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Goa Gazette · Government of Goa

Goa Gazette, No. 1617-51, 23 March 2017

Published 23 March 2017

Type
OG
Gazette no.
1617-51
Num
0
Series
SII
Identifier
in.goa.egaz.1617-51.SII/1617-51-SII-OG-0
Languages
English, Portuguese
Published at
Original source ↗

Reg. No. G-2/RNP/GOA/32/2015-2017

RNI No. GOAENG/2002/6410

Panaji, 23rd March, 2017 (Chaitra 2, 1939) SERIES II No. 51 PUBLISHED BY AUTHORITY

Note:- There are five Extraordinary issues to the Official Gazette, Series II No. 50 dated 16-03-2017 as follows:—

(1) Extraordinary dated 16-03-2017 from pages 1143 to 1144 regarding Notification from Goa Legislature Secretariat.

(2) Extraordinary (No. 2) dated 18-03-2017 from pages 1145 to 1146 regarding Notification from Goa Legislature

Secretariat.

(3) Extraordinary (No. 3) dated 20-03-2017 from pages 1147 to 1148 regarding Notification from Department

of General Administration.

(4) Extraordinary (No. 4) dated 21-03-2017 from pages 1149 to 1150 regarding Notification from Goa Legislature

Secretariat.

(5) Extraordinary (No. 5) dated 22-03-2017 from pages 1151 to 1152 regarding Notification from Goa Legislature

Secretariat.

GOVERNMENT OF GOA

Department of Animal Husbandry & Veterinary Services

Directorate of Animal Husbandry & Veterinary Services

Goa State Veterinary Council

__

Order

No. GSVC/F-8/2016-17/109

List of names deleted from the State Veterinary Practitioners Register as on 03-03-2017.

In supersession of all earlier orders, the following Veterinarians are not eligible to practice Veterinary Medicine in the State of Goa.

Sr. Regn. No. Name of Doctor Reason for Deletion of Name No.

1 2 3

4

1. GSVC/01 Dr. Abdus Sami Non Renewal 2. GSVC/02 Dr. Saradindu Ray Non Renewal 3. GSVC/03 Dr. Suresh K. S. Usgaonkar Non Renewal 4. GSVC/04 Dr. N. Sreedharan Nair Deceased 5. GSVC/06 Dr. Nair NV Non Renewal 6. GSVC/07 Dr. Ashok Khandeparkar Non Renewal 7. GSVC/08 Dr. Leo F. Pinto Deceased 8. GSVC/09 Dr. H. K. Malviya Deceased 9. GSVC/11 Dr. Shastri KR Non renewal

10. GSVC/12 Dr. B. R. Chowgule Deceased 11. GSVC/15 Dr. Suresh B. Shet Deceased 12. GSVC/13 Dr. Augusto De S. Nazareth Non Renewal 13. GSVC/20 Dr. Manuel M. A. Monteiro Deceased 14. GSVC/22 Dr. Mirza A. A. Baig Deceased1153 Suggestions are welcomed on e-mail: [email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017 1 2 3

4

15. GSVC/16        Dr. Aher PF                                    Non Renewal
16. GSVC/33        Dr. Avadhut V. Pai                             Deceased
17. GSVC/37        Dr. Arvind Gracias Costa                       Non Renewal
18. GSVC/57        Dr. K. R. Pushpakaran                          Deceased
19. GSVC/58        Dr. A. R. Bhattacharya                         Deceased
20. GSVC/59        Dr. Varughese Jijimol                          Non Renewal
21. GSVC/60        Dr. Shanmuga Sundaram                          Non Renewal
22. GSVC/61        Dr. Ralph D Souza                              Non Renewal
23. GSVC/62        Dr. Maria A. Borges                            Non Renewal
24. GSVC/65        Dr. Caroline S. Cordeiro                       Non Renewal
25. GSVC/66        Dr. Camilo G. D Costa                          Transferred to Karnataka
26. GSVC/68        Dr. Vivek Panvelkar                            Non Renewal
27. GSVC/72        Dr. Cecilio R. J. Gonsalves                    Non Renewal
28. GSVC/75        Dr. Anand Datta Balve                          Non Renewal
29. GSVC/76        Dr. Joy TP Fernandes                           Non Renewal
30. GSVC/80        Dr. Texeira Peter Rosario                      Non Renewal
31. GSVC/81        Dr. Ashtosh Kumar Singh                        Non Renewal
32. GSVC/82        Dr. (Mrs.) Sarabjeet Kaur                      Non Renewal
33. GSVC/83        Dr. Perwin J. Nazareth                         Non Renewal
34. GSVC/88        Dr. Prashant Havaldhar                         Non Renewal
35. GSVC/89        Dr. Balkrishna V. Pai                          Non Renewal
36. GSVC/91        Dr. Ambika R. Nambiar                          Non Renewal
37. GSVC/93        Dr. Veerendran Veerasamy                       Non Renewal
38. GSVC/96        Dr. Adrian F. Rodrigues                        Non Renewal
39. GSVC/99        Dr. Jayaraman Ramnathan                        Non Renewal
40. GSVC/103       Dr. Vijay Mahato                               Non Renewal
41. GSVC/106       Dr. Jayaram R.                                 Non Renewal
42. GSVC/107       Dr.  Michelle  D  Cunha                        Non Renewal
43. GSVC/108       Dr. Virkar Shankar Kisan                       Non Renewal
44. GSVC/110       Dr. Ashish Kumar Chakrabarti                   Non Renewal
45. GSVC/111       Dr. N. V. Mallikarjuna Prasad                  Non Renewal
46. GSVC/116       Dr. Zarina Aziz                                Non Renewal
47. GSVC/117       Dr. Randhir Clayton Vaz                        Non Renewal
48. GSVC/120       Dr. Elizabeth J. D. C. Diniz                   Non Renewal
49. GSVC/121       Dr. Robin Jacob Paul                           Non Renewal
50. GSVC/124       Dr. Kevin Peter D Mello                        Non Renewal
51. GSVC/128       Dr. Parisha B. Patil                           Non Renewal
52. GSVC/132       Dr. Annie Thomas                               Non Renewal
53. GSVC/135       Dr. Chakatha Tushara                           Non Renewal
54. GSVC/137       Dr. Nadia Dinella Colaco                       Non Renewal
55. GSVC/142       Dr. B. K. Swain                                Transferred to Orissa
56. GSVC/145       Dr. Christe Aguiar                             Non Renewal
57. GSVC/148       Dr.  Aditi  Miranda                            Transferred to Karnataka
58. GSVC/151       Dr. Farah Maria De Souza                       Non Renewal
59. GSVC/153       Dr. Radha S. Kamat                             Non Renewal
60. GSVC/156       Dr. Elizabeth Abraham                          non Renewal
61. GSVC/189       Dr. Davina Trindade                            Transferred to Maharashtra
62. GSVC/199       Dr. Queenie C. Fernandes                       Transferred to Karnataka
63. GSVC/206       Dr. Anushka Lobo                               Transferred to Maharashtra

