SERIES II No. 6

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

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

Panaji, 9th May, 2024 (Vaisakha 19, 1946)

Note:- There are five Extraordinary issues to the Official

Gazette, Series II No. 5 dated 2-05-2024 as follows:-

(1) Extraordinary dated 3-05-2024 from pages

169 to 170 regarding Order from Department

of Home.

(2) Extraordinary (No. 2) dated 4-05-2024 from

pages 171 to 172 regarding Order from

Department of Home.

(3) Extraordinary (No. 3) dated 6-05-2024 from

pages 173 to 174 regarding Order from

Department of Home.

(4) Extraordinary (No. 4) dated 6-05-2024 from

pages 175 to 176 regarding Notice of Election

and Public Notice and Order from Department

of Panchayati Raj and Community Development.

(5) Extraordinary (No. 5) dated 8-05-2024 from

pages 177 to 178 regarding Notice of Election

and Public Notice from Department of

Panchayati Raj and Community Development.

GOVERNMENT OF GOA

Department of Labour

––

Order

No. 28/21/2021-LAB/240

Whereas, the Government of Goa is of the

opinion that an industrial dispute exists between

the management of M/s. GKB Hi-Tech Lenses

Private Limited, 50, Tivim Industrial Estate,

Karaswada, Mapusa, Goa and it’s workmen,

represented by the Goa Trade and Commercial

Workers’ Union, in respect of the matter specified in

the Schedule hereto (hereinafter referred to as the

“said dispute”);

And whereas, the Government of Goa considers

it expedient to refer the said dispute for

adjudication.

Now, therefore, in exercise of the powers

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

10 of the Industrial Disputes Act, 1947 (Central Act

14 of 1947), the Government of Goa hereby refers the

said dispute for adjudication to the Industrial

Tribunal of Goa at Panaji-Goa, constituted under

Section 7A of the said Act.

SCHEDULE

(1) Whether the action of the management of

M/s. GKB Hi-Tech Lenses Private Limited, 50,

Tivim Industrial Estate, Karaswada, Mapusa,

Goa, in dismissing the services of workmen,

namely:-

(1) Shri Arvind Gaonkar.

(2) Shri Atmaram K. Desai.

(3) Shri Pandhari G. Ajgaonkar.

(4) Shri Anand L. Kanolkar.

(5) Shri Sandesh Palyekar.

(6) Shri Mahesh L. Pokhare; and

(7) Shri Laximan G. Gawade, Machine

Operators, with effect from 19-08-2013, is

legal and justified?

(2) If not, to what relief the workmen are entitled?

By order and in the name of the Governor of

Goa.

Asha Harmalkar, Under Secretary (Labour).

Porvorim, 5th April, 2024.

————

Notification

No. 28/02/2024-LAB/154

The following Award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

26-02-2024 in Ref. No. IT/02/2023 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.

Asha Harmalkar, Under Secretary (Labour).

Porvorim, 04th March, 2024.

179

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

180

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

9TH MAY, 2024

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Mr. Anil Scaria, Hon’ble Presiding Officer)

Ref. No. IT/02/2023

Workmen,

Rep. by the General Secretary,

Varun Beverages Employees Union,

Gurudatt Building, 3rd Floor,

Dr. Dada Vaidhya Road,

Panaji-Goa.

…… Workmen/Party I

V/s

The Managing Director,

M/s Varun Beverages Limited,

Plot No. 4/A,

Sanguem Industrial Estate,

Dhabamol, Xelpem,

Sanguem-Goa.

…… Employer/Party II.

Workmen/Party I represented by learned Advocate

Ms. Siddhi Naik holding for Adv. Shri A. Prabhugaonkar.

Employer/Party II represented by learned Advocate

Shri M. S. Bandodkar.

AWARD

(Delivered on this the 26th day of the month of

February of the year 2024)

By Order dated 08-03-2023, bearing reference No.

28/07/2023-LAB/184, the Government of Goa in

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

the Industrial Disputes Act, 1947, has referred the

following dispute to this Tribunal for adjudication:-

“(1) Whether the action of the Management of

M/s.Varun Beverages Limited, Plot No. 4/A,

Sanguem Industrial Estate, Dhabamol, Xelpem,

Sanguem-Goa, in not conceding the following

demands raised by the Varun Beverages

Employees Union vide their letter dated

29-03-2019, is legal and justified

CHARTER OF DEMANDS

Demand No. 1: Revision of the Wage Structure:-

The existing pay scales shall be revised.

