Panaji, 2nd March, 2017 (Phalguna 11, 1938)
SERIES II No. 48
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: [email protected]
1067
RNI No. GOAENG/2002/6410
Reg. No. G-2/RNP/GOA/32/2015-2017
GOVERNMENT OF GOA
Department of Agriculture
Directorate of Agriculture
__
Order
No. 2/12/98-AGR/Part II/317
Ex-post facto approval of the Government is
conveyed with regard to acceptance of the
resignation of Shri Kiran M. Kandolkar, Chairman of
Goa State Horticultural Corporation Ltd., and
relieve him w.e.f. 09-01-2017 as per his request.
By order and in the name of the Governor
of Goa.
U. B. Pai Kakode, Director & ex officio Joint
Secretary (Agriculture).
Tonca-Caranzalem, 27th February, 2017.
——————
Department of Labour
__
Notification
No. 28/1/2016-LAB/92
The following award passed by the Industrial
Tribunal and Labour Court at Panaji-Goa on
28-11-2016 in reference No. C-IT/37/10 is hereby
published as required by Section 17 of the
Industrial Disputes Act, 1947 (Central Act 14 of
1947).
By order and in the name of the Governor
of Goa.
Georgina Saldanha, Under Secretary (Labour).
Porvorim, 22nd February, 2017.
______
IN THE INDUSTRIAL TRIBUNAL AND
LABOUR COURT
GOVERNMENT OF GOA
AT PANAJI
(Before Mr. Vincent D’Silva, Hon’ble Presiding
Officer)
Case No. C-IT/37/10
Mr. Sagar Naik,
Rep. by the General Secretary,
Gomantak Mazdoor Sangh,
Ponda-Goa.
…
Complainant
V/s
M/s. Narcinva Damodar Naik,
Fatorda, Margao, Goa
…
Respondent
Complainant represented by Shri P. Gaonkar.
Respondent represented by Ld. Adv. Shri M. S.
Bandodkar.
AWARD
(Delivered on this the 28th day of the month
of November of the year 2016)
This is a complaint filed under Section 33-A of
the Industrial Disputes Act, 1947.
2. In short, the case of the Complainant is that
he was transferred from Margao to Mapusa
workshop with effect from 16-03-2009 with malafide
intention in order to harass him as he along with
others joined Gomantak Mazdoor Sangh to which
he protested vide his representation. The
Complainant raised a dispute before Assistant
Labour Commissioner, Margao asking her
intervention in the matter. The Complainant on
19-11-2010 reported for work, however he was not
Note:-
There are two Extraordinary issues to the
Official Gazette, Series II No. 47 dated 23-02-2017
as follows:—
(1) Extraordinary dated 26-02-2017 from pages
1063 to 1064 regarding Notification from Goa
Legislature Secretariat.
(2) Extraordinary (No. 2) dated 01-03-2017 from
pages 1065 to 1066 regarding Notification from
Goa Legislature Secretariat.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1068
allowed to resume his duties. The action of
Respondent in refusing him to join duties amounts
to violation of Section 33 of the Industrial Disputes
Act, hence the complaint.
3. In the written statement at Exhibit 4, the
Respondent has stated that the allegations made
by the Complainant are totally false. The transfer
of the Complainant was done due to business
exigencies and as per Certified Standing Orders.
The Respondent has not violated any provisions of
law and therefore the complaint be dismissed.
4. The Party I filed a rejoinder at Exhibit 5
denying the case put forth by Party II in the written
statement.
5. Issues came to be framed at Exhibit 8.
6. In the course of further proceedings, the
parties filed an application wherein they have
agreed that in view of the settlement in reference
IT/2/13 & IT/5/11, the Complainant, Shri Sagar Naik
withdraws the complaint against the Respondent
and that the Respondent is not guilty of
contravention of Section 33 of the Industrial
Disputes Act, 1947 as contained in the said
complaint and that the complaint is voluntarily
withdrawn.
7. The above application is signed by Shri
Humberto Cardozo, Shri Manuel Vaz and Shri Hillary
Fernandes for Complainant, so also Shri Puti
Gaonkar, General Secretary, Gomantak Mazdoor
Sangh and Adv. M. S. Bandodkar for Respondent. I
have gone through the said application and the
records of the case and I am convinced that in
view of the settlement in reference No. IT/2/13 &
IT/5/11, the Complainant has voluntarily
withdrawn the complaint against the Respondent.
Hence, I have no difficulty in allowing the said
application.
8. In view of above, I pass the following:
ORDER
1) The application at Exhibit 20 for
withdrawal of the above complaint stands
granted. Consequently, the complaint
stands withdrawn.
2) No order as to costs.
3) Inform the Government accordingly.
Sd/-
(Vincent D’Silva)
Presiding Officer,
Industrial Tribunal and
Labour Court.
Notification
No. 28/1/2016-LAB/93
The following award passed by the Industrial
Tribunal and Labour Court at Panaji-Goa on
28-11-2016 in reference No. IT/37/09 is hereby
published as required by Section 17 of the
Industrial Disputes Act, 1947 (Central Act 14 of
1947).
By order and in the name of the Governor
of Goa.
Georgina Saldanha, Under Secretary (Labour).
Porvorim, 22nd February, 2017.
______
IN THE INDUSTRIAL TRIBUNAL AND
LABOUR COURT
GOVERNMENT OF GOA
AT PANAJI
(Before Mr. Vincent D’Silva, Hon’ble Presiding
Officer)
Ref. No. IT/37/09
Shri Sagun Naik & 11 Ors,
Rep. by the General Secretary,
Gomantak Mazdoor Sangh,
G-5, Macedo Apartment,
Tisk, Ponda-Goa-403 401
… Workmen/Party I
V/s
M/s. Narcinva Damodar Naik,
V. V. Naik Road, Fatorda,
Margao, Goa-403 602
… Employer/Party II
Workmen/Party I represented by Shri P. Gaonkar.
Employer/Party II represented by Ld. Adv. Shri M.
S. Bandodkar.
AWARD
(Delivered on this the 28th day of the month
of November of the year 2016)
By Order dated 25-11-2009, bearing No. 28/29/
/2009-LAB/ 1191, the Government of Goa in exercise
of powers conferred by Section 10 (1)(d) of the
Industrial Disputes Act, 1947 (for short The Act)
has referred the following dispute to this Tribunal
for adjudication.
“(1) Whether the action of the management of
M/s. Narcinva Damodar Naik, Fatorda,
Margao, Goa in refusing employment to the
12 workmen (mentioned below) and
represented by the Gomantak Mazdoor
Sangh, with effect from 01-09-2008 is legal
and justified?
1. Mr. Sagun Naik
5. Mr. Olvish Cruz
2. Mr. Pankaj Naik
6. Mr. Gloria Paugo
3. Mr. Rohidas Talekar
7. Mr. Jayesh Naik
4. Mr. David Paugo
8. Mr. Rajan Achari
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1069
9. Mr. Santosh Betkikar 11. Mr. Ankush Gaonkar
10. Mr. Sanjay Parab
12. Mr. Suresh Mhalsekar
(2) If not, what relief the workmen are entitled
to?”
2. Upon receipt of the reference, it was registered
as IT/37/09 and registered A/D notices were issued
to both the parties. Pursuant to service of notices,
Party I filed a claim statement at Exhibit 4 and
Party II filed a written statement at Exhibit 5.
3. In short, the case of the Party I is that
Party I workmen were working with Party II since
last several years in their main workshop at Fatorda
continuously till their refusal of employment/date
of termination. The Party II has not revised their
wages and allowances and their services were not
confirmed and accordingly in June, 2008 they
joined the union viz. Gomantak Mazdoor Sangh
and thereafter submitted a charter of demands
dated 28-6-2008, however Party II refused to
negotiate with the union and on contrary, started
harassing and threatening the workers. The
workers were not allowed to resume their duties
w.e.f. 1-9-2008 as they joined the union. The Party II
has not conducted any enquiry and were not paid
or offered retrenchment compensation, notice pay
and other dues and therefore their refusal of
employment is illegal.
4. In the written statement, the Party II has stated
that there was no employer-employee relationship
between them. The entire reference is not
maintainable and bad-in-law as the management
has not terminated the services of workmen
concerned in the reference. The workmen were
never employed in the firm but were employed by
the service provider, P. B. Human Resources.
5. The Party I filed a rejoinder at Exhibit 6
denying the case put forth by Party II in the written
statement.
6. Issues came to be framed at Exhibit 7.
7. In the course of further proceedings, the
parties arrived at an amicable settlement and filed
consent terms along with Annexure-A at Exhibit
30 colly.
8. The consent terms read as follows:
(1) It is agreed between the parties that
following workmen concerned in the
reference namely Mr. David Paugo at
serial No. 4, Mr. Olivish Cruz at serial
No. 5, Mr. Gloria Paugo at serial
No. 6, Mr. Santosh Betkikar at serial
No. 9, Mr. Suresh Mhalsekar at serial
No. 12 are workmen employed by P. B.
Human Resources and not employed by
Party No. II and have settled all their dues
with P. B. Human Resources and that there
exists no employee-employer relationship
between the Party No. II and above
workmen.
(2) The union does not press their demands as
they have already settled their entire
dispute in connection with employment
and non-employment and condition of
labour with the said employer.
(3) It is further agreed between the parties
that the workmen whose names are
mentioned in Annexure-A shall have no
claim of whatsoever nature against the
Party No. II including any claim of benefit
which can be computed in terms of money
and/or claim of re-instatement or
re-employment against the Party No. II.
(4) In so far as the workmen concerned in
above reference namely Mr. Sagun Naik
at serial No. 1, Mr. Pankaj Naik at serial
No. 2, Mr. Rohidas Talekar at serial No. 3,
Mr. Jayesh Naik at serial No. 7, Mr. Rajan
Achari at serial No. 8, Mr. Sanjay Parab at
serial No. 10, Mr. Ankush Gaonkar at serial
No. 11 who are concerned in the reference
and whose names are mentioned in
Annexure-A of the settlement shall be paid
money mentioned against their names in
full and final settlement of all their claims
arising out of their employment with Party
No. II and they further confirm that their
entire claim arising out of their reference
including any claim/benefit which can be
computed in terms of money has been fully
and satisfactorily settled in terms of
settlement and they shall not claim any
re-instatement or re-employment.