It may please be noted that as per Chapter IV, Section 30 of the 'Indian Veterinary Council Act, 1984' no person, other than a Registered Veterinary Practitioner shall:–

1. Hold office as Veterinary Physician or Surgeon or any other like title (by whatever name called) in Government or in any Institution maintained by a local or other authority.

2. Practice Veterinary Medicine in any State.

1154 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017

3. Be entitled to sign or authenticate a Veterinary Health Certificate or any other Certificate required by any law to be signed or authenticated by a duly qualified Veterinary Practitioner.

4. Be entitled to give evidence at any inquest or in any court of law as an expert under Section 45

of the Indian Evidence Act, 1872 on any matter relating to Veterinary Medicine.

Dr. Marwin Lopes, Registrar, Goa State Veterinary Council.

Panaji, 15th March, 2017.

V. No. A–13161/2017

———(cid:139)(cid:139)(cid:139)———

Department of Education, Art & Culture

Directorate of Technical Education

Polytechnic Section __

Order

No. 26/2/12/2001/DTE/4846

Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005) (hereinafter referred to as the "said Act"), I, Dipak M. Bandekar, Commissioner of Commercial Taxes, Government of Goa, hereby extend the period of assessment for the financial year 2013-14 by two months with effect from 1st April, 2017. All assessments for the year 2013-14 shall accordingly be completed on or before 31st May, 2017.

Dipak M. Bandekar, Commissioner, (Commercial

Taxes).

Panaji, 22nd March, 2017.

———(cid:139)(cid:139)(cid:139)———

Department of Industries __

Notification

On the recommendations of the Goa Public Service Commission conveyed vide their letter No. COM/II/12/34(1)/2014/540 dated 03-02-2017, the Government of Goa is pleased to declare the following Group 'A', Gazetted Officers of Government Polytechnic, Curchorem, Goa to have satisfactorily completed their probation period and confirm them in the post with effect from date mentioned in the respective column against their names.

Sr. Name of the Designation Date of No. Incumbent confirmation

1. Shri Ashok Rama Lecturer in 09-12-2012

Deulkar Computer

Engineering

2. Kum. Resha Lecturer in 09-01-2013

Rohidas Govekar Computer

Engineering

3. Shri Premanand Lecturer in 14-06-2013

Kushali Velip Electronics

Engineering

By order and in the name of the Governor of

Goa.

Vivek B. Kamat, Director & ex officio Additional

Secretary (Technical Education).

Porvorim, 17th March, 2017.

———(cid:139)(cid:139)(cid:139)———

Department of Finance

Office of the Commissioner of Commercial Taxes __

No. 3/7/2016-IND

Whereas, the Goa Investment Promotion and Facilitation Board (hereinafter referred to as the "said Board") has received an application dated 01-07-2015 from M/s. Narcinva Damodar Naik Group for setting up of Warehousing on self owned private land in the area specified in the Schedule hereto (hereinafter referred to as the "said Project");

And whereas, the said Board in its eighth meeting held on 14th December, 2015 vide Item No. 11 has granted in-principle approval for the said Project and has recommended to the Government to demarcate and notify the area specified in the schedule hereto as notified areas for the purpose of investment promotion under the Goa Investment Promotion Act, 2014 (Act 13 of 2014);

And whereas, the Government has accepted the

said recommendation of the said Board;

Notification

No. CCT/12-2/16-17/5748

In exercise of the powers conferred by the third proviso to sub-section (3) of Section 29 of the Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 7 of the Goa Investment Promotion Act, 2014 (Goa Act 13 of 2014), the Government of Goa hereby demarcates and declares the whole area as specified in the Schedule hereto to be notified area for the purpose of Investment Promotion under the said Act.

1155 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017

SCHEDULE

(a) Area : 30,000 sq. mtrs.

(b) Village : Verna (within Village Panchayat

of Nagoa-Verna).

(c) Taluka : Salcete.

(d) Survey No. : 30/1.

(e) Field : Fondgali.

(f) Boundaries:—

North : By the property of Communidade of Verna in the village of Nagoa, village boundary of Village Nagoa;

South : By property of Communidade of Verna

(Survey No. 31);

East : By land of Communidade of Verna (Survey

No. 31);

West : Communidade of Nagoa/Village boundary

of Village Nagoa.

By order and in the name of the Governor

of Goa.

Georgina Saldanha, Under Secretary (Industries).

Porvorim, 20th March, 2017.

———(cid:139)(cid:139)(cid:139)———

Tribunal of Goa at Panaji-Goa, constituted under

Section 7-A of the said Act.

SCHEDULE

"(1) Whether S/Shri Yatin Chodenkar, Jose Francisco Mories, Savio Dias, Vincent Miranda, Ms. Candida D'Costa and Ms. Diana Almeida are workmen as defined under Section 2(s) of the Industrial Disputes

Act, 1947 (Central Act 14 of 1947)?

(2) If the answer to the issue No. (1) above is in the affirmative, then, whether the action of the management of M/s. Majorda Beach Resort, Majorda, Salcete, Goa, in terminating the services of the above

mentioned workmen, with effect from 07-06-2016, is legal and justified?

(3) If the answer to issue No. (2) above is in the negative, then, what relief the workmen are entitled to?"

By order and in the name of the Governor of

Goa.

Georgina Saldanha, Under Secretary (Labour).

Porvorim, 17th March, 2017.