Demand No. 2: Flat-rise in basic salary pay-scales:-

(a) That with effect from 01-04-2019 each worker

be paid a sum of Rs. 15,000/- as a flat-rise over and

above the existing basic salary as on 31-03-2019. The

total basic salary as on 31-03-2019 plus a flat-rise of

Rs. 15,000/- per month be placed in the pay-scales.

(b) All the workmen should be designated

according to the nature of work duties presently

being carried out by them and their other existing

basic wages should be increased. All the workmen

should be given Rs. 1,000/- as annual increment.

Demand No. 3: Variable Dearness Allowance (VDA):-

All the workmen should be given V.D.A. as per all

India Base Consumer Price Index Series 1949=100

at the rate of Rupees 5.00 per point subject to

appropriate deduction in neutralization points. The

same may be given in order to compete with the sky

rocketed inflation in the market and day to day

rising standard of living of the people in the State of

Goa which is at par with Delhi the capital city of

the sub-continent country like India. It is therefore

demanded that handsome V.D.A. be paid to the

company workmen so that they can sustain against

the rising rate of inflation in the State.

Demand No. 4: Fixed Dearness Allowance (FDA):-

That with effect from 01-04-2019 all the work

persons be paid Fixed Dearness Allowance (FDA) @

2500/- per month.

Demand No. 5: House Rent Allowance (HRA):-

That with effect from 01-04-2019 all the work persons

be paid House Rent Allowance (HRA) @ 5,000/- per

month.

Demand No. 6: Leave facilities:-

The workers demand leave facilities as follows:-

(a) Privilege leave:- Each worker be made eligible

to Privilege Leave at the rate of 30 days per

annum with a facility to accumulate upto 100

days.

(b) Casual leave:- All the workmen should be given

15 days casual leave per annum with a facility

to encash the balance unavailed leave.

given up to 20 days per annum with a facility

to accumulate up to 15 days.

(d) Paternity Leave:- Every eligible workmen be

given 10 days paternity leave with a full pay.

(e) Beverment Leave:- In case of death of any family

member of the workmen, the concern worker

be granted 12 days leave with full pay.

(f) Physical Attendance:- Limits of physical

attendance of the workmen should be 210 days

per annum.

(g) Bandh Day: If company is running on bandh

day/general strike day in Goa, company should

take all responsibility and provide free

transportation facility with security to the

workmen from home to company and back to

home. And if it is not possible, company must

make full pay on such days.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

9TH MAY, 2024

181

(h) R. H. Holidays: R. H. Holidays should be

considered as regular holidays.

Demand No. 7: Transport Facility:

(a)

Transport Facility:- Existing facility of

transport should continue and additional

transport facility must be provided on

Shiroda to Ponda route.

(b)

Those workmen who are not afforded

transport facility by the company should be

paid at the rate of Rs. 10/- per km. with a

shortest distance from house to the place of

employment.

(c)

Regular Inspection:- That further regular

inspection of transport vehicles to ensure

safety and security of the workmen be done

with a regular interval of every three months.

(d)

Similarly it is demanded that the transport

contractor be changed after every five years.

Demand No. 8: Allowances:

(a) Children Educational Allowance: Union

demand that all the eligible workmen should be

given Children Education Allowance (CEA) @

Rs. 2,400/- per month.

(b) Washing Allowances: That with effect from

01-04-2019 each workmen be paid washing

allowance @ INR 2,000/- per month per person.

should be eligible to Leave Travel Allowance (LTA)

at the rate of one month gross salary per annum.

(d) Shift Allowance:- Union demanded that each

workmen be paid shift allowance as below:-

1st Shift Allowance Rs. 100/- per day.

2nd Shift Allowance Rs. 150/- per day.

3rd Shift Allowance Rs. 200/- per day.

Whereas continuous work duties during the third

shift be inverene with one hour of rest with a provision

of free supply of breakfast or light refreshment.

(e) Inconvenience Allowance:- Similarly,

Inconvenience Allowance Rs. 100/- per day be

paid to all the workmen on 3rd Shift.

(f) Service Allowance:- All the workmen should

be given service allowance of Rs. 100/- on every

complete years of service.

(g) Attendance Allowance:- In order to encourage

and motivate maximum attendance allowance as

shown below be paid:-

26th days attendance Rs. 600/- per month.

24th days attendance Rs. 400/- per month.

22nd days attendance Rs. 200/- per month.

(h) Maintenance Allowance: Machine Maintenance

Allowance of Rs. 500/- per month be paid to the

workmen who repairs the machine or work towards

dismantling/assembling of machine.

