shaven look and nails

cut.

XXVI. Any workmen found idling during office

hours will be marked absent. Repeat

instances will be subjected to disciplinary

action as per standing orders/provisions of

law.

XXVII. Union and Workmen will play a pro-active

role in creating awareness about the Health,

Safety and Environmental Policy of the

Company and towards its effective

implementation. Union/Workmen shall

support all initiatives of the Company for

improving Health, Safety and Environmental

standards. Use of PPE’s wherever applicable

shall be mandatory and any violation of rules

pertaining to the above aspects shall be

viewed seriously.

XXVIII. No usage of mobile phones while on duty (at

workstation/on machine). Disciplinary action

will be taken in case of violation. No mobiles

will be allowed at the workplace.

XXIX. All the workmen shall undergo the medical

examination as and when organized by the

Company and strictly abide by the schedule

provided and all other medical examinations

advised by the Factory Medical Officer from

time to time.

XXX. No workmen shall smoke or chew tobacco,

consume alcohol/drugs inside the premises

and precincts of the factory, failing which

strict disciplinary action will be taken as per

Certified Standing Orders/Provisions of law.

The factory has been declared as a No

Smoking Zone.

XXXI. Union and workmen hereby agree that they

will strictly follow the Code of Business

Conduct Guidelines failing which they are

liable for disciplinary action as per the

provisions of law.

XXXII. Union and workmen will not interfere in any

disciplinary action that will be taken against

any workmen who commits the misconduct

as per the applicable Standing Orders.

Workmen indulging in such interference will

be liable for appropriate disciplinary action.

Union will be kept informed in case of

misconduct of any workman.

XXXIII.Union and workmen hereby agree that they

will strictly follow the attendance system

prescribed by the company from time to

time.

XXXIV. It is agreed by the Union and the Workmen

that in the event of amendment in any

legislation or introduction of any legislation

after signing of this Settlement, introduces

or revises pay/benefits which is covered

under this Settlement, the Workmen shall

opt only for the benefits either under the

Settlement or under the Law, whichever is

higher, but not both the benefits.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

1015

XXXV. In event of any Act, Government Resolution, Ordinance, Promulgation by the Appropriate

Government or Competent Authority under any law enforced Union and the Company shall sit

together and amend the necessary clauses if required.

–––––—

ANNEXURE III

Sr.

Emp. Code

Name of the Employee

Grade for period 1st April, 2022-31st March, 2026

No.

as per Clause 3

0168

Satyawan Maulingkar

PA1

0219

Prakash Girap

PA1

0233

Saiprasad Pokhare

PA1

0257

Anil Narvenkar

PA1

0288

Anil Kamat

PA1

0294

Mohan Borkar

PA1

0375

Samir Borkar

PA1

0413

Gopal Madiwalar

PA1

0479

Arvind Naik

PA2

10.

0580

Laxman Kowadkar

PA3

11.

0696

Nagesh Karivadekar

PA3

12.

0966

Nitin Sakpal

PA3

13.

0985

Mohan Patil

PA3

14.

0992

Ladu Sawant

PA3

15.

0997

Chandrasekhar Bingi

PA3

16.

1057

Vithu G. Naik

PA3

17.

1049

Vikas Chopadekar

PA3

18.

1069

Mangesh A. Rane

PA3

19.

1091

Baburav Sangvekar

PA3

20.

1095

Ganapati Madival

PA3

21.

1137

Karn Kumar Patil

PA3

22.

1134

Dewoo Kocharekar

PA3

23.

1108

Rajendra Gaonkar

PA3

24.

1142

Sanjay Malsekar

PA3

25.

1149

Ramesh Malgaonkar

PA3

26.

1150

Ashok Tilu Naik

PA3

27.

1151

Shailesh Gaude

PA3

28.

1158

Pandurang Gawas

PA3

29.

1164

Nitesh Naik

PA3

30.

1191

Hanumant Satarkar

PA3

31.

1198

Priyaranjan Das

PA3

32.

1226

Nyaneshwar Naik

PA4

33.

1227

Suraj Pednekar

PA4

34.

1245

Dinesh Gawas

PA4

1016

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

35.

1247

Viresh Sawkar

PA4

36.

1249

Jogeshwar Mahato

PA4

37.

1258

Tulashidas Acharekar

PA4

38.

1252

Mahadev Bagkar

PA4

39.

1287

Avinash Bhujbal

PA4

40.

1306

Nyaneshwar Velip

PA4

41.

1300

Gurudas Kudav

PA4

42.

1328

Yuvraj Kotharkar

PA4

43.

1351

Krishna Arlikar

PA4

44.

1354

Krishna R. Naik

PA4

45.

1358

Shankar Sapate

PA4

46.

1397

Satyawan Dignekar

PA4

47.

1434

Prashant U. Naik

PA4

48.

1538

Rohan D. Murkumbi

PA4

49.

1658

Bhimappa Biradar

PA4

50.

1659

Siddappa Nigari

PA4

51.

1708

Fatu Ghadi

PA4

52.

1736

Prabhu Vadar

PA4

53.

1746

Vasant Gunagi

PA4

54.

1749

Prashant Madival

PA4

55.

1787

Prakash Kurade

PA4

56.

1818

Sachin Palav

PA4

57.

1831

Clemente D’costa

PA4

58.

1960

Lilbahadur Gurkha

PA4

59.

2022

Iranagouda Patil

PA4

60.

2029

Faiyaz Shaikh

PA4

61.

2048

Kishor Madkaikar

PA4

62.

2068

Deepak Kolambkar

PA4

63.