________

Order

Department of Labour

— Order

No. 28/05/2017-LAB/141

Whereas the Government of Goa is of the opinion

that an industrial dispute exists between the management of M/s. Majorda Beach Resort, Majorda, Salcete, Goa and their workmen, represented by the Gomantak Mazdoor Sangh, in respect of the matter specified in the Schedule hereto (hereinafter referred to as the "said dispute");

And whereas the Government of Goa considers it expedient to refer the said dispute for adjudication.

Now, therefore, in exercise of the powers conferred by clause (d) of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947 (Central Act

14 of 1947) (hereinafter referred to as the "said Act"), the Government of Goa hereby refers the said dispute for adjudication to the Industrial No. 28/04/2017-LAB/142

Whereas the Government of Goa is of the opinion

that an industrial dispute exists between the management of M/s. Chowgule Industries Private Limited, Campal, Panaji, Goa, and their workmen, represented by the Gomantak Mazdoor Sangh, in respect of the matter specified in the Schedule hereto (hereinafter referred to as the "said

dispute");

And whereas the Government of Goa considers it expedient to refer the said dispute for adjudication.

Now, therefore, in exercise of the powers conferred by clause (d) of sub-section (1) of Section

10 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) (hereinafter referred to as the "said Act"), the Government of Goa hereby refers the said dispute for adjudication to the Industrial Tribunal of Goa at Panaji-Goa, constituted under Section 7-A of the said Act.

1156 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017

SCHEDULE

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

to?"

By order and in the name of the Governor of

Goa.

Georgina Saldanha, Under Secretary (Labour).

Porvorim, 17th March, 2017.

"(1) Whether the action of the management of M/s. Chowgule Industries Private Limited, Campal, Panaji, Goa, in transferring the services of S/Shri Nayadade Antao, Nilesh Sawant, Kiran Gadekar, Anand Naik, Audhut Samant, Sanjay Gaude and Shri Dattaram Morajkar vide their Order dated 17-11-2016, is legal and justified?

———(cid:139)(cid:139)(cid:139)———

Notification

No. 24/18/2011-LAB/140

Read: 1) Notification No. 10(33)/2010/DOIT/e-services/Part file 2/7311 dated 26-11-2010.

2) Notification No. 24/18/2011-Lab/162 dated 28-03-2012.

In pursuance of para 5 of the above Notification issued by Department of Information Technology, Government of Goa, it is hereby informed that the public services which are mentioned below would be delivered to the citizens of Goa through State Portal of Goa and Labour Department on the web address https://www.goa.gov.in and https://labour.goa/gov.in

Sr. Name of service Time frame for document List of supporting document No.

delivery

1 2

3

5

1. Application for Registration Fifteen working days In case of Partnership Firm

* Partnership Deed.

Certificates under the Contract Labour (Regulation & Abolition) Act, 1970 and Rule thereunder

* Identification Proof

PAN Card/Driving Licence/Aadhar Card, Passport Copy, etc.

In case of Private Limited Company

* Memorandum of Article of

Association.

* List of Directors with address. * Authority letter to whom to be signed on the application.

2. Application for Registration Fifteen working days In case of Partnership Firm

* Partnership Deed.

* Identification Proof

Certificate under the Inter- State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and Rule thereunder

PAN Card/Driving Licence/ /Aadhar Card, Passport Copy, etc.

In case of Private Limited Company

* Memorandum of Article of

Association.

* List of Directors with address. * Authority letter to whom to be signed on the application.

3. Application for Registration Fifteen working days

of Establishments Employing Building Workers under the Building and Other Construction1157 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017 1 2

3

Workers' (Regulation of Employment and Conditions of Service) Act, 1996 and Rule thereunder

5

4. Application for Renewal/ Fifteen working days * Original Registration Certificate.

/Amendment of Registration of Establishments Employing under Contract Labour (Regulation & Abolition) Act, 1970 and Rule thereunder * List of Contract Labour under each Contractor.

5. Application for Renewal/ Fifteen working days * Original Registration Certificate.

/Amendment of Registration of Establishments Employing Migrant Labour under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and Rule thereunder.

* List of Migrant Labour under each Contractor.

6. Application for Licence for Fifteen working days * Certificate by the Principal Contractors in order to employ Employer-Form V. Contract Labour under the Contract Labour (Regulation & In case of Partnership Firm Abolition) Act, 1970 and Rule thereunder

* Partnership Deed. * Identification Proof * PAN Card/Driving Licence/ Aadhar Card, Passport Copy, etc.

In case of Private Limited Company

* Memorandum of Article of Association.

* List of Directors with address. * Authority letter to whom to be signed on the application.

If Principal Employer is

Government Establishment

* Work Order.

7. Application for Licence for Fifteen working days * Certificate by the Principal

In case of Partnership Firm * Partnership Deed

Identification Proof

* PAN Card/Driving Licence/ Contractors in order to employ Employer-Form VI Migrant Labour under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and Rule thereunder /Aadhar Card, Passport Copy, etc. In case of Private Limited Company

* Memorandum of Article of Association.

* List of Directors with address. * Authority letter to whom to be signed on the application.

If Principal Employer is Government Establishment * Work Order.

1158 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017

1 2

3

5

8. Application for Renewal of Fifteen working days * Original Contract Labour Licence for Contractors to employ Labour under the Contract Labour (Regulation & Abolition) Act, 1970 and Rule thereunder.

Licence.

9. Application for Renewal of Fifteen working days * Original Migrant Labour Licence for Contractors to employ Migrant Labour under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and Rule thereunder.

Licence.

All the documents to be furnished should be certified by the competent authority.

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

Georgina Saldanha, Under Secretary (Labour).

Porvorim, 7th March, 2017.

________

Notification

No. 28/1/2016-LAB/Part-V/135

The following award passed by the Labour Court-II at Panaji-Goa on 13-12-2016 in reference No. IT/02/2009 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, 16th March, 2017. _________

IN THE LABOUR COURT-II GOVERNMENT OF GOA

AT PANAJI

Workman/Party-I remained absent.

Employer/Party-II represented by Adv. Shri P. Chawdikar.