9. The above consent terms are signed by
Shri Humberto Cardozo, Shri Manuel Vaz and Shri
Hillary Fernandes for Workmen/Party I, so also Shri
Puti Gaonkar, General Secretary, Gomantak
Mazdoor Sangh and Adv. M. S. Bandodkar for
Employer/Party II. I have gone through the records
of the case and the above consent terms and I am
convinced that the consent terms filed by the
parties are just and fair and are in the interest of
the Workmen/Party I and Employer/Party II and
therefore, the same are accepted.
10. In view of above, I pass the following:
ORDER
1) The reference stands disposed of in view
of the consent terms filed by the parties,
at Exhibit 30 colly.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1070
2) No order as to costs.
3) Inform the Government accordingly.
Sd/-
(Vincent D’Silva)
Presiding Officer,
Industrial Tribunal and
Labour Court.
________
Notification
No. 28/1/2016-LAB/94
The following award passed by the Industrial
Tribunal and Labour Court at Panaji-Goa on
28-11-2016 in reference No. IT/05/11 is hereby
published as required by Section 17 of the
Industrial Disputes Act, 1947 (Central Act 14 of
1947).
By order and in the name of the Governor
of Goa.
Georgina Saldanha, Under Secretary (Labour).
Porvorim, 22nd February, 2017.
______
IN THE INDUSTRIAL TRIBUNAL AND
LABOUR COURT
GOVERNMENT OF GOA
AT PANAJI
(Before Mr. Vincent D’Silva, Hon’ble Presiding
Officer)
Ref. No. IT/05/11
Shri Loyal Fernandes & 4 Ors,
Rep. by the General Secretary,
Gomantak Mazdoor Sangh,
G-5, Macedo Apartment,
Tisk, Ponda-Goa-403 401
… Workmen/Party I
V/s
M/s. Narcinva Damodar Naik,
V. V. Naik Road, Fatorda,
Margao, Goa-403 602
… Employer/Party II
Workmen/Party I represented by Shri P. Gaonkar.
Employer/Party II represented by Ld. Adv. Shri M.
S. Bandodkar.
AWARD
(Delivered on this the 28th day of the month
of November of the year 2016)
By order dated 22-3-2011, bearing No. 28/3/2011-
-LAB/104, the Government of Goa in exercise of
powers conferred by Section 10 (1)(d) of the
Industrial Disputes Act, 1947 (for short The Act),
has referred the following dispute to this Tribunal
for adjudication.
“(1) Whether the action of the management of
M/s. Narcinva Damodar Naik, Fatorda, Goa,
in transferring Shri Loyal Fernandes,
Shri Narendra Naik, Shri Abhay Jambaulikar,
Shri Sagar Naik and Shri Abhit Naik vide
order dated 03-03-2009 is legal and justified?
(2) If not, what relief the workmen are entitled
to?”
2. Upon receipt of the reference, it was registered
as IT/05/11 and registered A/D notices were issued
to both the parties. Pursuant to service of notices,
Party I filed the claim statement at Exhibit 4 and
Party II filed the written statement at Exhibit 5.
3. In short, the case of the Party I is that Party I
workmen were working with Party II continuously
since last several years and that on 03-03-2009 all
the workmen concerned were issued transfer order
transferring them to the Party II’s Mapusa workshop
w.e.f. 16-3-2009 as majority of the workmen had
joined the union viz. Gomantak Mazdoor Sangh
who had submitted a charter of demands as there
was no proper wage structure or consistent wage
revision. The said transfers were illegal and
malafide and done only to victimize them. The
workers made letters to withdraw the transfer
letters as workshop at Mapusa is of different nature
than the workshop at Margao. The transfer of the
workmen is highly improper, illegal and amounted
to victimization for trade union activities.
4. In the written statement, the Party II has stated
that the entire reference is bad-in-law and not
maintainable. The workmen were issued individual
transfer orders without changing the service
conditions including remuneration package. The
transfer of workmen concerned in the reference is
legal and justified having regards to transfer clause
mentioned in appointment letter issued to
workmen concerned and that the workmen were
transferred to Mapusa due to exigency of work
w.e.f. 16-3-2009. No case has been made out for
granting any relief claimed by Party I.
5. The Party I filed a rejoinder at Exhibit 6
denying the case put forth by Party II in the written
statement.
6. Issues came to be framed at Exhibit 9.
7. In the course of further proceedings, the
parties arrived at an amicable settlement and filed
consent terms along with Annexure at Exhibit 23
colly.
8. The consent terms read as follows:
(1) It is agreed between the parties that
Mr.
Loyal
Fernandes,
Mr.
Abhay
Zambaulikar, Mr. Sagar Naik and Mr. Abhit
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1071
Naik shall be paid each Rs. 10,000/- in full
and final settlement of their all claim
arising out of reference and they shall not
have any claim of whatsoever nature
including any claim which can be
computed in terms of money.
(2) It is agreed between the parties that since
Mr. Narendra Naik workmen concerned in
reference has resigned from services of
company and by accepting his dues in full
and final settlement arising out of his
employment that nothing is due and
payable to him arising out of reference in
terms of money or otherwise.
9. The above consent terms are signed by
Shri Humberto Cardozo, Shri Manuel Vaz and Shri
Hillary Fernandes for Workmen/Party I, so also Shri
Puti Gaonkar, General Secretary, Gomantak
Mazdoor Sangh and Adv. M. S. Bandodkar for
Employer/Party II. I have gone through the records
of the case and the above consent terms and I am
convinced that the consent terms filed by the
parties are just and fair and are in the interest of
the Workmen/Party I and Employer/Party II and
therefore, the same are accepted.
10. In view of above, I pass the following:
ORDER
1) The reference stands disposed of in view
of the consent terms filed by the parties,
at Exhibit 23 colly.
2) No order as to costs.
3) Inform the Government accordingly.
Sd/-
(Vincent D’Silva)
Presiding Officer,
Industrial Tribunal and
Labour Court.
________
Notification
No. 28/1/2016-LAB/95
The following award passed by the Industrial
Tribunal and Labour Court at Panaji-Goa on
28-11-2016 in reference No. IT/30/09 is hereby
published as required by Section 17 of the
Industrial Disputes Act, 1947 (Central Act 14 of
1947).
By order and in the name of the Governor
of Goa.
Georgina Saldanha, Under Secretary (Labour).
Porvorim, 22nd February, 2017.
IN THE INDUSTRIAL TRIBUNAL AND
LABOUR COURT
GOVERNMENT OF GOA
AT PANAJI
(Before Mr. Vincent D’Silva, Hon’ble Presiding
Officer)
Ref. No. IT/30/09
Shri Chidanand Volvoikar & 5 Ors,
Rep. by the General Secretary,
Gomantak Mazdoor Sangh,
G-5, Macedo Apartment,
Tisk, Ponda-Goa 403 401
… Workmen/Party I
V/s
M/s. Narcinva Damodar Naik,
Fatorda,
Margao, Goa 403 602
… Employer/Party II
Workmen/Party I represented by Shri P. Gaonkar.
Employer/Party II represented by Ld. Adv. Shri M.
S. Bandodkar.
AWARD
(Delivered on this the 28th day of the month
of November of the year 2016)
By Order dated 7-9-2009, bearing No. 28/7/2009-
-LAB/909, the Government of Goa in exercise of
powers conferred by Section 10 (1)(d) of the
Industrial Disputes Act, 1947 (for short The Act),
has referred the following dispute to this Tribunal
for adjudication.
“(1) Whether the action of the management of
M/s. Narcinva Damodar Naik of refusing
employment to Shri Chidanand Volvoikar,
Shri Vinod A. Chari, Shri Aditya C. Naik and
Shri Ziy-aul S. Shaikh with effect from
01-08-2008 and to Shri Krishnanand Gajinkar
and Shri Prashant Bandekar with effect from
04-08-2008 is legal and justified?
(2) If not, what relief the workmen are entitled
to?”
2. Upon receipt of the reference, it was registered
as IT/30/09 and registered A/D notices were issued
to both the parties. Pursuant to service of notices,
Party I filed the claim statement at Exhibit 4 and
Party II filed the written statement at Exhibit 5.
3. In short, the case of the Party I is that Party I
workmen were working with Party II since last
several years in their sales and service workshop
and to carryout maintenance and repairs of the
vehicles, they were employed at their main
workshop at Fatorda continuously till their refusal
of employment/date of termination. The Party II
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1072
has not revised their wages and allowances and
their services were not confirmed and accordingly
in June, 2008 they joined the union viz. Gomantak
Mazdoor Sangh and thereafter submitted Charter
of Demands dated 28-6-2008, however Party II
refused to negotiate with the union and on
contrary, started harassing and threatening the
workers. The workers were not allowed to resume
their duties as they joined the union. The Party II
has not conducted any enquiry and were not paid
or offered retrenchment compensation, notice pay
and other dues and therefore their refusal of
employment is illegal.
4. In the written statement the Party II stated
that since Party II is dealing with vehicles of ‘Tata
Motors Ltd.’, it was engaging various contractors
to provide expert services including P. B. Human
Resource and Services, who was deploying
manpower as and when required. The workman
Shri Chidanand Volvoikar accepted all his dues
and severed his relationship with Party II. The other
workmen viz. Shri Vinod A. Chari, Shri Aditya C.
Naik & Shri Ziy-aul S. Shaikh are not the employees
of Party II as they are the workers of P. B. Human
Resources and Services. The workshop has been
permanently closed and the workers have been
paid all the legal dues.
5. The Party I filed a rejoinder at Exhibit 6
denying the case put forth by Party II in the written
statement.
6. Issues came to be framed at Exhibit 7.
7. In the course of further proceedings, the
parties arrived at an amicable settlement and filed
consent terms at Exhibit 27 colly along with
Annexure.
8. The consent terms read as follows:
(1) It is agreed between the parties that
Shri Chidanand Volvoikar having resigned
from the services of the Party No.II is not
entitled to any relief of whatsoever nature,
arising out of reference as he had already
accepted all dues arising out of his
employment and nothing is due and
payable to him by the Party No. II. The
union does not press their demands of Shri
Chidanand Volvoikar.
(2) It is further agreed between the parties
that Shri Vinod A. Chari, Shri Aditya C.
Naik, Shri Ziy-aul S. Shaikh the workmen
concerned in the reference being employee
of P. B. Resources, another employer and
not being workmen of the Party No. II, the
Gomantak Mazdoor Sangh, the union do
not desire to press their claim as all of
them already settled their all claims with
P. B. Resources and therefore they do not
have any claims against the Party No. II as
there is no employee-employer relationship
between them.