(i) Medical Allowance:- The Union demand that

all the workmen who are not under E.S.I. Scheme

be paid the medical allowance @ INR 3,500/- per

month per person. All their medical expenses

including the expenses towards domiciliary

facilities and treatment to the workmen and his

family including dependent parents be reimbursed

by the company. The same is required in view of

the fact of high cost of medicines, doctors and

hospitalization fees etc.

Demand No. 9: Medical Facilities:

(a) Insurance Cover: All the workmen should be

covered under medical policy up to Rs. 5,00,000/-

(Rupees five lakhs only) extending the insurance

coverage to their spouse, children and

dependent parents.

(b) Death Insurance: All the workmen should be

covered under Death Insurance Scheme of

Rs. 15,00,000/- (Rupees fifteen lakhs only) for

any kind of death that may be caused during

their tenure of service in the company.

be covered under accident insurance related

scheme for a benefit of Rs. 10,00,000/-.

(d) If any worker undergoes medical treatment or

any sickness or disease and has to remain

absent on duty due to sickness for a longer

period, he should be given full pay special leave

till be joins his duty.

(e) Company should tie up with standard hospital

for the purpose of extending the facility of

immediate treatment to the workmen in case of

an emergency.

(f) Standby 24 hours ambulance facilities should

be made available.

(g) Company should grant a sum of Rs. 25,000/- as

an emergency medical assistance in case of

required hospitalization or death of family

members of the workmen.

Demand No. 10: Loan Facility:-

(a) Personal Loan:- Union demand that interest free

personal loan of Rs. 3,00,000/- (Rupees three

lakhs only) should be given to the workmen to

be repaid with an easy monthly installment

within a period of 7 years.

(b) House Loan:- Interest free loan of Rs. 5,00,000/-

(Rupees five lakhs only) be paid to workmen towards

the construction or upgradation of a house.

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SERIES II No. 6

9TH MAY, 2024

Demand No. 11: Other Facilities:-

(a) The facilities which have not been expressly

modified/changed/altered shall continue to be

applicable and enjoyed by the workmen and

they shall not be adversely affected as a result

of present demand.

(b) Death Relief Fund: In case of a death of any

workmen caused during the service in or outside

the factory premises, all the workmen shall

contribute towards the death relief fund to the

extent of one day’s wages and employer should

contribute a sum of Rs. 2,00,000/- (Rupees Two

Lakhs Only) and such amount to be paid and

handed over to the legal heirs of the deceased

as a death relief fund.

given Rs. 20,000/- as a Festival Advance once in

a year along with two crates of pat bottles or

fruit juices.

(d) Marriage Gift: On workmen’s marriage, one month’s

gross salary should be given as a gift to him.

(e) Service Reward: All the workmen should be

given service reward as shown below:

(1) Completion of 5 years service

— Rs. 10,000/-

(2) Completion of 10 years service

— Rs. 15,000/-

(3) Completion of 15 years service

— Rs. 20,000/-

(4) Completion of 20 years service

— Rs. 25,000/-

(5) And the service above 20 years — Rs. 30,000/-

Demand No. 12: Other Demands:

(a) In future new line comes and old workers are

forced to operate new line, he should be given

flat rise of Rs. 5,000/- in basic salary.

(b) If plant is running in 3 shifts, then company should

provide 3:3 Relief System and also give back-up

reliver.

worker every month.

(d) Birthday Coupon: Company should give

Rs.1,000/- as Birthday Gift to every workmen

(Which includes 1 kg. cake, chocolates and a

case of fruit juice and a gift vocher).

(e) Safety Shoes etc: Raincoats, umbrellas & Safety

shoes of standard quality to ensure industrial

safety should be provided to the workmen every

year.

(f) Uniform: Three sets of uniforms of a standard quality

fabric be provided to the workmen every year.

(g) Canteen facility should be improved and superior

quality of food should be provided to all the

workmen and to ensure the same, contract of

canteen should be changed every year. 100%

subsidized food be provided to all workmen.

(h) Picnic: Company should arrange 2 days overnight

picnic outside the State of Goa in the monsoon

season somewhere in the month of July with a

proper arrangement of a transport, food and

accommodation for all the workmen and if the

same is not feasible then in such case the

workmen be paid Rs. 3,000/- towards picnic. If

any workmen required to attend his duty on

such date, he should be given extra benefit as

mentioned above.

(i) Bonus Ex-Gratia: That each worker be paid

Bonus-cum-Ex-Gratia @ 20% per annum without

any ceiling.

(j) Scholarship: Children of workmen should be

awarded every year by giving scholarship as

below for achieving 80% and above.

Std. I–V

—

Rs. 2,000/-

Std. VI to IX

—

Rs. 5,000/-

Std. X

—

Rs. 10,000/-

Std. XII

—

Rs. 15,000/-

Graduate

—

Rs. 20,000/-

(k) Company should give 50% discount to its

workmen towards the purchase of its own

products for workers’ family functions and

celebrations.

