FORM – W (RULE – 69)
NAME OF PARTIES
1. M/S Helix Pharma (Pvt.) Ltd
A/56, S.I.T.E. Karachi (Employer)
2. Helix Pharma (Pvt.) Ltd Employees Union
C/o A/56, S.I.T.E. Karachi – (C.B.A)
REPRESENTING EMPLOYERS
1. Mr. Mohammad Ahmad Khan - (Director Operations)
2. Mr. Qaiser Jamal - (Director Finance)
3. Dr. Obaid Siddiqui - (G.M Quality Operations)
4. Mr. Tanweer Ahmad - (Sr. Manager HR & Admn)
5.Mr. Mohammad Amir Khan - (Sr. Manager Accounts)
REPRESENTING WORKERS (C.B.A)
1. Mr. Imran Aziz - President
2. Mr. Hayatuddin - (Sr. Vice President)
3. Ms. Rashida Rehman - (Vice President)
4. Mr. Bakht Zamin Khan - (General Secretary)
5. Mr. Farhad Ali - (Sr. Joint Secretary)
6. Mr. Shakir Iqbal - (Joint Secretary)
7. Mr. Mohammad Hassan - (Finance Secretary)
8. Mr. Mohammad Raza - (Press/Propaganda Secretary)
SHORT RECITAL OF THE CASE
This agreement is arrived on this 18th day of June, 2012 at Karachi between M/s Helix Pharma (Pvt.) Ltd. (herein after called “COMPANY”) and Helix Pharma (Pvt.) Ltd. Employees Union (herein after called “THE C.B.A UNION”), which expression where ever applicable for the purpose of this agreement shall include and mean their successors assigns.
Whereas the said C.B.A Union through its General Secretary submitted a charter of demands dated January 1st, 2012, U/S 42(1) of IRA 2010, while the management has also served a Notice of demand under section 42(1) of IRA 2010, simultaneously to the C.B.A union vide letter dated 02-01-2012. Various meetings for bilateral negotiation where held between the parties but due to adamant attitude of C.B.A office bearers, the General Secretary, C.B.A issued a Notice of Strike dated 16.01.2012 under section 42 read with Section 48, IRA 2010, while the management has also issued a Notice of Lock out date 16.01.2012 under section 42 read with section 44, IRA 2010 to the General Secretary C.B.A union the copies endorsed to Area Conciliator and other where after, several meetings were held before the Area Conciliator and demands raised by the C.B.A union and the management were discussed at length. Lastly a joint meeting of parties in presence of Area Conciliator was held on today and realizing the present situation have mutually agreed and in consequences whereof the following settlement has been arrived between the parties being full and final settlement of the demands raised by the C.B.A Union as well as by the management in their afore-mentioned charter of demands and the settlement has been concluded which as follows.
TERMS OF SETTLEMENT
1. SALAY / WAGES
Taking into consideration the present inflation which has been increased considerably and pointed out by the C.B.A, the management has agreed to grant an increase of Rs. 2200/- per month on the basis that 50% of the said increase will be credited in the basic salary/wages while the remaining balance of 50% of present increase will be adjusted in other allowance w.e.f. 01.01.2012 to all permanent Workmen who were on the payroll of the company on 1st January, 2012 and who have completed 12 months continuous service on the said date as workmen and are still in the employment of the company on the date of singing of this Settlement.
2. ANNUAL INCREMENT
The Management has agreed to enhance the existing rate of Annual increment from 8% to 10% according to the following schedule. Applicability and calculation of such increment will be subject to completion of 12 months of continuous confirmed service as on the date of increment as mentioned below:
| YEAR | RATE OF INCREMENT |
| W.e.f 1st July, 2012 | 10% |
| W.e.f 1st July, 2013 | 10% |
3. ATTENDANCE/PUNCTUALITY ALLOWANCE
a) Attendance/Punctuality allowance has been increased from Rs. 500/- to Rs. 600/- (Six hundred only) per month.
b) A total grace time of 5 minutes per day will be allowed to all workers.
c) if any worker is late for more than 5 minutes grace time for 5 days during a month, then one half-day leave/wages will be deducted. Such workers will not be eligible for Attendance/Punctuality allowance during that particular month.
d) Workers availing more than one sick leave or casual leave (one half-day additional leave in case of extreme emergency) in a month will disqualify himself/herself for Attendance/Punctuality allowance during that particular month.
e) Worker reporting late for more than one hour after duty time will not be allowed to perform duty for that day.
f) Relaxation may be given in case of public strike, any natural calamity or any untoward situation in the city at the sole discretion of the management however, habitual late comers will not be eligible for any relaxation.
4. EMERGENCY RELIEF
The Management has agreed to revise Emergency Relief from Rs. 12,000/- (Twelve thousand only) to Rs. 15,000/- (Fifteen thousand only) which will be given to the legal heirs of deceased workman who has died while in the employment of the company.