Panaji, dated: 13-12-2016

AWARD

1. In exercise of the powers conferred by Clause (d) of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), the Government of Goa, by Order dated 17-12-2008, bearing No. 28/9/2007-LAB/1741, referred the following dispute for adjudication to the Industrial Tribunal of Goa. Subsequently, the Government of Goa transferred the present reference for its adjudication from the Industrial-Tribunal-cum- -Labour Court, Panaji-Goa to this Labour Court-II, vide its order No. 28/02/2011-Lab/86 dated 09-02-2016.

(Before Shri Suresh N. Narulkar, Hon'ble

Presiding Officer)

Case No. Ref. IT/02/2009

Shri Vishwanath Harmalkar, Rep. by the President, Goa Trade & Commercial Workers Union, Velho Building, 2nd Floor, Panaji-Goa. … Workman/Party-I

V/s

M/s. Crompton Greaves Ltd., Machine-4 Division, Kundaim Industrial Estate, Kundaim-Goa. … Employer/Party-II "(1) Whether the action of the management of M/s. Crompton Greaves Limited, Machine-4 Division 196-197-198, Kundaim Industrial Estate, Kundaim-Goa in refusing employment to Shri Vishwanath Harmalkar, Operator with effect from 01-05-2005, is legal and justified?

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

2. On receipt of the reference, a case was registered under No. IT/02/09 and registered A/D notice was issued to the Parties. In pursuance to the said notice, the Parties put in their appearance. The Workman/Party-I (for short 'Workman'), filed1159 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017 his Statement of Claim on 13-10-2009 at Exb-4. The facts of the case in brief as pleaded by the Workman are that he was employed with the Employer/Party II (for short, 'Employer') as 'Operator' w.e.f. 15-09-1995. He stated that he was the elected representative of the Crompton Greaves Workers Managing Committee. He stated that he was espousing the cause of this workmen before the management as well as other statutory authorities. He stated that the management always pressurized, forced and coerced him not to take up the cause of his fellow workmen. He stated that sometimes he was threatened that his services would be dispensed and terminated. He stated that however, he continued with his legitimate trade union activities.

3. He stated that on 28-03-2005, he tendered his resignation under force, duress and coercion from the management. He stated that on 28-03-2005, the management itself issued a letter of acceptance of resignation tendered by him. He stated that the Employer informed him that his resignation has been accepted and that he would be relieved from the service of the Employer from 30-04-2005. He stated that on 28-03-2005, neither he was relieved from service, nor his legal dues were paid and as such he was in continues employment.

4. He stated that after a gap of two days, he realized that the management has made him a victim. He stated that he never voluntarily wanted to submit his resignation of his own accord and free will. He stated that he therefore gave a letter on 31-03-2005 to the Employer informing that he is withdrawing his resignation letter with immediate effect and that he be allowed to continue to work with the Employer, treating his resignation letter as withdrawn and non-est. He stated that pursuant to his aforesaid letter, he was allowed to continue to work till 30-04-2005. He stated that 01-05-2005 was a public holiday. He stated that on 02-05-2005, when he went to resume for his duties, the security officer of the Employer did not allow him to report for work, in spite of his withdrawal of his letter of resignation dated 31-03-2005. He stated that he therefore wrote another letter dated 02-05-2005, requesting the Employer to allow him to resume for his duties and to continue in employment. He stated that however, the Employer did not allow him to continue in employment and also to resume for his duties. The Workman submitted that he was compelled to accept dues, much after his withdrawal of letter of his resignation under force, threat, duress and coercion. He submitted that being aggrieved with the attitude of the Employer, he raised an industrial dispute before the office of Labour Commissioner, which ended in failure.

5. He submitted that as his letter of resignation is not voluntary, the action of the Employer in refusing him employment w.e.f. 01-05-2005, is illegal, unjust and bad-in-law. He submitted that the Vinculum Juris continued and the relationship of employer and employee did not come to an end on 28-03-2005. He submitted that he is unemployed and does not have any source of income to maintain himself and his family. The Workman therefore prayed that the action of the Employer in refusing him employment with effect from 01-05-2005, be held as illegal, unjust and bad-in-law and he be reinstated back in service with full back wages and continuity in service.

6. The Employer resisted the claim of the Workman by filing its written statement on 19-10-2010 at Exb. 5. The Employer, as and by way of preliminary submissions, submitted that the statement of claim filed by the Workman is bad-in-law and is not at all tenable in terms of law in force or in equity as the Workman under reference had voluntarily resigned from its services on 28-03-2005. The Employer submitted that the said letter of resignation was written by the Workman himself, in his own handwriting and it was also signed by him. The Employer submitted that the said letter of resignation of the Workman was absolutely voluntary and genuine in all aspects. The Employer submitted that the Workman, in his own letter of resignation notified to them to relieve him from their services w.e.f. 01-05-2005 and accordingly, they agreed to relieve him on 30-04-2005, which was accepted by him. The Employer submitted that the aforesaid notice was/is strictly in accordance with the terms of his employment and as such the severance of his relationship was therefore absolutely lawful and it cannot be revoked now. The Employer submitted that the said notice was communicated to the Workman, by its letter dated 01-09-1997 and again on 01-03-1998. The Employer submitted that its letter dated 01-09-1997 was duly accepted and acknowledged by the Workman in a bonafide manner. The Employer submitted that the Workman chose to resign for better future prospects as per his letter of resignation.

7. The Employer submitted that upon receiving his letter of resignation, they chose to speak to the Workman and to discuss with him the problems, if any faced by him and the reason for leaving their services. The Employer submitted that the Workman replied that he simply wanted to be relieved as he wanted to grow faster and better elsewhere. The Employer submitted that the Workman wanted to have a bright future outside1160 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017 their services. The Employer submitted that thereafter they accepted the resignation of the Workman in a bonafide manner and that there were/are no malafides in acceptance of the said resignation. The Employer submitted that the said resignation of the Workman was duly accepted by them and the acceptance was duly communicated to him. The Employer submitted that the Workman acknowledged the acceptance of his resignation. The Employer therefore submitted that the Workman could not have been rescinded/cancelled on a later date. The Employer submitted that from the aforesaid it is clear that the contract of employment of the Workman had ceased to be in force and as such there was/is no way that the Workman could have resumed his services. The Employer submitted that the acceptance of resignation of the Workman was lawful and as such he cannot claim as a matter of right to be re-employed. The Employer therefore submitted that there is no merits in the claim of the Workman.