(l) Company should provide fully furnished office

premises with computer facility and other

equipment for the Union Office.

(m) Company should provide a rest room with

necessary facilities.

(n) Promotion facility should be considered.

(o) Payment of Arrears: In case of delay caused in

timely arriving at the amicable settlement over

a workers COD, all the workmen shall be paid

along with the interest rate @ 12% payable to

them since the commencement of the new

period of settlement till actual signing of the

settlement.

(p) Similarly arrears on LTA, overtime and bonus

also be paid to workmen as in case of arrears on

the settlement

(q) Rectification/fitment of V.D.A. of some workers

should be made.

(r) Company should relieve unit committee to do

union

work/attending

meeting/training

programme etc. and grant them special leave.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

9TH MAY, 2024

183

Demand No. 13: Shift Timings:-

The timing of the shift should be changed as

under:-

1st Shift 7.00 a.m. to 3.00 p.m.

2nd Shift 3.00 p.m. to 11.00 p.m.

3rd Shift 11.00 p.m. to 7.00 a.m.

That accordingly transportation/bus shall leave

one hour before from Ponda and Arlem.

Demand No. 14:- Formation of Society:-

In case if the Union resolves to form employees

credit co-operative society among the workmen,

company should support the Union in all terms by

providing premises along with infrastructure such

as furniture, laptop and safe, etc. with a facility of

deduction of installments from the monthly wages

of the debtor.

Demand No. 15:- Special Demand:-

(1) Gratuity should be given at 45 days total

wages of every completed year of service.

(2) VRS (Voluntary Retirement Scheme) to be

implemented and all the benefits to be given which

are there.

(3) After A.I.B. audit, every workmen should be

given a gift.

(4) Multi-skilling: All the workmen should get

multi-skill pay out which is there in STD-Multiskill

Act.

Demand No.16: Retrospective Effect: All the above

demands and benefits should be given with effect

from 1st April, 2019.

Demand No. 17: Period of Settlement:- The period

of settlement shall be of 3 years.

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

what relief the workmen are entitled to?”

2. Upon receipt of the reference, it was

registered as Reference No. IT/02/2023. Notices were

issued to the Parties by registered post,

acknowledgement due.

3. The Parties appeared and filed their

Memorandum of Settlement dated 25-09-2023

(Exhibit 5 Colly) stating as follows:

I. Object of the settlement

a. This settlement is an expression of the joint

commitment of the Parties to continue to

maintain a harmonious and purposeful

industrial relations climate through collective

bargaining, for improved conditions of the

employment of the workers and simultaneously

endeavor to achieve all round growth and

progress of the Company through improved

production and productivity, critical for

sustaining leadership position of the Company.

b. The Union on behalf of the workers hereby

agrees to extend their whole hearted

co-operation in the key result areas of

Productivity, Quality, Safety, Multiskilling,

Training & Development, TPM, Maintenance

& Warehouse practices, Total Quality

management, implementation of management

plans for modernization, mechanization

and/or computerization of operations at

the Sanguem, Goa Plant.

II. Scope, coverage, terms & applicability

of the settlement:

a. This settlement covers all the permanent &

confirmed workmen working at the Sanguem,

Goa Factory (hereinafter referred to as

workmen) as per the attached list (Annexure 5)

and who are on the rolls of the Company as on

the date of signing of this settlement. Any

workman joining or signing this Settlement post

the signing of this settlement by both the

Parties, will not be covered under this

settlement or till the applicability of this

settlement. All terms and conditions applicable

to him will be as per management decision and

prerogative.

b. It is agreed by and between the Parties that

this settlement shall come into force with effect

from 01-01-2023 till 31-12-2025 i.e. for a period

of three (3) years and will continue thereafter

unless the same is terminated by either Party

according to the provisions of Industrial

Disputes Act, 1947 as may be amended from

time to time.

c. That after an application for registration of this

settlement under Section 2 (p) of the Industrial

Disputes Act, 1947 is filed before the

appropriate authority and thereafter if any

workman wishes to avail the benefits of this

settlement, then he will have to submit a

written undertaking to this effect and upon

acceptance by the Management, the benefits

under this settlement shall only accrue to him

with effect from the date of submission of the

undertaking.

d. All benefits given earlier and not covered under

this settlement shall continue.

e. Both Parties agree that all communication with

and by the Management to the Union will

always be in English.