(3) In so far as Shri Krishnanand Gajinkar and
Shri Prashant Bandekar is concerned, it is
agreed between the parties that these
workmen shall be paid a sum of Rs. 50,000/-
each as full and final settlement of all their
claims arising out of their employment of
the Party No. II which includes Notice Pay,
Retrenchment Compensation, Gratuity, Ex-
Gratia etc. and nothing further due and
payable to them arising out of employment
and/or reference.
(4) It is further agreed between the parties
that 2 workmen mentioned above as well
as other workmen who are concerned in
the reference shall have no claim of
whatsoever nature which can be computed
in terms of money and this settlement is
full and final settlement of all their claims
arising out of reference including claim of
re-instatement or re-employment.
9. The above consent terms are signed by Shri
Humberto Cardozo, Shri Manuel Vaz and Shri Hillary
Fernandes for Workmen/Party I, so also Shri Puti
Gaonkar, General Secretary, Gomantak Mazdoor
Sangh and Adv. M. S. Bandodkar for Employer/Party II.
I have gone through the records of the case and
the above consent terms and I am convinced that
the consent terms filed by the parties are just and
fair and are in the interest of the Workmen/Party I
and Employer/Party II and therefore, the same are
accepted.
10. In view of above, I pass the following:
ORDER
1) The reference stands disposed of in view
of the consent terms filed by the parties,
at Exhibit 27 colly.
2) No order as to costs.
3) Inform the Government accordingly.
Sd/-
(Vincent D’Silva)
Presiding Officer,
Industrial Tribunal and
Labour Court.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1073
Notification
No. 28/1/2016-LAB/96
The following award passed by the Industrial
Tribunal and Labour Court at Panaji-Goa on
28-11-2016 in reference No. IT/2/13 is hereby
published as required by Section 17 of the
Industrial Disputes Act, 1947 (Central Act 14 of
1947).
By order and in the name of the Governor
of Goa.
Georgina Saldanha, Under Secretary (Labour).
Porvorim, 22nd February, 2017.
______
IN THE INDUSTRIAL TRIBUNAL AND
LABOUR COURT
GOVERNMENT OF GOA
AT PANAJI
(Before Mr. Vincent D’Silva, Hon’ble Presiding
Officer)
Ref. No. IT/2/13
Workmen,
Rep. by the General Secretary,
Gomantak Mazdoor Sangh,
G-5, Macedo Apartment,
Tisk, Ponda-Goa 403 401
… Workmen/Party I
V/s
M/s. Narcinva Damodar Naik,
V. V. Naik Road,
Fatorda, Goa – 403 602
… Employer/Party II
Workmen/Party I represented by Shri P. Gaonkar.
Employer/Party II represented by Ld. Adv. Shri M. S.
Bandodkar.
AWARD
(Delivered on this the 28th day of the month
of November of the year 2016)
By Order dated 25-02-2013, bearing No. 28/3/
/2013-Lab/90, the Government of Goa in exercise
of powers conferred by Section 10 (1)(d) of the
Industrial Disputes Act, 1947 (for short The Act),
has referred the following dispute to this Tribunal
for adjudication.
“(1) Whether the action of the management of
M/s. Narcinva Damodar Naik, Fatorda, Goa,
in terminating the services of the below
mentioned workmen, with effect from
01-08-2012 is legal and justified?
(1) Shri Humberto Cardoso, Mechanic.
(2) Shri Manuel Vaz, Lathe Room (IN).
(3) Shri Gokuldas Naik, Mechanic.
(4) Shri Agnelo Rodrigues, Tool Room In-charge.
(5) Shri Shivaji Tanavji, Mechanic.
(6) Shri Mahadev Naik, Mechanic.
(7) Shri Hillary Fernandes, Mechanic.
(8) Shri Freddy Fernandes, Tool Room In-charge.
(9) Shri Sandesh Kawlekar, Mechanic.
(10) Shri Uttam Chodankar, Tin Smith.
(11) Shri Narayan Naik, Tin Smith.
(12) Shri Milagres Pachaco, Mechanic.
(13) Shri Abhay Zambaulikar, Mechanic.
(14) Shri Loyal Fernandes, Mechanic.
(15) Shri Abit Naik, Mechanic Helper.
(16) Shri Sagar Naik, Mechanic Helper.
(2) If not, what relief the workmen are entitled
to?”
2. Upon receipt of the reference, it was registered
as IT/02/13 and registered A/D notices were issued
to both the parties. Pursuant to service of notices,
Party I filed the claim statement at Exhibit 4 and
Party II filed the written statement at Exhibit 6.
3. In short, the case of the Party I is that Party I
workmen were working with Party II since last
several years in their sales and service workshop
and to carry out maintenance and repairs of the
vehicles, they were employed at their main
workshop at Fatorda. The Party II has not revised
their wages and allowances and their services were
not confirmed and accordingly in June, 2008 they
joined the union viz. Gomantak Mazdoor Sangh
and thereafter submitted a Charter of Demands
dated 28-6-2008, however Party II refused to
negotiate with the union and on contrary, started
harassing the workers and has illegal terminated
their services. The action of management in
terminating the services and engaging new workers
is an unfair labour practice. The Party II has not
conducted any enquiry and were not paid or offered
retrenchment compensation, notice pay and other
dues and therefore their termination of employment
is illegal.
4. In the written statement the Party II stated
that the termination of services of workmen is
arising out of permanent closure of establishment
under Section 25 FFF of the Industrial Disputes
Act and therefore the said termination cannot be
considered as retrenchment as contemplated under
Industrial Disputes Act. The entire closure is fully
legal and justified. The Party I had not made out
any case and therefore the reference be dismissed.
5. The Party I filed a rejoinder at Exhibit 7
denying the case put forth by Party II in the written
statement.
OFFICIAL GAZETTE — GOVT. OF GOA
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2ND MARCH, 2017
1074
6. Issues came to be framed at Exhibit 10.
7. In the course of further proceedings, the parties
arrived at an amicable settlement and filed consent
terms along with Annexure-A at Exhibit 11 colly.
8. The Consent terms read as follows:
(1) It is agreed between the parties that the
workmen concerned in the reference shall
be paid money as per Annexure-A in full
and final settlement arising out of
employment and reference and the amount
mentioned in Annexure-A shall include
Notice Pay, Retrenchment Compensation,
Gratuity, Ex-Gratia, etc. and these workmen
shall not have any further claim against
the Party No. II other than what is
mentioned in Annexure-A or as also any
benefit which can be computed in terms of
money, including re-instatement and re-
employment.
(2) It is further agreed between the parties
that the workmen concerned in the above
reference shall have no other claim other
than amount mentioned against in
Annexure-A of the settlement and their
entire matter in connection with the
employment, non employment and
condition of labour is full and final
settlement arising out of the reference and
nothing is due and payable to them and
that they are not entitled to claim any re-
instatement or re-employment to the Party
No. II.
(3) It is agreed between the parties that since
the workman concerned in the reference
at serial No. 5 Shri Shivaji Tanavji has
already settled with the Party No. II by
taking his dues by full and final settlement,
the union does not press his demand as
contained in the order of reference and he
would not get his claim for any money
which can be computed in terms of
money is fully and finally settled and he
gave up his claim for re-instatement/
/re-employment.
9. The above Consent terms are signed by Shri
Humberto Cardozo, Shri Manuel Vaz and Shri Hillary
Fernandes for Workmen/Party I, so also Shri Puti
Gaonkar, General Secretary, Gomantak Mazdoor
Sangh and Adv. M. S. Bandodkar for Employer/Party II.
I have gone through the records of the case and
the above consent terms and I am convinced that
the consent terms filed by the parties are just and
fair and are in the interest of the Workmen/Party I
and Employer/Party II and therefore, the same are
accepted.
10. In view of above, I pass the following:
ORDER
1) The reference stands disposed of in view
of the consent terms filed by the parties,
at Exhibit 11 colly.
2) No order as to costs.
3) Inform the Government accordingly.
Sd/-
(Vincent D’Silva)
Presiding Officer,
Industrial Tribunal and
Labour Court.
________
Notification
No. 28/1/2016-LAB/97
The following award passed by the Industrial
Tribunal and Labour Court at Panaji-Goa on
28-11-2016 in reference No. IT/31/09 is hereby
published as required by Section 17 of the
Industrial Disputes Act, 1947 (Central Act 14 of
1947).
By order and in the name of the Governor
of Goa.
Georgina Saldanha, Under Secretary (Labour).
Porvorim, 22nd February, 2017.
______
IN THE INDUSTRIAL TRIBUNAL AND
LABOUR COURT
GOVERNMENT OF GOA
AT PANAJI
(Before Mr. Vincent D’Silva, Hon’ble Presiding
Officer)
Ref. No. IT/31/09
Workmen,
Rep. by the General Secretary,
Gomantak Mazdoor Sangh,
G-5, Macedo Apartment,
Tisk, Ponda-Goa 403 401
… Workmen/Party I
V/s
The Managing Director,
M/s. Narcinva Damodar Naik,
Fatorda,
Margao, Goa 403 602
… Employer/Party II
Workmen/Party I represented by Shri P. Gaonkar.
Employer/Party II represented by Ld. Adv. Shri M.
S. Bandodkar.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1075
AWARD
(Delivered on this the 28th day of the month
of November of the year 2016)
By Order dated 7-9-2009, bearing No. 28/7/2009-
-LAB/910, the Government of Goa in exercise of
powers conferred by Section 10 (1)(d) of the
Industrial Disputes Act, 1947 (for short The Act),
has referred the following dispute to this Tribunal
for adjudication.
“(1) Whether the following demands raised by
the Gomantak Mazdoor Sangh vide letter
dated 28-06-2008 before the management of
M/s. Narcinva Damodar Naik, Fatorda,
Margao, Goa are legal and justified?
Demand No. 1: Pay Scales
Grade
Pay Scales
I
1750-60-2050-70-2400-80-2800-90-3250-
-100-3750-110-4300-120-4900
II
1850-65-2175-75-2550-85-2975-95-3450-
-105-3975-115-4550-125-5175
III
1950-70-2300-80-2700-90-3150-100-3650-
-110-4200-120-4800-130-5450
IV
2050-75-2425-85-2850-95-3325-105-3850-
-115-4425-125-5050-135-5725
V
2150-80-2550-90-3000-100-3500-110-4050-
-120-4650-130-5300-140-6000
Demand No. 2: Flat Rise
It is demanded that all the workmen should be
given a flat rise of Rs. 1000/- and the same shall be
added to the existing basic and thereafter fitted in
the revised pay scale in the higher stage.