8. The Employer submitted that the Workman is not entitled to withdraw his resignation, after it was duly accepted by them. The Employer submitted that it is well settled that once the resignation is accepted, the jural relationship between the Workman and the Employer comes to an end and the Workman could not have asked for withdrawal of his resignation nor reinstatement of his post. The Employer submitted that the Workman had acted in furtherance of his resignation by applying for his terminal dues and later, by accepting them without any protest. The Employer submitted that the Workman cannot be allowed to blow hot and cold at the same time. The Employer submitted that having asked for resignation, they allowed him to resign and now he cannot claim to come back. The Employer therefore, submitted that it is just, proper and necessary that the claim of the Workman be dismissed in the interest of justice. The Employer denied the overall case as pleaded by the Workman in his statement of claim and prayed for dismissal of the present reference.

9. Thereafter, the Workman filed his rejoinder on 13-10-2009 at Exb. 6. The Workman, by way of his Re-joinder, confirms and reiterates all the submissions and averments made by him in his claim statement to be true and correct and denies all the statements and averments made by the

Employer in the Written Statement, which are contrary to the statements and averments made by him.

10 Based on the pleadings filed by the respective Parties in the present proceedings, the Hon'ble Industrial Tribunal cum Labour Court framed the following issues on 18-07-2011 at Exhibit-11.

1. Whether the Party I proves that he had tendered his resignation on 20-03-2005, under force, duress and coercion from the management of the Party II?

2. Whether the Party I proves that pursuant to his letter dated 31-03-2005, the Party II had allowed him to continue to work till 30-04-2005?

3. Whether the Party I proves that he was refused employment w.e.f. 01-05-2005/ /02-05-2005?

4. Whether the Party I proves that the action of Party II in refusing employment to him w.e.f. 01-05-2005/02-05-2005 is illegal and unjustified?

5. Whether the Party I is entitled to any relief?

6. What Award?

11. My answers to the aforesaid issues are as

under:

(a) Issue No. 1 : In the Negative. (b) Issue No. 2 : In the Affirmative. (c) Issue No. 3 : In the Affirmative. (d) Issue No. 4 : In the Affirmative. (e) Issue Nos. 5 & 6 : As per final order.

The Workman remained absent. On the contrary, ld. Adv. Shri P. Chawdikar, appeared for the Employer and filed his synopsis of written arguments. Ld. Adv. Shri P. Chawdikar also argued orally.

12. Ld. Adv. Shri P. Chawdikar, representing the Employer, during the course of oral arguments submitted that undisputedly, the Workman was employed with the Employer. He submitted that the Workman had voluntarily submitted his resignation on 28-03-2005. He submitted that the said resignation of the Workman was accepted on the same day i.e. on 28-03-2005. He submitted that after a gap of three days from the date of accepting his resignation, the Workman submitted a letter of withdrawal of his resignation dated 28-03-2005, by alleging that it was obtained under force, duress and coercion. He submitted that the Workman has however, failed to adduce any evidence either oral or documentary in support of his case. He submitted that on the contrary, the Employer has examined its Sr. Manager-Stores, Mr. Vishwanath G. Prabhu and produced on record oral as well as1161 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017 documentary evidence. He submitted that the said oral as well as documentary evidence adduced by the Employer on record clearly proves that the Workman had tendered his resignation voluntarily on 28-03-2005 and the same was accepted on the same day. He therefore submitted that once the resignation is accepted, the jural relationship of the employer-employee comes to an end and the employee has no right to withdraw his resignation thereafter. In support of his aforesaid contention, he relied upon the following decisions of Hon'ble Apex Court.

(a) In the case of Raj Kumar v/s. Union of India, reported in AIR 1969 SC 180.

(b) In the case of P. Kasilingam v/s. P.S.G. College of Technology reported in 1988 (LAB. I.C. 189).

(c) In the case of M/s. J.K. Cottons Spg. And Wvg. Mills Co. Ltd., Kanpur v/s. State of U.P. and Ors., reported in AIR 1990 SC 1808.

(d) In the case of Gujrat Leather Industries Ltd. v/s. Abdul Sattar Gulam Rasul Shaikh, reported in 2001 (3) LLJ 11.

(e) In the case of North Zone Cultural Centre and Anr. v/s. Vedpathi Dinesh Kumar, reported in 2003 (3) LLN 30.

(f) In the case of Chand Mal Chayal v/s. State of Rajasthan, reported in 2006 (111) FLR 573.

(g) In the case of Modern School v/s. Shashi Pal Sharma reported in 2007(8) SCC 540.

(h) In the case of Union of India and Ors. v/s. Hitendra Kumar Soni, reported in 2014 LAB. I.C. 3835.

13. He also relied upon the following judgments of Hon'ble High Courts.

(e) In the case of Smt. S.N. Dharitri Burman v/s. The Gauhati High Court and Anr., reported in 2014 LAB. I.C. 4141 of Hon'ble High Court of Gauhari and.

(f) In the case of Kashi Nath Sah v/s. The Nalanda Gramin Bank & Ors. in writ petition no.10116 of 1998 of Hon'ble High of Patna, vide its judgment dated 25-06-2015.

I have carefully perused the entire records of the present case which includes the synopsis of written arguments filed by Ld. Adv. Shri P. Chawdikar, appearing for the Employer. I have also carefully considered the various submissions, oral as well as written advanced by Ld. Adv. Shri P. Chawdikar and I am of the considered opinion as under:

14. Issue No. 1:

In the case of V.N.S. Engineering Services v/s.

Industrial Tribunal of Goa, Daman and Diu and

Anr., reported in 1987 II LLN 968, the Hon'ble High

Court of Bombay has held that "there is nothing in

the Industrial Disputes Act, 1947 that indicates a

departure from the general rule that he who

approaches a court for relief should prove his case

i.e. the obligation to lead evidence to establish an

allegation, the test being that he who does not lead

evidence, must fail. The Hon'ble High Court of

Bombay further held that the provisions of Rule-10-

B of the I.D.( Central Rules), 1957 which requires the

party raising a dispute to file a statement of

demands relating only to the issue in the order of

reference for adjudication within 15 days from the

receipt of the order of reference and forward copies

to the opposite party involved, clearly indicates that

the party who raises the industrial disputes is bound

to prove the contention raised by him and an

Industrial Tribunal or Labour Court would be erring

in placing the burden of proof on the other party to

the dispute".