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9TH MAY, 2024

III. Increase in wages and allowances:

(a)

A wage increase of Rs. 3,500/- (Rupees three thousand and five hundred only) will be given in

the ratio of 77:11:11 equally to all workers in a period of 3 years starting from 1st January, 2023.

(b)

All medical facility will be as per Factory Act.

Components

1st Year

2nd Year

3rd Year

Total

From

1 Jan, 2023

1 Jan, 2024

1 Jan, 2025

31 Dec, 2023

31 Dec, 2024

31 Dec, 2025

Basic

1350

200

1750

HRA

270

350

Travel Allow.

1080

160

1400

Total Gross

2700

400

3500

IV. Wage Scale & Grade Increment:

i. It has been agreed by and between the Parties that the existing wage scale and grade increment will

continue to be same which is reproduced as below:

Skill/Designation

Operations

OA-1Unskilled

2000 90 2450 110 3000 135 3675 165 4500 200 5500 245 6725 305 8250 370 10100

worker/Helper/

/Office Boy/

/Cleaner/

/Sweeper

OA-2 Junior Asst./ 2200 100 2700 120 3300 145 4025 180 4925 220 6025 270 7375 330 9025 405 11050

Junior Shipper/

Store Asst./

/Cooler Asst./

/Asst. Mechanic/

/Jr. Boiler Operator

OA-3 Driver/forklift 2400 110 2950 135 3625 165 4450 200 5450 245 6025 300 8175 370 10025 450 12275

oper./PMX

Technician/Fitter/

/Electrician/

Plumber/

/Sr. Cooler

Asst./Sr. Asst./

/Shipper/Boiler

Operator

OA-4 Sr. Driver/Sr.

2600 120 3200 145 3925 175 4800 215 5875 265 7200 325 8825 395 10800 485 13225

Asst./Senior

Forklift Oper/

PMX Senior

Technician/

/Sr. oper/Sr.

Fitter/

/Sr. electrician/

/Sr. Plumber/Asst.

Supervisor/Sr.

Shipper/Sr. Boiler

Operator

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

9TH MAY, 2024

185

OA-5 HV Driver

3000 135 3675 165 4500 205 5525 250 6775 305 8300 375 10175 460 12475 560 15275

(interstate

driving)/sup

OA-6 Sr. Supervisor 3500 1604300 195 5275 235 6450 290 7900 355 9675 435 11850 535 14525 655 17800

ii) It has been agreed by and between the

Parties that Annual Increment as per grade scale

will continue as per current practice.

iii) It has been agreed by and between the Parties

that two Special Increment to the retiring worker

as per grade scale will continue as per current

practice.

V. Variable Dearness Allowance (VDA) & Fixed

Dearness Allowance (FDA):

It is agreed by and between the parties that

existing practice of giving VDA and FDA will

continue as it is.

VI. Medical Allowance:

It is agreed by and between the Parties that all

workers for whom ESIC Act is not applicable as per

the Government stated limit of eligibility and for

whom ESIC constribution is not deductible, will get

a medical allowance which will be calculated as

per existing practice i.e. Sum of (Basic + VDA +

FDA + HRA + Education Allowance) multiplied by

applicable statutory rate of ESIC employer

contibution.

VII. Bonus, Ex-gratia and Incentives:

It is agreed by and between the Parties that the

present practice of giving bonus, ex-gratia and

incentives will continue as it is.

VIII. It is agreed that by and between the parties

that the present applicable practice of paying Leave

Travel Allowance (LTA), Shift Allowance, Washing

Allowance, Inconvenience Allowance, loan facility,

leave rules and holidays will continue as it is.

IX. It is agreed that by and between the parties

that the present applicable practice of giving

Retirement Gift, Uniform, Safety Shoes, Rainwear,

Transport and Canteen will continue as it is. It is

also agreed that there will be an annual Picnic and

gifts will be distributed annually.

X. It is agreed between the parties that all the

dues viz. Overtime, Bonus, LTA and medical

difference shall be paid to every eligible worker

from January, 2023 till date.

XI. Group personal Accident Policy (GPA) &

Group Term Life Insurance Policy (GTU):

The Group Term Life (GTL) Insurance Policy and

the Group Personal Accident Policy (GPA) will be as

per VBL Policy.