Demand No. 3: Seniority Increments
It is demanded that the workmen shall be given
seniority increments as mentioned below:
Service up to 4 years
Two increments
Service above 4 years and
Three increments
upto 8 years
Service above 8 years and
Four increments
upto 13 years
Service above 13 years
Five increments
Demand No. 4: Variable Dearness Allowances
It is demanded that the Variable Dearness
Allowance shall be paid at the revised rate of Rs.
3/- per point rise above 2000 points (1960=100).
The computation of Variable Dearness Allowance
shall be made quarterly based as per existing
system.
Demand No. 5: House Rent Allowances
It is demanded that the House Rent Allowance
shall be paid at the revised rate of Rs. 30% of basic
and Dearness Allowance, as the cost of
accommodation is very high in Goa on account of
it being a Tourist State.
Demand No. 6: Children Education Allowance
It is demanded that the Children Education
Allowance shall be paid by adding an amount of
Rs. 500/- to existing allowance per month.
Demand No. 7: Conveyance Allowance
It is demanded that all workmen shall be paid
Conveyance Allowance at the rate of Rs. 750/- per
month.
Demand No. 8: Paid Holidays
It is demanded that all the workmen shall be
granted paid holidays at the rate of 16 days per
year. It is further demanded that the festival
holidays that fall on weekly off day shall be
changed to next day or one day earlier, which shall
be finalized in consultation with the union.
Demand No. 9: Leave
It is demanded that all the workers shall be
given leave on following basis:
(A) Earned Leave:- It is demanded that all the
workmen shall be given earned leave at the
rate of 30 days Earned leave per year with
accumulation up to 120 days and leave shall
be allowed to be taken 10 times in a year.
(B) Casual Leave:- It is demanded that all the
workmen shall be given casual leave at the
rate of 15 days per year with encashment
facility.
(C) Sick Leave:- It is demanded that all the
workmen shall be given sick leave at the
rate of 15 days per year with accumulation
of 60 days.
Demand No. 10: Leave Travel Assistance
It is demanded that Leave Travel Assistance
shall be paid at the revised rate of Rs. 5000/- per
annum, with minimum of four days earned leave.
The amount shall be paid one week before the
commencement of leave.
Demand No.11: Medical Reimbursement/Medical
Allowance
Workmen are working in the dusty place, which
causes major hazards to the health of the workers,
and as such the cost of medicine is very high which
cannot be met with the wages paid to the
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1076
www.goaprintingpress.gov.in
workmen. It is, therefore demanded that the cost of
all medical expenses of the workmen and their
family shall be reimbursed and an amount of
Rs. 4500/- should be paid as medical allowance to
meet the day to day needs of the family members
of the workmen.
Demand No. 12: Festival Allowance
It is demanded that all the workmen shall be
granted festival allowance of Rs. 3500/- once in a
year at the time of festival to meet the additional
expenses incurred by him for such festival.
Demand No. 13: Bonus/Ex-Gratia
It is demanded that all the workers shall be paid
Bonus/Ex-gratia at the rate of 20% of gross wages
every year, before Diwali.
Demand No. 14: Canteen Subsidy
It is demanded that all the workmen shall be
paid canteen subsidy @Rs.500/- per month.
Demand No. 15: Washing Allowance
It is demanded that the existing washing
allowance shall be revised to Rs. 350/- per month.
Demand No. 16: Daily Bhatta/Outdoor Allowance
It is demanded that those workmen who are
required to work on outstation duties, they shall
be paid actual travelling and accommodation and
the daily bhatta at the rate of Rs. 350/- per day.
Demand No. 17: Special Sick Leave
It is demanded that those workmen who meet
with accident while on duty shall be granted
special sick leave for the period they are under
medical treatment.
(2) If not, what relief the workmen are entitled
to?”
2. Upon receipt of the reference, it was registered
as IT/31/09 and registered A/D notices were issued
to both the parties. Pursuant to service of notices,
Party I filed the claim statement at Exhibit 5 and
Party II filed the written statement at Exhibit 8.
3. In short, the case of the Party I is that the
Party II was engaged in sales and service of vehicles
of Tata Motors in Goa. The Party I submitted a
Charter of Demands as the wages of workers are
very low and not revised for many years. The
financial position of the company is very sound
and they can bear additional cost of demands made
by the workers. The other comparable
establishments functioning in Goa are paying much
higher wages and allowances to the workmen. The
workers have joined the union and on account of
that the management started implementing various
unfair labour practices. The Party II failed to resolve
the issue of Charter of demands. The dispute raised
before the Dy. Labour Commissioner ended in
failure. Hence, the reference.
4. In the written statement, the Party II has stated
that the entire reference is vague and imaginary.
The Party II has permanently closed its workshops
undertakings at Fatorda and Mapusa. The demands
made by Party I are bad in law, illegal and
unjustified. Party I has not made out any case and
therefore the entire demands and reference be
rejected.
5. The Party I filed a rejoinder at Exhibit 9
denying the case put forth by Party II in the written
statement.
6. Issues came to be framed at Exhibit 25.
7. In the course of further proceedings, the
parties arrived at an amicable settlement and filed
consent terms at Exhibit 28.
8. The Consent terms read as follows:
(1) In view of the settlement in reference
No. IT/30/09, IT/37/09, IT/5/11 and IT/2/13,
Complaint No. C-IT/37/10 and Approval
Applications No. A-IT/42/11 and A-IT/43/
/11, and since all the workmen have given
up their claims for employment, matters in
connection with the employment and non
employment and conditions of labour
having been settled in above matters and
since no more employee- employer
relationship exists between the workmen
concerned in the above reference,
complaint and applications, the union/
/workmen do not press their demands as
contained in the reference.
9. The above Consent terms are signed by Shri
Humberto Cardozo, Shri Manuel Vaz and Shri Hillary
Fernandes for Workmen/Party I, so also Shri Puti
Gaonkar, General Secretary, Gomantak Mazdoor
Sangh and Adv. M. S. Bandodkar for Employer/
/Party II. I have gone through the records of the
case and the above consent terms and I am
convinced that the consent terms filed by the
parties are just and fair and are in the interest of
the Workmen/Party I and Employer/Party II and
therefore, the same are accepted.
OFFICIAL GAZETTE — GOVT. OF GOA
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2ND MARCH, 2017
1077
10. In view of above, I pass the following:
ORDER
1) The reference stands disposed of in view
of the consent terms filed by the parties,
at Exhibit 28.
2) No order as to costs.
3) Inform the Government accordingly.
Sd/-
(Vincent D’Silva)
Presiding Officer,
Industrial Tribunal and
Labour Court.
________
Notification
No. 28/1/2016-LAB/98
The following award passed by the Industrial
Tribunal and Labour Court at Panaji-Goa on
09-12-2016 in reference No. IT/22/03 is hereby
published as required by Section 17 of the
Industrial Disputes Act, 1947 (Central Act 14 of
1947).
By order and in the name of the Governor
of Goa.
Georgina Saldanha, Under Secretary (Labour).
Porvorim, 22nd February, 2017.
______
IN THE INDUSTRIAL TRIBUNAL AND
LABOUR COURT
GOVERNMENT OF GOA
AT PANAJI
(Before Mr. Vincent D’Silva, Hon’ble Presiding
Officer)
Ref. No. IT/22/03
Shri Dinesh V. Velingkar,
Near Primary School,
Mangueshi, Goa.
… Workman/Party I
V/s
M/s. Murudeshwar Ceramics Ltd.,
G-20, Angarki Bldg.,
Ponda-Goa.
… Employer/Party II
Workman/Party I represented by Ld. Adv. Mrs.
Suvarna Naik.
Employer/Party II represented by Ld. Adv. Shri S.
M. Tendulkar
along with Ld. Adv. Shri Sarvesh
Naik.
AWARD
(Delivered on this the 9th day of the month
of December of the year 2016)
By Order dated 04-04-2003, bearing No. 28/11/
/2003-LAB/108, the Government of Goa in exercise
of powers conferred by Section 10 (1)(d) of the
Industrial Disputes Act, 1947 (for short The Act),
has referred the following dispute to this Tribunal
for adjudication.
“(1) Whether the action of the management of
M/s. Murudeshwar Ceramics Ltd., Hubli,
having their branch at Ponda-Goa, in
terminating the services of Shri Dinesh V.
Velingkar (Mktg. Executive), with effect from
22-08-2002, is legal and justified?
(2) If not, what relief the workman is entitled
to?”
2. Upon receipt of the reference, it was registered
as IT/22/03 and registered A/D notices were issued
to both the parties. Pursuant to service of notices,
Party I filed a Claim statement at Exhibit 4 and
Party II filed a Written statement at Exhibit 13.
3. In short, the case of the Party I is that he was
a workman employed with Party II at its unit at
Ponda and was appointed on probation for a period
of six months w.e.f. 8-10-2001 as a Sales Executive
on a fixed salary of Rs. 4000/- per month. The Party I
worked for about 11 months and during the said
period he had not received either a letter of
extension of probation period or confirmation of
services in the organization. The employer had not
conducted appraisal test and had also not made
the performance report during the period of 11
months service in the said organization. The
employer had issued him one warning memo dated
8-6-2002 during the period of 11 months advising
him to improve his performance and that he would
be kept on close observation of his performance
and activities. There was no other memo sent to
him regarding his performance, however on
20-8-2002 without any reason, the management
forced him to resign his services and on the same
date faxed him a termination letter. The workman
had raised a dispute before the Assistant Labour
Commissioner, Ponda on 23-8-2002 for injustice done
on him by the management by illegally terminating
his services.
4. In the written statement at Exhibit 6, the
Party II has stated that the Government of Goa is
not the Appropriate Government to refer any
dispute to the Tribunal. The Party II is a company
duly registered under Companies Act having
registered office at Murudeshwar Bhavan, Gokula
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1078
Road, Hubli and its factory at Krishnapur Village,
Hubli, Karnataka. The Regional and Administrative
office of Party II is also at Hubli. The Party I was
employed at Hubli and was placed under
Dy. General (Marketing) at Hubli and was directed
to report at the office at Hubli. The Party I joined
at Hubli and his salary and other amounts due and
payable under the appointment letter were paid
by the Accounts Department, Hubli. The Party I,
though was initially stationed at Goa, all his
activities were supervised and controlled by Hubli
office of Party II. The termination letter was issued
at Hubli by Dy. General Manager, Hubli and
therefore the Government of Goa has no jurisdiction
to refer the dispute to the Tribunal.