(a) In the case of M. Ramkrishna v/s The Management of Bharat Electronics Ltd. and Ors., reported in 1995 Lab. I.C. 2090 of Hon'ble High Court of Karnataka.

(b) In the case of S. Kesireddy v/s. Managing Director, A.P. State Ware-housing Corp. Hyderabad, reported in 1999 ALD 100 of Hon'ble High Court of Andhra Pradesh.

(c) In the case of Chairman, Vishakhapatnam Por t Trust and Ors. v/s. Ch. V.V. Satyanarayana and Anr., reported in 2003 (96) FLR 337 of Hon'ble High Court of Andhra Pradesh.

(d) In the case of N. Dinakara Shetty v/s. Union of India and Ors., reported in 2005 (2) Goa L. R. 358 of Hon'ble High Court of Bombay.

15. In the case of V. K. Raj Industries v/s Labour

Court (I) and Ors. reported in 1981 (29) FLR, 194,

the Allahabad High Court has held that "the

proceedings before the Industrial Tribunal are

judicial in nature, even though the Indian Evidence

Act, is not applicable to the proceeding before the

Industrial Court, but the principle underlying the

said Act are applicable." The High Court further

held that "it is well settled that if a party challenges

the validity of an order and if no evidence is

produced, the party invoking the jurisdiction must

fail. The High Court has also held that if the

Workman fails to appear or to file written statement

or produce evidence, the dispute referred by the

Government cannot be answered in favour of the

Workman and he will not be entitled any relief".

1162 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017

16. The principle laid down by the Hon'ble High Court in its respective case is still holds good. Applying the law laid down by the Hon'ble High Court, in the instant case, the order of reference has been issued by the Government of Goa at the instance of the workman, who has raised the present dispute pertaining to his alleged refusal of employment w.e.f. 01-05-2005 by the Employer by contending to be illegal and unjustified. The Workman contended that he had tendered his resignation on 28-03-2005 under force, duress and coercion from the management. The Employer denied the same and submitted that the Workman had tendered his resignation on 28-03-2005 voluntarily in his own handwriting. The Hon'ble Industrial Tribunal cum Labour Court therefore cast the burden to prove the issue No. 1 on the Workman.

19. Issue No. 2:

While deciding the issue No. 1 herein above, I have come to the conclusion and held that the Workman had tendered his resignation voluntarily on 28-03-2005. The evidence on record indicates that the said letter of resignation of the Workman was accepted by the Employer on the same day and as per the said letter of resignation of the Workman, the Employer had agreed to relieve him from service on 30-04-2005. The evidence on record further indicates that the Workman has been relieved from the services of the Employer Company on 30-04-2005. The evidence on record indicates that the Workman has been paid his legal dues, which includes his P.F., gratuity etc. till 30-04-2005. Even otherwise, it is not the case of the Employer that the Workman stopped attending duties after his voluntary resignation and/or that he was not allowed to report for his duty immediately from the date of his resignation. The said evidence on record clearly indicates that the Workman had worked with the Employer till 30-04-2005. It is therefore held that the Workman proved that the Employer allowed him to continue to work till 30-04-2005. The issue No. 2 is therefore answered in the affirmative.

20. Issue Nos. 3 and 4:

17. To prove his case, the Workman filed his affidavit in evidence. The Workman also produced on record certain documents in support of his oral evidence. He was partly cross-examined by the Ld. Adv. Shri P. Chawdikar, appearing for the Employer. However, the roznama proceedings maintained by this court indicates that neither the Workman remained present for his further cross-examination nor any other representative remained present on his behalf, on and from 19-04-2016. This court therefore, pleased to close the evidence of the Workman, vide order dated 2-08-2016, after giving ample opportunities to him. The said evidence adduced by the Workman on record cannot be read in evidence, unless and until, he is subjected to cross-examination by the other side. Consequently, there is no evidence on record to prove the issue No. 1 burdened on the Workman.

18. On the contrary, the Employer examined its

Sr. Manager, Stores, Shri Vishwanath G. Prabhu. The Employer also produced on record certain documentary evidence in support of their oral evidence. The said oral as well as documentary evidence adduced by the Employer remained unchallenged for want of denial. The said oral as

well as documentary evidence adduced by the Employer on record clearly proves that the Workman under reference has voluntarily resigned from the service of the Employer, by submitting his resignation letter dated 28-03-2005. Hence, it is held that the Workman failed to prove that he had

tendered his resignation on 28-03-2005 under force, duress and coercion from the management of the Employer. The issue No. 1 is therefore answered in the negative.

I am deciding the issue nos. 3 and 4 together simultaneously as both the issues are co-related to each other.

The Workman, in para 9 of his claim statement, filed in the present proceedings, pleaded that 01-05-2005 was a public holiday and as such on 02-05-2005, when he went to resume for his work with the Employer, the Security Officer of the Employer did not allow him to enter and report for work. The Workman further pleaded that he requested the management to allow him to report for work, however, he was not allowed to resume for his work. The Employer, however, did not make any comments in its written statement filed in the present proceedings on the aforesaid pleadings of the Workman. Thus, impliedly admitted the allegations made by the Workman, in para 9 of his claim statement. Further, the Employer, in para 8 of its written statement filed in the present proceedings pleaded that the resignation of the Workman and his severance from its employment had become effective at the close of the working hours of 30-04-2005. The Employer admitted that 1st May, 2005 was a public holiday on account of Labour Day celebration. The Employer pleaded that with the resignation of the Workman and cessation of his employment, it was not possible for them to1163 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017 allow him to report for work on 02nd May, 2005. The said pleadings on record clearly indicates that the Workman has been refused employment w.e.f. 02-05-2005. The issue No. 3 is therefore answered in the affirmative.

21. Ld. Adv. Shri P. Chawdikar representing the Employer submitted that once the resignation is accepted, the jural relationship between the employer-employee comes to an end and the employee has no right to withdraw resignation thereafter and relied upon the judgments of the Hon'ble Supreme Court of India in the following cases.