XII. Agreement Related to Business Needs:

It is agreed by and between the Paties that both

Parties will take proactive steps to address the

changing business needs and agree to the

accountabilities, manning and productivity norms,

flexibility, process improvements, initiatives

pertaining to individual Associates and teams and

adhere to good manufacturing practices as

mentioned below and/or as set out by management

from time to time in consultation/discussion with

recognized Union.

a. Active participation in new initiatives: It is

agreed by between the parties that all Associates

must take active interest and ensure full

participation in implementing various best

practices like HACCP, ISO, TPM & other Good

Manufacturing practices that are declared/

/launched by the company from time to time in

order to ensure the Plant is competitive in terms of

productivity, quality, material usage/yield/norms

and cost effectiveness comparable to the best in

class. Workers to participate whole heartedly in

advanced shop floor practices that improve plant

performance as introduced by management from

time to time.

b. Safety & Work Environment: It is agreed by and

between the Parties that all workers, both

individually and in groups, will take active interest

and ensure full participation in implementing safety

norms and ensuring good hygiene standards in the

Plant. All Associates must compulsorily use personal

protective equipment (PPEs) to avoid accidents.

Every worker will be required to actively participate

in Small Group Activity for continuous improvement

in Quality, Food Safety, Productivity, Safety and

other parameters critical to performance, good

personnel hygiene in the premisies by following

the Factory Act, 1948, Company Food Safety Policy,

Quality Policy, Jewelry Policy, Environment, Health

and Safety Policy.

c. Multi-skilling

It is agreed by and between the Parties that in

addition to constantly improving efficiency on their

existing equipment, multi-skilling shall be accepted

by all the workers irrespective of their grade with

a view to learn new equipment operation/processes

across departments and to achieve the same, all

workers shall co-operate with the Management for

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

9TH MAY, 2024

introducing various initiatives. Management in

consenus with the Union may workout plan for multi

skill task as per requirment. All workers need to

actively participate in multi skill training. Every

worker will acquire skills to be able to operate any

equipment and/or run any operation across lines

and departments as per Management guidelines.

For the purpose of multi-skilling, the increase will

provide adequate training, as and when required.

Increase in skill levels will be evaluted through a

formal process to be annouced by the Management

from to time.

d. Adherence to Good Manufacturing Practices: It

is agreed by and between the Parties that evey

workers will be responsible for running,

maintaining and cleaning of the machine where he

is deployed. Workers must engage in such activity

proactivity both individually and in teams without

waiting for any special instruction from the

management.

ii. Workers should follow the shift schedule

regularly and during shift and over take over should

follow the process as laid down by the Management

from time to time. No worker to leave the work

premises or designated work place in case of

running work/machine without due approval/

/knowledge of his/her supervisor.

iii. All workers will actively participate in

maintenance & warehouse practices (M&W),

equipment wise team formation and participation

and such other processes and initiatives as

announced by the Management from time to time

in Sync with up gradation of technology and work

practices.

iv. Equipment operator will be responsible for

carrying out periodic (daily, weekly, monthly and as

prescribed) maintenance as well as breakdown

maintenance of assigned equipment.

v. All workers will maintain continuously update

equipment logbooks and data records, as per

operational requirments and prescribed standards

of the organization or as prescribed by Management

from time to time.

vi. All workers must co-ordinate sanitation and

change over and ensure that this is as per

prescribed timelines and as per standard Operating

procedures of PepsiCo/VBL as amended from time

to time. It is mandatory that during Changeover/

/Sanitation, all concerned operators and relievers

must be present at the respective equipment and

participate actively to ensure completion in the

minimum possible time.

vii. All workers should maintain their

communication log books and also communicate

verbally during hand-over. They must ensure that

there is no line stoppage during shift handover/

/takeover. Also during the handover/takeover

process, all workers need to ensure that the

productivity/machine efficiency, quality/safety/

/relevant process is followed diligently.

viii. As and when any line is under maintenance

or is not working due to “low/no production

demand” or any reason whatsoever, some kind of

participative or group assignment shall be

necessarily carried out within the scope of work.

ix. All workers will attend their duties in clean

uniforms and shoes at all time and ensure personal

hygiene at all time while following all process and

norms as laid down by the Management from time

to time.

e. Manning, Productivity and Flexibility: For the

purpose of “running handover” through good

communication and proper handling and taking

over, every worker should be present at the assigned

workstation at the shop-floor in uniform and shoes

at least 10 minutes before the start of his/her shift

time. No worker should leave his/her machine/

/workplace unless operator/assigned worker from

the next shift has arrived and taken complete

handover. In any case, no operator/worker shall

leave his workstation unattended without informing

the Management/Supervisor/authorized person by

the Management and till alternative is made.

f. Manpower Rationalization: It is agreed by and

between the Parties that whenever required due to

business need, suitable number of ITI qualified

candidates shall be employed as trainees for a

period of one year. The confirmation upon

completion of probation period would depend upon

their individual performance and the past record.

g. Flexibility to meet market exigencies:

i. In case of market exigencies, it is agreed

by both the parties that whenever notified by

the Management, the workers shall fully

co-operate by working on a weekly off day/

/Holidays and availing the substituted weekly

off as per current practice/prevailing Labour

Laws.

ii. It is agreed by both the Parties that whenever

there is a business requirement, the workers will be

working as per the shift schedule as pasted/notified

by the Management from time to time.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

9TH MAY, 2024

187

13. General:

a. It has been agreed by the Union that all the

points mentioned in Essential Business

Requirement will be followed and respected

for productivity improvement and shop floor

discipline.

b. All workers agree to abide by all rules and

regulations as applicable from time to time by

company to maintain displine within the

factory premises and for business contiunity.