5. The Party I was never a workman as defined
in Industrial Disputes Act, 1947 and is not entitled
for any relief under the Act. The duty and
responsibility while in employment of Party I was
supervisory and promotive in nature and required
initiative to promote sales. The Party I was employed
as Sales Executive which required skilled work
and creative ideas to supervise and control the
business. The Party I vide its application dated
31-8-2001 addressed to Party II at Hubli applied for
the post of Sales Executive and the Party II
appointed him as a Sales Executive upon the terms
and conditions mentioned in the appointment
letter and was directed to report at Hubli. The
Party I during the period of employment was unable
to discharge the duty to the satisfaction of Party II
and was always negligent which prompted
Party II to extend his probation and consequently,
the services of Party I were terminated and
therefore, the claim of Party I be rejected.
6. The Party I filed a rejoinder denying the case
put forth by Party II in the written statement. The
Party I has claimed that his services were in Goa
and was stationed at Goa as Sales Executive. He
also claimed that he is a permanent resident of
Mangueshi, Goa and is entitled to institute a case/
/dispute before the Court/within the jurisdiction
where the workman resides. All the letters were
addressed to him by Party II at his residential
address at Mangueshi, Goa and that he was
working under Area Manager posted at Goa and
was directed to sign attendance register and to
inform day-to-day sales and other activities to Area
Manager, Ponda, Goa. The Party II deliberately and
intentionally avoided to issue a confirmation
letter even after the prescribed work period. The
Dy. General Manager has no power and authority
to terminate the services.
7. Issues framed at Exhibit 16 are as follows:
(1) Whether the Party I proves that he was a
“Workman” within the meaning of Sec. 2(s) of
the I.D. Act, 1947?
(2) Whether the Party I proves that termination
of his services is illegal and unjustified?
(3) Whether the Party I proves that the
appropriate Government was Government of
Karnataka?
(4) Whether the Party II proves that this Tribunal
has no jurisdiction to adjudicate upon the
dispute?
(5) Whether the Party II proves that the services
of the Party I were terminated during
probation
period
for
unsatisfactory
performance?
(6) What relief? What Award?
8. In the course of evidence Party I Shri Dinesh
Velingkar examined himself as witness No. 1 and
produced on record a copy of appointment letter
at Exb. W-1, a copy of letter dated 26-9-2001 at
Exb. W-2, a copy of pay slip at Exb. W-3, a copy of
warning memo at Exb. W-4, a copy of reply to
warning memo at Exb. W-5 and a copy of
termination letter dated 21-08-2001. On the other
hand, the Party II examined Shri Anand Shetty as
their witness and produced on record a copy of
appointment letter dated 8-10-2001 at Exb. 29, copy
of complaints dated 23-8-2002 and dated 4-10-2002
filed before the ALC, Ponda at Exb. 30 & 31
respectively, a copy of notice dated 3-9-2002 issued
by ALC, Ponda at Exb. 32, a copy of reply dated
4-10-2002 to ALC, Ponda at Exb. 33, a copy of
minutes of conciliation proceedings dated
20-12-2002 at Exb. 34 and a copy of extract of
resolution passed by Party II authorizing him to
depose, etc in the matter at Exb. 35.
9. Heard arguments. Notes of written arguments
came to be placed on record by the parties.
10. I have gone through the records of the case
and have duly considered the submissions made
by the learned advocates for Parties. I am
reproducing herewith the issues along with their
findings and reasons thereof.
Sr.
Issues
Findings
No.
1
2
3
1. Whether the Party I proves
In the affirmative
that he was a “Workman”
within the meaning of Sec. 2(s)
of the I. D. Act, 1947?
OFFICIAL GAZETTE — GOVT. OF GOA
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1079
2. Whether the Party I proves
In the negative
that termination of his
services is illegal and
unjustified?
3. Whether the Party II proves In the negative
that the appropriate Govern-
ment was Government
of Karnataka?
4. Whether the Party II proves In the negative
that this Tribunal has no
jurisdiction to adjudicate
upon the dispute?
5. Whether the Party II proves In the affirmative
that the services of the Party I
were terminated during
probation period for unsatisfac-
tory performance?
6. What relief? What Award?
As per order
below.
REASONS
Issue No. 1:
11. Ld. Adv. Mrs. Suvarna Naik for the Party I
has submitted that Party I workman worked on
probation for 11 months without any extension
letter or confirmation letter from the management.
Even though Party II has designated Party I as
Sales Executive but no power and authority was
given to him. The designation without power has
no meaning and therefore he does not fall in the
category of management but in the category
of workman. The Party II deliberately and
intentionally avoided issuing a confirmation letter
even after the prescribed work period. He was
employed as Sales Executive only after considering
his skilled work and creative ideas.
12. Ld. Adv. Shri S. M. Tendulkar for Party II has
submitted that Party I was never a workman as
defined under Industrial Disputes Act, 1947. The
duty and responsibility while in employment with
Party I was supervisory and promotive in nature
and required initiative to promote sales. The Party I
was employed as Sales Executive which required
skilled work and creative ideas to supervise and
control the business. The nature of business of
Party I clearly show that Party I does not fit into
the definition of a “workman” and therefore no
reference could be validly considered.
13. It is well settled that for a person to be a
“workman” under the Act, he must be employed
to do the work of any of the categories mentioned
in Section 2(s) of the Industrial Disputes Act, 1947.
It would therefore be useful to consider the
definition of workmen given in section 2(s) of the
Industrial Disputes Act, 1947. The definition reads
as under:-
Section 2(s). “Workman” means any person
(including an apprentice) employed in any
industry to do any manual, unskilled, skilled,
technical, operational, clerical or supervisory work
for hire or reward, whether the terms of
employment be express or implied, and for the
purposes of any proceeding under this Act in
relation to an industrial dispute, includes any
such person who has been dismissed, discharged
or retrenched in connection with, or as a
consequence of, that dispute, or whose dismissal,
discharge or retrenchment has led to that dispute,
but does not include any such person.
14. In the present case, the workman Shri Dinesh
Velingkar has claimed that he joined his duties
at Hubli on 8-10-2001 pursuant to the letter at
Exb. W-2. He has however not specified the nature
of duties which he was performing in terms of
appointment letter dated 8-10-2001 at Exb. W-1 nor
there is any annexure to appointment letter
specifying the nature of duties which the workman
had to perform. The workman has produced on
record Warning Memo at Exb. W-4 which stipulates
the shortfalls regarding his performance during
8 months of duty with Party I wherein it has been
stated that he had not increased business to the
company and also fared poorly in activities like,
enquiry generation, follow-up, reporting to H.O.
letters and has not improved his performance in
achieving his target nor generated enquiries and
the reports submitted by him are just like activity
chart and not sales report, although he was
informed about how to write sales report giving all
details asked for and other shortfalls.
15. The above Warning memo clearly shows the
nature of duty the Party I/workman had to perform
including achieving the sales target, making
enquiries, furnishing sales report, responding to
I.O.Ms, circulars sent by H.O., following instructions
from H.O., planning for days sales activities, taking
prior appointment, informing the Area Manager,
reporting to the Area Manager about days
happenings, which are indication that the nature
of the duty of the Party I Workman is of clerical
type involving manual, skilled, technical,
operational or supervisory work which the Party I
was doing during his employment with Party II.
Therefore, considering the nature of duty which
was expected from Party I which is reflected in
1
2
3
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1080
Warning memo at Exb. W-4, it is more than clear
that the Party I was performing the duty of clerical
in nature and therefore covered by the definition
of workman given in Section 2(s) of the Industrial
Disputes Act, 1947. The Party I therefore proved
that he was a “workman” within the meaning of
Section 2(s) of Industrial Disputes Act, 1947 and
therefore Issue No. 1 is answered in affirmative.
Issue Nos. 2 & 5:
16. Ld. Adv. Mrs. Suvarna Naik for the Party I
has submitted that the termination of services of
the workman employed by Party II was illegal and
unjustified. The employer did not conduct
appraisal test nor made performance report during
the period of 11 months service in the above named
organization. The employer had issued only one
warning memo dated 8-6-2002 for period of one
month advising him to improve his performance
and that he was kept on close observation of his
performance and activities and that the said period
of one month was completed on 8-7-2002 after
which there was no other memo issued to him
regarding his performance. The employer without
any reason thereafter on 20-8-2002 forced him to
resign his service and on the same day faxed him
the termination letter without giving him
reasonable opportunity to represent his case
thereby denying him natural justice. The workman
was on probation for 11 months without any
extension letter or confirmation letter from the
management and as per law if the workman puts
in attendance of 240 days in one organization
without break in service then the workman
automatically gets confirmed in the organization.
In support of her contention, she relied upon the
case of The State of Punjab vs. Dharam Singh,
1968 3 SCR 1.
17. Per contra, Ld. Adv. S. M. Tendulkar for the
Party II has submitted and righty so that the
Party I was placed under probation for a period of
six months from the date of joining duty and the
said probation period could be extended further
till the Party I was issued a letter in writing
confirming him in service and that during the
probation period the Party II could terminate the
services of Party I without assigning any reason
and/or without notice and/or compensation.
Discernibly, Clause 1 of the appointment letter at
Exb. W-1 dated 8-10-2001 clearly states that Party I
would be on probation for a period of six months
from the date of joining duty and during the
probation the services can be terminated without
assigning any reason and/or without notice and/or
compensation. Importantly, in the said clause it is
stated that the Party I would be confirmed in
services of the company only if he is intimated to
that effect in writing. The Party I in his cross
examination has admitted that as per the
appointment letter dated 8-10-2001 at Exb. W-1, he
was on probation for a period of six months from
the date of joining duty and that he was never
given any letter by Party II stating that he was
confirmed in the services of the company.