5. APPRECIATION REWARD
A workman who has full attendance in a year and does not avail any leave during the financial year will be given an Appreciation letter apart from cash reward which has been increased from Rs. 1200/- (twelve hundred only) to Rs. 1500/- (Fifteen hundred only).
6. GRATUITY
The Management has agreed that if any worker having 22 years or more service, retires, resigns or his services are terminated by the employer other then for misconduct will be paid Gratuity of 42 days (30 days on gross and 12 days on basic plus COLAs).
The quantum of payment of gratuity will be according to the following schedule:
| NO. OF YEARS IN CONTINUOUS SERVICE | GRATUITY APPLICABLE |
| Up to 10 years | 30 days |
| From 11 – 21 years | 36 days (30 days on gross & 6 days on Basic COLAs) |
| 22 years and above | 42 days (30 days on gross & 12 days on Basic COLAs) |
7. PROFIT BONUS
The management has agreed to pay annual Bonuses for the year ended 30th June, 2012 and 30th June, 2013 in the event of profit only in accordance with the following schedule:
a) One and half Bonus on gross wages on financial year closing salary will be paid during the 4th week of Shaban.
b) Bonus under Standing Orders 10-C of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 equal to one month’s gross wages and half month gross wages/salary on financial year closing salary as bonus will be paid during early 1st week of Zil-hajj
8. TOWEL
The management has agreed to give 2 towels to all unionized workers once in a year.
9. SET OFF
a)Since the increase in wages and other allowances has been given and increase in attendance allowance has been allowed due to rise in cost of living and present inflation, therefore in the event of any indexation of wages and any other allowance such as Special Allowance/Additional Allowance or any other payment including that of Cost of Living Allowance that may by introduced/granted/ awarded whether by Federal/Provincial Government and/or any Competent Authority in future by way of Legislation, Ordinance, Directive or Order etc. or in any other manner whatsoever, the MONETARY BENEFITS ALLOWED UNDER THIS SETTLEMENT SHALL BE SET-OFF.
b) Any raise/increment allowed by the management in the past due to any consideration or any settlement including the present increase being allowed under settlement shall not be quoted as practice or precedence in future.
c) Financial benefits/increase given Terms 1 & 2 above under this settlement will be applicable/calculated for the purpose of salary/wages, overtime payment, gratuity bonus and leaves only.
d) That the existing facilities which are enjoyed by the workmen before this settlement will continue to be enjoyed unless altered, modified by this settlement.
10. MAINTAINING OF DISCIPLINE AND PRODUCTIVITY OF THE FACTORY
a. It has been agreed that the C.B.A Union shall exercise its influence upon workers in extending full co-operation to the company for maintaining discipline in the Factory.
b. C.B.A Union will also exercise its influence upon workers in curtailment of late coming, absenteeism and loss of time by the workers on false and frivolous pretext and shall co-operate to increase the productivity and efficiency amongst the workers.
c. The C.B.A Union has further agreed to maintain industrial peace and harmony in the factory and shall not give any cause of complaint to the management for loss of time and they shall maintain discipline amongst the workers.
d. The C.B.A Union further undertakes not to resort to Go-slow, illegal strike or damage to any machinery or property of the factory and to assist the management in controlling theft and further assure to support the management and curtailment of production due to any cause whatsoever.
e. The C.B.A Union shall not interfere in the act of Administration vis-à-vis transfer of workers etc. on any manner whatsoever and they should maintain discipline and avoid creating any unrest amongst the workers on any pretext.
f. The C.B.A Union will also exercise its influence in curtailment of short leaves and the short leave should be restricted to only unavoidable circumstances.
11. SETTLEMENT CONCLUSIVE
a. It has been agreed that this settlement is full & final in respect of all demands raised by the said C.B.A Union as well as by the management vide their Charter of Demand dated 1st January, 2012 & 2nd January, 2012 respectively, which followed with Notice of Strike/ and Notice of Lock-out dated 16.01.2012 and nothing remains to be settled between the parties in any manner whatsoever.
b. Any move in respect of the said demands raised by the Union or which could have been raised and such of the demands that are not raised are covered by the said settlement and shall be deemed to have been given up by the C.B.A Union and shall not raise any demand financial or otherwise during the currency period of this settlement and they shall abide by the terms of the present settlement in letter and spirit.
12. TENURE OF AGREEMENT
That aforesaid Settlement shall come to operation w.e.f. 1st January, 2012 and shall be binding on both the parties, their heirs, successors or assigns and or any other Union herein after so determined as C.B.A for a period of at least 2 years i.e. up to 31st December, 2013 and shall continue to be binding for a period even thereafter unless terminated by any of the party bound by the terms of the said Settlement. It has been further decided that the next demand will be effective from 1st January, 2014.
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