Workers are further aware that any

non-adherence or any breach of said

provisions under this settlement or as

applicable from time to time by Company to

maintain discipline within the Factory

premises and/or for business continuity would

be considered as gross misconduct and

management reserves the right without

prejudice to initiate strict action as deemed fit

and appropriate under the law meanwhile

withholding/withdrawing any increment

given as per this settlement, if proven guilty of

misconduct as per the I. D. Act.

c. It is agreed that no Union activity including

General Body meeting, Union meeting,

Communication meeting etc. would be carried

out withing the Factory premises or during

duty hours. It is further agreed that no worker

as individual or as a group would try to disrupt

the general working condition of the Company

at any time.

d. It is agreed by and between the Parties that

Union/Workers will co-operate with the

Management for increasing Production/

/Productivity/efficiency of the Plant, making it

cost effective and eliminating wasteful

practices.

e. It is agreed by and between the Parties that

during operation of this settlement, the

workers or the Union shall not raise any

dispute either individually or collectively in

respect of the matters covered under this

settlement and/or involving any financial

burden or restrictive processes for the

Company. Both Parties also agree to maintain

and upkeep industrial peace and harmony and

healthy atmosphere of productivity.

f. If at any point of time, workers either jointly or

corroboratively resort to non-adherence of any

clause of this settlement or non-adherence to

the norms/process/procedure as laid down by

the Management from time to time, in such

case, Management without any further

intimation reserves full right under its

authority to stop/withdraw/recover benefit/

/salary increase given under this settlement.

g. It is agreed and affirmed by the union that

during the currency of this settlement, no

demand will be raised by the Union or through

its workman which may put any kind of

Financial burden or otherwise on the

company.

h. It is agreed by and between the Parties that

this settlement settles all demands on the

Union/workers detailed in their Charter of

Demands dated 29th March, 2019 and dated

25th March, 2022. Demands of the Union/

/Workers, which are not specically mentioned

here, have been dropped by the workers/Union

during the collective bargaining process and

therefore, the same are deemed to have been

resolved and settled for the full period of the

operation of this settlement and thereafter.

i. During the applicability of this Settlement and

thereafter, Union through its workers agrees

that they will resort to unfair means of work

or would never resort to any strike or work

stoppage or any activity that may be termed

as go slow activity or any slogans shouting

inside or around the Factory premises or any

activity that depicts a non-operation

movement either as a whole or as an individual

or as a specific group. Further, Management

agrees that they will not resort to any unfair

labour practices.

14. Ex-gratia payment:

As a gesture of goodwill, Company will pay one-

time ex-gratia amount of Rs. 1,00,000/- (Rupees one

lakh only) per head to eligible workers as per

Annexure 5. This one time lump sum payment made

to the workmen is recoverable from the workmen

either from all or individual in case the workmen as

whole or as individuals resort to any activity that

discrupt the industrial peace and harmony at the

factory premises and/or hampers the productivity

188

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

9TH MAY, 2024

of company during the applicability of this

agreement. Since the amount mentioned in this

paragraph is an Ex-gratia amount, same shall not

attract PF, ESIC, Bonus and Gratuity for the purpose.

4. Please note that Annexure-5 to the

Memorandum of Settlement is made an annexure to

this Award.

5. I have gone through the records of the case

and the Memorandum of Settlement and I am

convinced that the Memorandum of Settlement filed

by the Parties are just and fair and are in the interest

of the Parties and therefore, the same are accepted.

Hence, I pass the following:-

ORDER

(i) The reference in Ref. No. IT/02/2023 stands

awarded as per Memorandum of Settlement at

Exhibit 5 Colly.

(ii) No orders as to cost.

(iii) Inform the Government accordingly.

Sd/-

(Anil Scaria),

Presiding Officer,

Industrial Tribunal and

Labour Court.

————

ANNEXURE 5

Sr. No.