18. The Workman/Party 1 also admitted that he
had signed the appointment letter at Exb. W-1 for
having accepted the terms and conditions of the
said appointment letter. The documents and
evidence on record clearly point out that the Party I
was initially appointed for the period of six months
and that his services could be confirmed only if he
was intimated to that effect in writing. Admittedly,
the Party I was never issued any letter in writing
by Party II indicating the confirmation of the
services in the company. The Party I has accepted
the terms and conditions of the appointment letter
which clearly states that his services would be
confirmed only if he is intimated in writing by the
company. There was admittedly no letter of
confirmation issued to Party I by the company. It
therefore cannot be said that the services of Party
I was confirmed as claimed by Party I. It therefore
follows that the Party I was on probation during
his services with Party II.
19. The next question is whether the termination
of Party I is illegal and unjustified and whether the
services were terminated for unsatisfactorily
performance. The Appointment letter at Exb. W-1
clearly indicates that during the period of
probation the services of Party I could be
terminated without assigning any reasons and/or
without notice and/or without compensation. The
Party I was issued a warning memo dated 8-6-2002
which has not been replied to by him. His services
were terminated by Party II from 21-8-2002 and he
admitted that he did not reply to the termination
letter. The termination letter at Exb. W-6 shows
that the management was displeased with his
performance inspite of their warning memo listing
out therein various deficiencies and that they are
therefore constrained to terminate his services w.e.f.
22-8-2002. The termination letter at Exb W-6 cannot
be termed illegal as reasonable opportunity was
given to Party I to improve his performance. He
was issued warning memo as well as inter office
memo at Exb. W-5 dated 18-6-2002 and was kept on
close observance on his performance and activities.
He has not produced on record any evidence
contrary to the memos issued to him to improve his
performance. The workman inspite of opportunity
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1081
and warnings given to him, failed to show any
improvement nor replied to the memo dated
8-6-2002 or termination letter dated 22-8-2002.
Moreover, the Party II as per terms and conditions
of appointment letter dated 8-6-2001 was not
required to give any reason for termination of
service since the Party I was under probation
period.
20. The documents and evidence on record are
indication of the fact that termination of the
services of the Party I Workman was legal and
justified as the termination letter clearly states that
since the management was not satisfied with the
performance of Party I, the services were
terminated and was also offered salary of one month
in lieu of notice period which was paid to him. The
services of Party I were terminated during probation
period for the reasons mentioned in the said
termination letter after following the principles of
natural justice and therefore the submission of
Party I that there were no other memos; no
appraisal tests; no performance reports or that he
was forced by Party II to resign without giving
opportunity to represent himself or there has been
violation of principle of natural justice cannot be
accepted. Moreover, the claim of Party I of
Rs. 50,000/- by way of compensation also cannot
sustain which Party II is not liable to pay. The
services of Party I are lawfully terminated as the
performance of Party I who was under probation
was found unsatisfactory and therefore the claim
of Party I cannot be granted. Hence, the issue
No. 2 is answered in negative and issue No. 5 is
answered in the affirmative.
Issue Nos. 3 & 4:
21. Ld. Adv. S. M. Tendulkar for the Party II has
submitted that the Tribunal has no territorial
jurisdiction to entertain, try and dispose of the
dispute between Party I and Party II as industrial
dispute has arisen outside the jurisdiction of the
Court, more so when the Party II is a company duly
registered under Companies Act and is having
registered office, its factory so also regional and
administrative office at Hubli, Karnataka. The Party I
is employed at Hubli and placed under Dy. General
(Marketing) at Hubli. The Party I had joined at
Hubli as per appointment letter. The salary and
other amounts due and payable under the
appointment letter were paid by the Accounts
Department at Hubli and all his activities were
supervised and controlled by the Hubli office of
Party II. The termination letter by Party II was also
issued at Hubli and therefore the Appropriate
Government under the Industrial Dispute Act
would be Government of Karnataka and not
Government of Goa. In support to his contention,
he relied upon cases of (1) J. & J. Dechane
Distributors vs. State of Kerala and others, 1974
II L.L.J. 9 and (2) Association of Medical
Representatives (M.&V.) vs. Industrial Tribunal,
Madhya Pradesh, Indore and another, 1966 I
L.L.J. 614.
22. Per contra, Ld. Adv. Mrs. Suvarna Naik for
the Party I has submitted that the Party I was a
permanent resident of Mangueshi, Goa and all the
correspondence were addressed to Party I at his
residential address including appointment letter,
warning memo and termination letter. The Party I
was working under Area Manager posted at Goa
and was directed to sign attendance register every
day in the morning and in the evening and to
inform day-to-day sales and activities to Area
Manager at Ponda and was directed to handover
all the records and belongings of the company to
one Mr. Ratan Gajendragad, Area Manager, Goa
and therefore the Appropriate Government is the
Government of Goa and not the Government of
Karnataka. In support of her contention, she relied
upon the cases of (1) Pritam Singh vs. Presiding
Officer, Labour Court, 2004 0 Supreme (P&H) 638
and (2) Lohia Starlinger Limited and Anr. vs.
Govt. of NCT of Delhi and Ors., 2006(3) SCT 214
(Delhi).
23. Needless to mention, the provisions of the
Industrial Dispute Act need to be interpreted
liberally to achieve the legislative intent. The
provisions of the Act are silent with respect to an
occurrence of a cause of action, yet the principles
laid down for determining territorial jurisdiction of
a Civil Court can ordinarily be borrowed and
pressed into service for seeking reference to an
industrial dispute. Even, if part of cause of action
has arisen in the territory of a State, its Government
is competent to refer the dispute and if the facts
culminating into occurrence of “cause of action”
are scattered in the territories of more than one
State, it is open to the aggrieved party to approach
any one of the State Governments for getting the
dispute referred. That being the case even an
industrial dispute and occurrence of an industrial
dispute does not necessarily depend only upon
the situs of the employment where the worker was
employed or where the order of dismissal of his
service, suspension or retrenchment is received as
observed in the case of Pritam Singh, supra.
24. The Hon’ble High Court of Bombay in Lalbhai
Tricumlal Mills vs. Vin (D.M) and Ors. 1956(I)
LLJ 557 has held that the Act did not deal with
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1082
the cause of action nor did it indicate what factors
will confer jurisdiction upon the court and
consequently the well known tests of a jurisdiction
would require to be complied with to which the
court or tribunal would have jurisdiction in the
matter. It also held that a Court or Tribunal would
have jurisdiction if the parties reside within
jurisdiction or if the subject-matter of the dispute
substantially arose within jurisdiction.
25. The workman, Shri Dinesh Velingkar has
produced on record the appointment letter dated
8-10-2001 addressed to him at his residential
address at Mangueshi. There is no dispute that
Party I is a permanent resident of Mangueshi-Goa
and all the correspondence were addressed to his
residential address at Mangueshi and that he was
stationed at Goa as Sales Executive on behalf of
Party II for achieving the sales target of the product
of Party II and that he was relieved from office for
failing to achieve the targets. The cause of action
therefore had arisen in the territory of State of Goa
as he was working on behalf of Party II in Goa.
Moreover, the Party I resided within the jurisdiction
of State of Goa and the subject matter of dispute
substantially arose within the jurisdiction of State
of Goa and therefore, it was open to Party I to
approach any of the State Governments for getting
the dispute referred and therefore the State of Goa
is competent to refer dispute to this Tribunal. The
contention of Ld. Adv. Shri S. M. Tendulkar and the
reliance placed on the above citations turned on
its own facts and therefore are not applicable to
the case at hand. The Tribunal has therefore
territorial jurisdiction to adjudicate the dispute
referred by the Government being the Government
of Goa and not the Government of Karnataka. It is,
therefore, issue No. 3 & 4 are answered in negative.
26. In the result, I pass the following:
ORDER
1. It is hereby held that the action of the
management of M/s. Murudeshwar
Ceramics Ltd., Hubli, having their branch
at Ponda-Goa, in terminating the services
of Shri Dinesh V. Velingkar (Mrkg.
Executive), with effect from 22-08-2002, is
legal and justified. The Party I, is therefore
not entitled to any relief.
2. No order as to costs.
3. Inform the Government accordingly.
Sd/-
(Vincent D’Silva)
Presiding Officer,
Industrial Tribunal and
Labour Court.
Notification
No. 28/1/2016-Lab/Part-IV/79
The following compromise memorandum of
settlement signed on 12-11-2016 before the National
Lok Adalat in case No. P-IT/50/16 is hereby
published 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.
Georgina Saldanha, Under Secretary (Labour).
Porvorim, 22nd February, 2017.
______
NATIONAL LOK ADALAT
COMPROMISE MEMORANDUM OF SETTLEMENT
IN CASE No. P-IT/50/16 FILED UNDER
SECTION 33 (1) OF THE INDUSTRIAL
DISPUTES ACT, 1947
Case No. P-IT/50/16
M/s. Elsteel Modular Products
India Pvt. Ltd.,
Plot No. 3, Phase 3,
Honda Industrial Estate,
Satari Goa 403530
.... Applicant/Party I
V/s
Shri Sarvesh Malik,
H. No. 194, Near Petrol Pump,
Pratap Nagar, Sanquelim-Goa .... Opponent/Party II
MAY IT PLEASE YOUR HONOUR
Dispute in brief is that pursuant to the
suspension orders dated 28-09-2016 made by the
Company M/s. Elsteel Modular Products (I) Pvt. Ltd.,
Honda, Satari Goa, suspending the workmen
namely, S/Shri Sanjay Hirlekar, Sarvesh Malik, Vithal
Gawas, Pratap Nagvekar, Pravin Naik, Rajendra
Narulkar, Amit Ekawade, Rupesh Rawal, Kiran
Sawant, Prakash Gaonkar, Pundalik Dessai, Vishwas
Malik and Mahadev Jaiwant Narvekar (For short the
said workmen) pending permission of the Hon’ble
Industrial Tribunal of Goa, Panaji in reference
No. IT/21/2016, the Gomantak Mazdoor Sangh,
Ponda Goa espoused the cause of the said workmen
before the company vide its letter dated 02-10-2016.
The Union also endorsed a copy of the said notice
to this office i.e. the Assistant Labour Commissioner
and Conciliation Officer, Mapusa for intervention.
The union/said workmen challenged their
suspension pending permission and payment of
subsistence allowance @ 50% of the last drawn
wages. The Union also gave a notice of strike by all
the workmen w.e.f. 17-10-2016 if the matter of the
said workmen is not resolved.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1083
A notice for discussion was served on the
management of the Company and the Union to
appear before this office on 07-10-2016. The
management and the union alongwith the said
workmen attended the discussions accordingly on
7-10-16, 13-10-16, 14-10-16, 20-10-16, 25-10-16 and
28-10-16. The matter is admitted was admitted in
conciliation and further discussions were held. The
management had contended that the suspension
of the said workmen was pending permission to
dismiss the said workmen. The applications dated
28-9-16 have been simultaneously filed by the
company before the Industrial Tribunal of Goa,
Panaji before whom the main adjudication on
Charter of demands by the Union is pending.