"5…….. But when a public servant has invited

by his letter of resignation determination of his

employment, his services normally stand terminated

from the date on which the letter of resignation is

accepted by the appropriate authority and, in the

absence of any law or rule governing the conditions

of his service, to the contrary, it will not be open to

the public servant to withdraw his resignation after

it is accepted by the appropriate authority. Undue

delay, intimating to the public servant concerned

the action taken on the letter of resignation, may

justify an inference that the resignation has not

been accepted. The Hon'ble Apex Court in para 16

of its judgment further observed that "16. Therefore

it is clear that non-communication of the acceptance

does not make the resignation in-operative provided

there is, infact, an acceptance before the

withdrawal."

22. In the case of Raj Kumar, (supra), before the Hon'ble Apex Court, the Appellant belonged to the Indian Administrative Service and posted as Collector and District Magistrate, Kota in August, 1964. On 21-08-1964, he submitted a letter to the Chief Minister, Rajasthan requesting to accept his resignation from service. He also addressed a letter dated 30-08-1964 to the Chief Secretary, to the Government of Rajasthan submitting his resignation from the Indian Administrative Service for early acceptance and requested to forward the same to the Government of India with its remark. On 31-10-1964, the Government of India accepted the resignation of the Appellant and requested the Chief Secretary to the Government of Rajasthan to intimate the date on which the Appellant was relieved of his duties so that a formal notification could be issued in that behalf. The Appellant changed his mind and by his letter dated 27-11-1964 requested the Chief Secretary to the Government of Rajasthan to recommend acceptance of the withdrawal of his resignation from the Indian Administrative Service. He also

addressed a separate letter to the Secretary, Government of India, Ministry of Home Affairs, intimating that he was withdrawing his resignation from the Indian Administrative Service. On 29-03-1965, an order accepting the resignation of the Appellant from the Indian Administrative

Service was issued and the Appellant was directed to hand over the charge to the Addl. Collector, Kota. The Hon'ble High Court, while rejecting the writ petition held that the resignation became effective on the date on which it was accepted by the Government of India, and subsequent 23. In the case of P. Kasilingam (supra), the Hon'ble Apex Court has held that "it may be conceded that it is open to a servant to make his resignation operative from a future date and to withdraw such resignation before its acceptance. The principle that the services of a Government servant normally stand terminated from the date on which the letter of resignation is accepted by the Appropriate Authority, unless there is any law or statutory rule governing the conditions of service to the contrary, can apply to the case of any other employee."

24. In the case of M/s. J.K. Cottons Spg. And Wvg. Mills Co. Ltd., Kanpur (supra), the Hon'ble Apex Court in Para 4 of its judgment observed as under:

"4. Therefore, one of the ways of terminating

the contract of employment is resignation. If

an employee makes his intention to resign his

job known to the employer and the later

accepts the resignation, the contract of

employment comes to an end and with it stands

severed the employer-employee relationship.

Under the common law the resignation is not

complete until it is accepted by the proper

authority and before such acceptance an

employee can change his mind and withdraw

the resignation. But, once the resignation is

accepted, the contract comes to an end and

the relationship of master and servant stands

snapped."

withdrawal of the resignation was ineffective, even if the acceptance of the resignation was not intimated to the Appellant. The Hon'ble Apex Court while dismissing the appeal filed by the Appellant in para 5 of its judgment observed as under:

25. In the case of Gujrat Leather Industries Ltd. (supra), before the Hon'ble Apex Court, the Respondent was a permanent worker designated as Helper in dyes section of the Petitioner Company. He was dismissed from service on 15-01-1985 in1164 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017 view of his written and signed resignation tendered to the manager of the Petitioner Company. The Respondent however, took a stand that he was dismissed illegally w.e.f. 01-01-1985 without conducting any domestic enquiry and without giving him an opportunity of hearing. The Respondent further contended that neither one months' notice was given nor salary in lieu of one months' notice was paid to him. The Labour Court, vide its award repelled the stand of the Petitioner and found that termination of service of the Respondent was illegal. The Hon'ble Apex Court, while quashing aside the award of the Labour Court, in para 6 of its judgment observed as under:

communication of accepting his resignation. Since after the service of acceptance letter, the Appellant was not permitted to continue to work in the concerned post, he filed a writ petition before the Single Judge of Hon'ble High Court of Punjab and Haryana. The Hon'ble High Court, while allowing the writ petition filed by the Appellant, gave two reasons for holding that the resignation had not become effective (i) The acceptance was not communicated till the withdrawal and (ii) Respondent was permitted to attend duty even after the acceptance of resignation. An appeal filed by the Appellant before the Appellate Bench came to be dismissed. The Appellant therefore filed the present appeal before the Hon'ble Apex Court. The Hon'ble Apex Court, while allowing the appeal, in para 23 of its judgment observed as under:

"23. As noticed above, in the present case the

resignation is dated 18-11-1988 and the same

as found by us is accepted on 18-11-1988 itself.

The communication was on 1-12-1988 about

13 days thereafter which delay, in our opinion,

is not an undue delay so as to make us draw

an inference that there has been no acceptance

of the resignation. Even the fact that in the

meantime the respondent either attended duty

or signed the attendant register will be of no

assistance to claim his resignation had not

taken effect. Even otherwise the appellants

have urged that because there was no

responsible officer in the headquarter from

18-12-1988 after respondent's resignation was

accepted till 1-12-1988 and the respondent took

advantage of the same and marked his

attendance and such attendance cannot be

treated as lawful attendance in view of the

acceptance of his resignation on 18-11-1988.

We agree with this contention of the appellant.

27. In the case of 'Chand Mal Chayal (supra), the Hon'ble Supreme Court in para 3 of its judgment has held as under:

"6. The sentence I am unable to work in your

Company, and therefore, I am willingly

tendering my resignation, makes it clear and

speaks loudly that the resignation was

voluntary and not involuntarily obtained under

threat or coercion. The Labour Court, on mere

presumption, observed that since the Employer

did not wait for a period of one month and

relieved the respondent on the same day i.e. on

15-01-1985, it was suspicious circumstance

rendering the termination order invalid.