Empl. Code

Name of the Employee

Designation

Grade

60020002

Rajesh Redkar

Sr. Supervisor

OA-6

60020015

Shivdas Ranganath Naik

Operator

OA-3

60020054

Yeshwant Jaiwant Kerkar

Junior Boiler Operator

OA-3

60020019

Menino Fernandes

Jr. Operator

OA-2

60020008

Santosh Raghunath Balkate

Jr. Operator

OA-2

60020009

Pandurang Chandrakant Naik

Jr. Operator

OA-2

60020010

Anil Gangadar Padti

Jr. Operator

OA-2

60020011

Dipak Mhalsekar

Jr. Operator

OA-2

60020006

Pritesh Naik

Jr. Operator

OA-2

10.

60020014

Prasad Korgaonkar

Jr. Operator

OA-2

11.

60020024

Ratnappa Kadappa

Operator

OA-3

Kamble

12.

60020020

Minesh Jaiwant Chari

Jr. Operator

OA-2

13.

60020022

Ramnath Laxman Vagonkar

Jr. Operator

OA-2

14.

60020023

Pankaj Pundalik Naik Shirodkar

Jr. Operator

OA-2

15.

60020026

Mukesh Suresh Bhandari

Jr. Operator

OA-2

16.

60020027

Divyanand Suresh Kotharkar

Jr. Operator

OA-2

17.

60020028

Suraj Dayanand Rane

Jr. Operator

OA-2

18.

60020029

Mahanand Laxman Nagekar

Jr. Operator

OA-2

19.

60020030

Rupesh C. Kotharkar

Jr. Operator

OA-2

20.

60020032

Gajanan G. Nagekar

Jr. Operator

OA-2

21.

60020017

Vithoba P. Naik

Jr. Operator

OA-2

22.

60020020

Zeferino Gauncar

Jr. Assistant

OA-2

23.

60020025

Leonard Ferrao

Jr. Assistant

OA-2

24.

60020032

Durga Rama Naik

Jr. Assistant

OA-2

25.

60020035

Ashok Pandu Naik

Production Worker

OA-2

26.

60020038

Nicolau Fernandes

Production Worker

OA-2

27.

60020040

Josico Piedade Dias

Production Worker

OA-2

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 6

9TH MAY, 2024

189

28.

60020041

Agnelo Moraes

Production Worker

OA-2

29.

60020042

Antonio Pango

Production Worker

OA-2

30.

60020043

Suhaas Harishchandra Ghadi

Production Worker

OA-2

31.

60020044

Dayanand Shanta Mhalsekar

Production Worker

OA-2

32.

60020049

Inacia Pereira

Production Worker

OA-2

33.

60020050

Rajani Narayan Chari

Production Worker

OA-2

34.

60020052

Meera Baburao Gaude

Unskilled Worker

OA-1

35.

60020055

Mohini Mahesh Gaude

Unskilled Worker

OA-1

36.

30000396

Manoj Mhablu Gaonkar

Jr. Assistant

OA-2

37.

30000402

Sandesh Lavu Naik

Jr. Operator

OA-2

38.

30000428

Anil Kumar Pal

Jr. Assistant

OA-2

39.

30000459

Mahesh Keshav Borkar

Jr. Assistant

OA-2

40.

30000779

Pankaj Kamlakar Gaunker

Jr Assistant

OA-2

41.

30000780

Sarvesh Vassant Gaonkar

Jr. Assistant

OA-2

42.

30000781

Sameer Mujawar

Jr. Assistant

OA-2

43.

30000783

Dinesh Yewadkar

Jr. Assistant

OA-2

44.

30000784

Jitendra Mahadev Velip

Jr. Assistant

OA-2

45.

30000787

Amarjit Jawaharlal Varma

Jr. Assistant

OA-2

46.

30000788

Nilesh Krishna Janodkar

Jr. Assistant

OA-2

47.

30000789

Nilesh Prakash Bandhari

Jr. Assistant

OA-2

48.

30000793

Kapil Babal Velip

Jr. Assistant

OA-2

49.

30000790

Narendra Premanand Naik

Jr. Assistant

OA-2

50.

30000792

Satish Sadashiv Gaonkar

Jr. Assistant

OA-2

51.

30000806

Jano Babu Goro

Jr. Boiler Operator

OA-3

52.

30000822

Prashant Babuso Velip

Jr. Assistant

OA-2

53.

30000824

Sahil Yassin Shaikh

Jr. Assistant

OA-2

54.

30000825

Chandreshwar Vithoba

Jr. Assistant

OA-2

Gaonkar

55.

30000826

Paresh Shrikant Velip

Jr. Assistant

OA-2

56.

30001063

Neelesh Chandrakant

Jr. Assistant

OA-2

Mirasi

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