The proposals were exchanged between the
parties on the settlement of the dispute of the
Union/said workmen amicable. The management
stated that the management shall not take back the
said workmen and that they are ready to settle the
matter of the said workmen on monetary basis.
The said workmen and the union had separate
discussions on the proposals given by the company
in respect of the settlement of the dispute of the
said workmen on monetary terms. The management
has also contended that the criminal complaint
filed by the Union/workmen has to be withdrawn
before setting the matter.
The union informed this office that the said
workmen as well as the workmen of the Company
have agreed and decided to settle the dispute on
terms spelt out below.
TERMS OF COMPROMISE SETTLEMENT
1. It is agreed between the parties that the
workmen of M/s. Elsteel Modular Products India Pvt.
Ltd., Honda Goa, namely, S/Shri Sanjay Hilekar,
Sarvesh Malik, Vithal Gawas, Pratap Nagvekar,
Pravin Naik, Rajendra Narulkar, Amit Ekawade,
Rupesh Rawal, Kiran Sawant, Prakash Gaonkar,
Pundalik Dessai, Vishwas Malik and Mahadev
Jaiwant Narvekar shall be deemed to have resigned
from the service w.e.f. 28-10-16.
2. It is agreed between the parties that each of
the workmen above named shall be paid an amount
of Rs. 4,50,000/- (Rupees four lakhs & fifty thousand
only) in full and final settlement of their legal dues,
except gratuity and leave encashment, Bonus and
earned wages which will be paid separately on the
last drawn wages as on 31-8-2016. It is agreed
between the parties that all the said workmen shall
be issued bonafide service certificate.
3. It is agreed between the parties that in view
of Clauses (1) and (2) above named the applications
filed by the Company, for permission to dismiss the
said workmen, shall be withdrawn.
4. It is agreed and declared by the Union and the
said workmen that the amount payable by the
company to the said workmen in the manner
hereinabove provided for are in full and final
settlement and satisfaction of all the claims of the
said workmen against the Company including
claims for compensation for loss of office or
otherwise whatsoever.
5. It is agreed between the parties that the
Complaint filed by the Union/Workmen before the
Police Inspector at Valpoi Police Station, Valpoi,
against the General Manager, Mr. Kalidas Jadhav
shall be withdrawn on or before 15-11-2016.
6. It is agreed between the parties that the said
amount payable to the said workmen shall be paid
on or before 15-11-2016.
Signed on this 12th day of November, 2016.
________
Notification
No. 28/1/2016-Lab/Part-IV/80
The following compromise memorandum of
settlement signed on 12-11-2016 before the National
Lok Adalat in case No. P-IT/49/16 is hereby
published 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.
Georgina Saldanha, Under Secretary (Labour).
Porvorim, 22nd February, 2017.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1084
NATIONAL LOK ADALAT
COMPROMISE MEMORANDUM OF SETTLEMENT
IN CASE No. P-IT/49/16 FILED UNDER SECTION
33 (1) OF THE INDUSTRIAL
DISPUTES ACT, 1947
Case No. P-IT/49/16
M/s. Elsteel Modular Products
India Pvt. Ltd.,
Plot No. 3, Phase 3,
Honda Industrial Estate,
Satari Goa (403530)
… Applicant/Party I
V/s
Shri Rupesh Pandurang Rawal,
H. No. 40, Dhab-Dhaba,
Bicholim Goa
… Opponent/Party II
MAY IT PLEASE YOUR HONOUR
Dispute in brief is that pursuant to the
suspension orders dated 28-09-2016 made by the
Company M/s. Elsteel Modular Products (I) Pvt.
Ltd., Honda, Satari Goa, suspending the workmen
namely, S/Shri Sanjay Hirlekar, Sarvesh Malik, Vithal
Gawas, Pratap Nagvekar, Pravin Naik, Rajendra
Narulkar, Amit Ekawade, Rupesh Rawal, Kiran
Sawant, Prakash Gaonkar, Pundalik Dessai, Vishwas
Malik and Mahadev Jaiwant Narvekar (For short
the said workmen) pending permission of the
Hon’ble Industrial Tribunal of Goa, Panaji, in
reference No. IT/21/2016, the Gomantak Mazdoor
Sangh, Ponda Goa espoused the cause of the said
workmen before the company vide its letter dated
02-10-2016. The Union also endorsed a copy of the
said notice to this office i.e. the Assistant Labour
Commissioner and Conciliation Officer, Mapusa
for intervention. The Union/said workmen
challenged their suspension pending permission
and payment of subsistence allowance @ 50% of
the last drawn wages. The Union also gave a notice
of strike by all the workmen w.e.f. 17-10-2016 if the
matter of the said workmen is not resolved.
A notice for discussion was served on the
management of the Company and the Union to
appear before this office on 07-10-2016. The
management and the union alongwith the said
workmen attended the discussions accordingly on
7-10-16, 13-10-16, 14-10-16, 20-10-16, 25-10-16 and
28-10-16. The matter is admitted was admitted in
conciliation and further discussions were held. The
management had contended that the suspension
of the said workmen was pending permission to
dismiss the said workmen. The applications dated
28-9-16 have been simultaneously filed by the
company before the Industrial Tribunal of Goa,
Panaji before whom the main adjudication on
Charter of demands by the Union is pending.
The proposals were exchanged between the
parties on the settlement of the dispute of the
Union/said workmen amicable. The management
stated that the management shall not take back
the said workmen and that they are ready to settle
the matter of the said workmen on monetary basis.
The said workmen and the union had separate
discussions on the proposals given by the Company
in respect of the settlement of the dispute of the
said workmen on monetary terms. The management
has also contended that the criminal complaint
filed by the union/workmen has to be withdrawn
before settling the matter.
The union informed this office that the said
workmen as well as the workmen of the Company
have agreed and decided to settle the dispute on
terms spelt out below.
TERMS OF COMPROMISE SETTLEMENT
1. It is agreed between the parties that the
workmen of M/s. Elsteel Modular Products
India Pvt. Ltd., Honda Goa, namely
S/Shri Sanjay Hirlekar, Sarvesh Malik, Vithal
Gawas, Pratap Nagvekar, Pravin Naik,
Rajendra Narulkar, Amit Ekawade, Rupesh
Rawal, Kiran Sawant, Prakash Gaonkar,
Pundalik Dessai, Vishwas Malik and Mahadev
Jaiwant Narvekar shall be deemed to have
resigned from the service w.e.f. 28-10-16.
2. It is agreed between the parties that each of
the workmen above named shall be paid an
amount of Rs. 4,50,000/- (Rupees four lakhs &
fifty thousand only) in full and final
settlement of their legal dues, except gratuity
and leave encashment, bonus and earned
wages which will be paid separately on the
last drawn wages as on 31-8-2016. It is agreed
between the parties that all the said workmen
shall be issued bonafide service certificate.
3. It is agreed between the parties that in view
of Clauses (1) and (2) above named the
applications filed by the Company, for
permission to dismiss the said workmen, shall
be withdrawn.
4. It is agreed and declared by the Union and
the said workmen that the amount payable
by the company to the said workmen in the
manner hereinabove provided for are in full
and final settlement and satisfaction of all
the claims of the said workmen against the
Company including claims for compensation
for loss of office or otherwise whatsoever.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1085
5. It is agreed between the parties that the
Complaint filed by the Union/workmen
before the Police Inspector at Valpoi Police
Station, Valpoi, against the General Manager,
Mr. Kalidas Jadhav shall be withdrawn on or
before 15-11-2016.
6. It is agreed between the parties that the
said amount payable to the said workmen
shall be paid on or before 15-11-2016.
Signed on this 12th day of November, 2016.
________
Notification
No. 28/1/2016-Lab/Part-IV/81
The following compromise memorandum of
settlement signed on 12-11-2016 before the National
Lok Adalat in case No. P-IT/48/16 is hereby
published 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.
Georgina Saldanha, Under Secretary (Labour).
Porvorim, 22nd February, 2017.
______
NATIONAL LOK ADALAT
COMPROMISE MEMORANDUM OF SETTLEMENT
IN CASE No. P-IT/48/16 FILED UNDER SECTION
33 (1) OF THE INDUSTRIAL
DISPUTES ACT, 1947
Case No. P-IT/48/16
M/s. Elsteel Modular Products
India Pvt. Ltd.,
Plot No. 3, Phase 3,
Honda Industrial Estate,
Satari Goa (403530)
… Applicant/Party I
V/s
Shri Rajendra Dharma Narulkar,
H. No. 101, Dhab-Dhaba,
Bicholim Goa
… Opponent/Party II
MAY IT PLEASE YOUR HONOUR
Dispute in brief is that pursuant to the
suspension orders dated 28-09-2016 made by the
Company M/s. Elsteel Modular Products (I) Pvt.
Ltd., Honda, Satari Goa, suspending the workmen
namely S/Shri Sanjay Hirlekar, Sarvesh Malik, Vithal
Gawas, Pratap Nagvekar, Pravin Naik, Rajendra
Narulkar, Amit Ekawade, Rupesh Rawal, Kiran
Sawant, Prakash Gaonkar, Pundalik Dessai, Vishwas
Malik and Mahadev Jaiwant Narvekar (For short
the said workmen) pending permission of the
Hon’ble Industrial Tribunal of Goa, Panaji, in
reference No. IT/21/2016, the Gomantak Mazdoor
Sangh, Ponda Goa espoused the cause of the said
workmen before the company vide its letter dated
02-10-2016. The Union also endorsed a copy of the
said notice to this office i.e. the Assistant Labour
Commissioner and Conciliation Officer, Mapusa for
intervention. The Union/said workmen challenged
their suspension pending permission and payment
of subsistence allowance @ 50% of the last drawn
wages. The Union also gave a notice of strike by all
the workmen w.e.f. 17-10-2016 if the matter of the
said workmen is not resolved.