2075

Vinayak Kattimani

PA4

64.

2076

Jitendra Sawant

PA4

65.

2092

Maruti Goudar

PA4

66.

2143

Kushal Naik

PA4

67.

2342

Chaloba Pawar

PA4

68.

2027

Mallanagouda Patil

PA4

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

1017

Department of Personnel

––––

Order

No. 24/1/2019-PER/Vol.I/427

In exercise of the powers conferred by sub-

-section (1) of Section 4 of the Goa Staff Selection

Commission Act, 2019 (Goa Act 11 of 2019), and in

partial modification of Government Notification No.

24/1/2019-PER/2302 dated 01-11-2019, published in

the Official Gazette, Series II No. 32 dated

07-11-2019, the Governor of Goa hereby appoints

Shri Narayan Sawant, IAS (Retd.), as the member of

the Goa Staff Selection Commission constituted vide

the Government Notification No. 24/1/2019-PER/

/2301 dated 01-11-2019, published in the Official

Gazette, Series II No. 32 dated 07-11-2019, with

immediate effect.

By order and in the name of the Governor of

Goa.

Raghuraj A. Faldesai, Under Secretary (Personnel-II).

Porvorim, 6th February, 2025.

——————

Department of Public Health

––––

Notification

No. 5/10/2011-II/PHD/PART-III/328

Ref.: Notification No. 5/10/2011-II/PHD/PART-III/119

dated 14-01-2025.

In pursuance to Section 13 A of the Transplantation

of Human Organs and Tissues Act, 1994, read with

Rule 30 of the Transplantation of Human Organs

and Tissues Rules, 2014, Government is pleased to

constitute the following Advisory Committee to aid

and advise the Appropriate Authority to discharge

its functions, for a period of 2 years from the date of

issue of this Notification:-

1. Secretary (Health)

—

Chairman.

2. Dean, Goa Medical College —

Member.

3. Prof. & Head, Department

—

Member.

of Urology, GMC

4. Dr. Shital Lengade, Consultant —

Member.

Transplant, Nephrologist

5. Dr. Virendra Gaonkar,

—

Member.

Chairman, Healthway

Hospital

6. Dr. Rajnanda Desai, OSD

—

Member.

to Minister (Health)

7. Justice (Rtd.) Anuja Prabhu —

Member.

Desai

8. Director of Food and Drugs

—

Member.

Administration

9. Prof. & Head, Department

—

Member.

of Ophthalmology, GMC

10. Prof. & Head, Department

—

Member.

of Nephrology, GMC

11. Joint Director (Technical-

—

Member.

-in-charge), SOTTO Goa

12. IMA, Goa State President

—

Member.

13. Prof. & Head, Department

—

Member.

of Neurosurgery, GMC

14. Prof. & Head, Department

—

Member.

of Neurology, GMC

15. Director of Health Services —

Member

Secretary.

This supersedes the earlier Notification No. 5/10/

/2011-II/PHD/PART-III/119 dated 14-01-2025.

By order and in the name of the Governor of

Goa.

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

Porvorim, 11th February, 2025.

——————

Department of Revenue

––––

Order

No. 32/3/2006/RD/1651

The Government of Goa is hereby pleased to

constitute a Committee to assess key aspects of

land acquisition and rehabilitation of slum dwellers

at Moti Dongar and to recommend the suitable

course of action as follows:

a) Director of Municipal

—

Chairperson.

Administration

b) Deputy Collector and SDM, —

Member.

Salcete-I

c) Inspector of Survey and —

Member.

Land Records, Salcete

d) Municipal Engineer,

—

Member.

Margao Municipal

Council

e) Deputy Collector

—

Member.

(Revenue South)

f) Senior Project Engineer, —

Member

GSUDA

Secretary.

1018

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 47

20TH FEBRUARY, 2025

The Committee shall have a tenure of 2 months

which shall be extended if required by Government.

The Committee shall meet biweekly to review the

progress. The Chairperson shall submit the report

to the Department of Revenue for communicating to

Government and the Ld. Advocate General.

Terms of reference:

To decide on the issue of the acquisition of

land for rehabilitation.

To work out the terms and modalities of the

rehabilitation process, i.e., whether to opt for

a PPP model or any Government scheme/

/Central Government scheme.

To develop the most feasible plan to settle the

issue.

Minimum land rates and area of land to be

acquired.

This Order shall come into force on the date of its

publication in the Official Gazette.

By order and in the name of the Governor of

Goa.

Vrushika Kauthankar, Under Secretary (Revenue-I).

Porvorim, 13th February, 2025.

——————

Department of Transport

Directorate of Transport

–––

Order

No. 5/2/93-Tpt/P.F./2024/387

The following Assistant Director of Transport (Group ‘B’ Gazetted) is transferred with effect on

administrative grounds and in public interest as detailed hereunder:-

Sr. No.

Name of the Assistant Director of Transport

Present posting

Posting on transfer

Shri Ladu Gaonkar

O/o. A.D.T., Pernem

Head Quarter, Panaji.

Shri Kamlakant Karapurkar, Assistant Director of Transport, Bicholim, shall hold additional charge of

Assistant Director of Transport, Pernem, until further orders.

The above Assistant Directors of Transport are directed to join the new place of posting immediately and

complete handing over/taking over formalities accordingly.

Further, the said Officers are directed not to avail joining period or any type of leave till they assume

charge at the new place of posting.

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

P. Pravimal Abhishek, IAS, Director & ex officio Addl. Secretary (Transport).

Panaji, 13th February, 2025.

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