A notice for discussion was served on the
management of the Company and the Union to
appear before this office on 07-10-2016. The
management and the union alongwith the said
workmen attended the discussions accordingly on
7-10-16, 13-10-16, 14-10-16, 20-10-16, 25-10-16 and
28-10-16. The matter is admitted was admitted in
conciliation and further discussions were held. The
management had contended that the suspension
of the said workmen was pending permission to
dismiss the said workmen. The applications dated
28-9-16 have been simultaneously filed by the
company before the Industrial Tribunal of Goa,
Panaji before whom the main adjudication on
Charter of demands by the Union is pending.
The proposals were exchanged between the
parties on the settlement of the dispute of the
Union/said workmen amicable. The management
stated that the management shall not take back
the said workmen and that they are ready to settle
the matter of the said workmen on monetary basis.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1086
The said workmen and the union had separate
discussions on the proposals given by the Company
in respect of the settlement of the dispute of the
said workmen on monetary terms. The management
has also contended that the criminal complaint
filed by the union/workmen has to be withdrawn
before settling the matter.
The union informed this office that the said
workmen as well as the workmen of the Company
have agreed and decided to settle the dispute on
terms spelt out below.
TERMS OF COMPROMISE SETTLEMENT
1. It is agreed between the parties that the
workmen of M/s. Elsteel Modular Products
India Pvt. Ltd., Honda Goa, namely,
S/Shri Sanjay Hirlekar, Sarvesh Malik, Vithal
Gawas, Pratap Nagvekar, Pravin Naik,
Rajendra Narulkar, Amit Ekawade, Rupesh
Rawal, Kiran Sawant, Prakash Gaonkar,
Pundalik Dessai, Vishwas Malik and Mahadev
Jaiwant Narvekar shall be deemed to have
resigned from the service w.e.f. 28-10-16.
2. It is agreed between the parties that each of
the workmen above named shall be paid an
amount of Rs. 4,50,000/- (Rupees four lakhs &
fifty thousand only) in full and final
settlement of their legal dues, except gratuity
and leave encashment, bonus and earned
wages which will be paid separately on the
last drawn wages as on 31-8-2016. It is agreed
between the parties that all the said workmen
shall be issued bonafide service certificate.
3. It is agreed between the parties that in view
of Clauses (1) and (2) above named the
applications filed by the Company, for
permission to dismiss the said workmen, shall
be withdrawn.
4. It is agreed and declared by the Union and
the said workmen that the amount payable
by the company to the said workmen in the
manner hereinabove provided for are in full
and final settlement and satisfaction of all
the claims of the said workmen against the
Company including claims for compensation
for loss of office or otherwise whatsoever.
5. It is agreed between the parties that the
Complaint filed by the Union/workmen
before the Police Inspector at Valpoi Police
Station, Valpoi, against the General Manager,
Mr. Kalidas Jadhav shall be withdrawn on or
before 15-11-2016.
6. It is agreed between the parties that the
said amount payable to the said workmen
shall be paid on or before 15-11-2016.
Signed on this 12th day of November, 2016.
________
Notification
No. 28/1/2016-Lab/Part-IV/82
The following compromise memorandum of
settlement signed on 12-11-2016 before the National
Lok Adalat in case No. P-IT/48/16 is hereby
published 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.
Georgina Saldanha, Under Secretary (Labour).
Porvorim, 22nd February, 2017.
______
NATIONAL LOK ADALAT
COMPROMISE MEMORANDUM OF SETTLEMENT
IN CASE No. P-IT/47/16 FILED UNDER SECTION
33 (1) OF THE INDUSTRIAL
DISPUTES ACT, 1947
Case No. P-IT/47/16
M/s. Elsteel Modular Products
India Pvt. Ltd.,
Plot No. 3, Phase 3,
Honda Industrial Estate,
Satari Goa (403530)
… Applicant/Party I
V/s
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1087
Shri Amit Anand Ekwade,
H. No. 92, Van New Wada,
Maulingem, Bicholim Goa
… Opponent/Party II
MAY IT PLEASE YOUR HONOUR
Dispute in brief is that pursuant to the
suspension orders dated 28-09-2016 made by the
Company M/s. Elsteel Modular Products (I) Pvt.
Ltd., Honda, Satari Goa, suspending the workmen
namely S/Shri Sanjay Hirlekar, Sarvesh Malik, Vithal
Gawas, Pratap Nagvekar, Pravin Naik, Rajendra
Narulkar, Amit Ekawade, Rupesh Rawal, Kiran
Sawant, Prakash Gaonkar, Pundalik Dessai, Vishwas
Malik and Mahadev Jaiwant Narvekar (For short
the said workmen) pending permission of the
Hon’ble Industrial Tribunal of Goa, Panaji, in
reference No. IT/21/2016, the Gomantak Mazdoor
Sangh, Ponda Goa espoused the cause of the said
workmen before the company vide its letter dated
02-10-2016. The Union also endorsed a copy of the
said notice to this office i.e. the Assistant Labour
Commissioner and Conciliation Officer, Mapusa for
intervention. The Union/said workmen challenged
their suspension pending permission and payment
of subsistence allowance @ 50% of the last drawn
wages. The Union also gave a notice of strike by all
the workmen w.e.f. 17-10-2016 if the matter of the
said workmen is not resolved.
A notice for discussion was served on the
management of the Company and the Union to
appear before this office on 07-10-2016. The
management and the union alongwith the said
workmen attended the discussions accordingly on
7-10-16, 13-10-16, 14-10-16, 20-10-16, 25-10-16 and
28-10-16. The matter is admitted was admitted in
conciliation and further discussions were held. The
management had contended that the suspension
of the said workmen was pending permission to
dismiss the said workmen. The applications dated
28-9-16 have been simultaneously filed by the
company before the Industrial Tribunal of Goa,
Panaji before whom the main adjudication on
Charter of demands by the Union is pending.
The proposals were exchanged between the
parties on the settlement of the dispute of the
Union/said workmen amicable. The management
stated that the management shall not take back
the said workmen and that they are ready to settle
the matter of the said workmen on monetary basis.
The said workmen and the union had separate
discussions on the proposals given by the Company
in respect of the settlement of the dispute of the
said workmen on monetary terms. The management
has also contended that the criminal complaint
filed by the union/workmen has to be withdrawn
before settling the matter.
The union informed this office that the said
workmen as well as the workmen of the Company
have agreed and decided to settle the dispute on
terms spelt out below.
TERMS OF COMPROMISE SETTLEMENT
1. It is agreed between the parties that the
workmen of M/s. Elsteel Modular Products
India Pvt. Ltd., Honda Goa, namely,
S/Shri Sanjay Hirlekar, Sarvesh Malik, Vithal
Gawas, Pratap Nagvekar, Pravin Naik,
Rajendra Narulkar, Amit Ekawade, Rupesh
Rawal, Kiran Sawant, Prakash Gaonkar,
Pundalik Dessai, Vishwas Malik and Mahadev
Jaiwant Narvekar shall be deemed to have
resigned from the service w.e.f. 28-10-16.
2. It is agreed between the parties that each of
the workmen above named shall be paid an
amount of Rs. 4,50,000/- (Rupees four lakhs &
fifty thousand only) in full and final
settlement of their legal dues, except gratuity
and leave encashment, bonus and earned
wages which will be paid separately on the
last drawn wages as on 31-8-2016. It is agreed
between the parties that all the said workmen
shall be issued bonafide service certificate.
3. It is agreed between the parties that in view
of Clauses (1) and (2) above named the
applications filed by the Company, for
permission to dismiss the said workmen, shall
be withdrawn.
4. It is agreed and declared by the Union and
the said workmen that the amount payable
by the company to the said workmen in the
manner hereinabove provided for are in full
and final settlement and satisfaction of all
the claims of the said workmen against the
Company including claims for compensation
for loss of office or otherwise whatsoever.
5. It is agreed between the parties that the
Complaint filed by the Union/workmen
before the Police Inspector at Valpoi Police
Station, Valpoi, against the General Manager,
Mr. Kalidas Jadhav shall be withdrawn on or
before 15-11-2016.
6. It is agreed between the parties that the
said amount payable to the said workmen
shall be paid on or before 15-11-2016.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 48
2ND MARCH, 2017
1088
Signed on this 12th day of November, 2016.
——————
Department of Law & Judiciary
Law (Establishment) Division
__
Notification by the High Court of Judicature
Appellate Side, Bombay.
No. A-1205/G/2017/680
In exercise of the powers conferred by
sub-section (3) of Section 9 of the Code of Criminal
Procedure, 1973 (No. 2 of 1974), the High Court is
pleased to appoint the following Assistant Sessions
Judges as the Additional Sessions Judges to
exercise jurisdiction in the Courts of Sessions with
immediate effect.
Name of the Judicial Officers and present posting
Sr.
Name of Judicial Officers
No.
1. Ms. Vijaya V. Ambre,
Ad hoc District Judge-2 & Assistant Sessions
Judges (F.T.C.), Panaji.
2. Ms. Bela N. Naik,
Ad hoc District Judge-1 & Assistant Sessions
Judge (FTC), North Goa, Mapusa.
High Court, Bombay,
Mangesh S. Patil
Dated: 16th February, 2017.
Registrar General
Department of Transport
Directorate of Transport
__
Notification
No. D. Tpt/EST/1997/(PF) 2015/441
Read: Notification No. D.Tpt/EST/2002/2012/1619
dated 26-04-2012.
Government is pleased to accept the resignations
tendered by Shri Jose Luis Carlos Almeida, Vasco
as Chairman on the Board of Directors of Kadamba
Transport Corporation Ltd.
Consequently said Shri Jose Luis Carlos Almeida,
Vasco ceased to be the Chairman on the Board of
Directors of Kadamba Transport Corporation Ltd.
with effect from 16-01-2017.
By order and in the name of the Governor of
Goa.
Sunil Masurkar, Director & ex officio Joint
Secretary (Transport).
Panaji, 22nd February, 2017.
________
Notification
No. D. Tpt/EST/1997/(PF) 2016/445
In pursuance of Article 68 read with Article 78
of the Articles of Association of the Kadamba
Transport Corporation Limited, the Government is
pleased to appoint Shri Dharmendra Sharma, IAS,
Secretary (Transport) as Chairman of the Kadamba
Transport Corporation Limited w.e.f. 16-01-2017
vice Shri Jose Luis Carlos Almeida, former Chairman
of Kadamba Transport Corporation Limited.
By order and in the name of the Governor of
Goa.
Sunil Masurkar, Director & ex officio Joint
Secretary (Transport).
Panaji, 22nd February, 2017.
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