Needless to say that sea of suspicion has no

shore. There was no occasion for the Labour

Court to draw such suspicion. It was for the

employee, namely, the respondent to establish

that the resignation letter was got written in

a closed room by the Manager in presence of

one employee. There is no evidence on this

point except a belated stand taken by the

employee, namely, the respondent in the

witness-box after a period of six years on

28-8-1991. Even in his statement of claim it

was not asserted that the resignation was

tendered under compulsion or threat. The only

thing contained in the statement of claim

Annexure-A is that the petitioner was

dismissed on 01-01-1985 in an unjustified and

unlawful manner."

"…...3. By now it is well settled principle of law

that an incumbent is entitled to withdraw his

resignation before the acceptance. Once his

resignation is accepted, there is no jural

relationship between the employee and the

employer and the employee cannot claim

for withdrawal of the resignation nor

reinstatement in the post…."

28. In the case of Modern School (supra), the Hon'ble Supreme Court of India in para 17 of its judgment has held as under:

"17. Once the resignation of the First

Respondent had validly been accepted, the

question which would arise for consideration

26. In the case of North Zone Cultural Centre (supra), before the Hon'ble Supreme Court, the Respondent was working as temporary Accountant in the organization of the Appellant. The Respondent tendered his resignation on 18-11-1988 alleging that he tenders his resignation w.e.f. 18-11-1988. The said resignation of the Appellant was accepted by the Director of the Appellant on the very same day. The Respondent withdrew his resignation on 21-11-1988 by sending a telegram alleging that the resignation was obtained by pressure. The Respondent however, continued to attend his duties till he received the1165 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017

lexicom (second Edition 1997 by P. Ramanatha Aiyar)

is – "to free or clear a person from an obligation".

This result manifests itself from the order accepting

the resignation by the Government that the

respondent has to continue in service till any

particular time or till being relieved. Hence, in the

instant case, there was no obligation on the

Government to write a formal letter that the

Respondent has been relieved. Even if such

requirement had been there, in the case in hand it

would be an empty formality."

is as to whether the same could be done before

17-06-1997. It is not a case where acceptance

of the resignation was made effective from a

future date. Resignation of the First Respondent

having been accepted, only he was to be

relieved from 17-06-1997. We have noticed

hereinbefore the purport of Section 114A of

the Act, in terms whereof resignation was to

be accepted within a period of 30 days. In

view of the aforementioned statutory provision,

in our opinion, only because the First

Respondent was to be relieved with effect from

17-06-1997 the same would not mean that even

thereafter it was open to the First Respondent

to withdraw his resignation."

30. In the case of M. Ramkrishna (supra), before the Hon'ble High Court of Karnataka, the Petitioner, who was working as an 'A' grade mechanic with the first Respondent, submitted his letter of resignation on 18-03-1982. The petitioner changed his mind and sought to withdraw his resignation by his letter dated 20-03-1982. In the meantime, the competent authority had accepted the resignation letter of the Petitioner on 19-03-1982 after weaving the notice period and directed that the employee may be relieved. Aggrieved by the Employers action in not allowing him re-join his duties, the Petitioner raised an industrial dispute. The State Government referred the said dispute for its adjudication to the Labour Court. The Labour Court rejected the reference by its award dated 23-09-1986. The Petitioner therefore, filed the writ petition. The Hon'ble High Court, while dismissing the writ petition, held as under:

29. In the case of Union of India and Ors. (supra),

before the Hon'ble Apex Court, the Respondent

submitted his resignation, by his letter dated

07-10-1997. The said resignation was accepted

by the competent authority by its order dated

16-06-1998. The Hon'ble High Court held that

"the resignation could not have come into effect

because as per clause (4) of office memorandum dated

11-02-1988 issued by the Government of India,

Ministry of Personnel, Public Grievances and

Pensions, the Respondent was also required to be

relieved of his duties, which was not done by the

Appellant. The Hon'ble Apex Court in para 10 of his

judgement observed that "the normal rule, however,

remains that Government has the power to accept

a resignation with immediate effect. In case the

Government for some reasons wishes to defer or

specify the date from which resignation would

become effective, it is entitled to take work from the

concerned Government servant till he is relieved in

accordance with the facts and requirement of the

case. The letter of Government accepting an offer of

resignation itself shows normally be conclusive for

deciding whether the Government has obtained for

immediate termination of service by accepting the

resignation or has deferred such termination to a

future date. Only in the latter eventuality the

relationship of master and servant shall continue till

the concerned Government servant is relieved of his

duties. In the instant case, the letter of acceptance

clearly shows that termination of Respondent's

service as per his offer of resignation was not deferred

to any future date and hence, there was no

requirement to relieve him of his duties. The Hon'ble

Apex Court while allowing the appeal further

observed that "the word 'relieving' itself must be

understood in the ordinary parlance because it is

not defined in the O.M. or in the relevant rules as is

apparent from the judgment of the High Court. The

meaning of the word 'relieved' given in the law

"15. The proposition that a resignation meant

to be effective from a future date can be

withdrawn by the person submitting the same

before it has become effective, cannot be

disputed. The question however is whether

the resignation in the instant case was meant

to be effective from a future date or was to

bring to an end the relationship of employer

and employee in present. A plain reading of

the letter of resignation submitted by the

petitioner leaves no manner of doubt that the

resignation was not meant to be effective from

a future date as was the position in the cases

relied upon by the learned Counsel. It therefore

become effective the moment the same was

accepted by the Competent Authority. This

acceptance it has been held by the Labour

Court was recorded by the Authority

concerned on the 19th March, 1982 i.e. before

the date the petitioner purported to withdraw

the same. In other words, as on the date, the

resignation was purported to have been

withdrawn the same had already been accepted

thereby putting an end to the employment of

the petitioner under the Respondent-

-management."

1166 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017

31. In the case of S. Kesireddy (supra), the Hon'ble High Court of Andhra Pradesh in para 16 of its judgment has held as under:

33. In the case of N. Dinakara Shetty (supra), the Division Bench of Hon'ble High Court of Bombay at Goa Bench held that "the Petitioner's offer was accepted and it brought about a valid and binding contract between the Petitioner and the Bank. It is only at the option of the Bank that the Bank chose to relieve him at a future date, but that in itself would not give a right to the Petitioner to withdraw the offer after a concluded contract of termination of service came about between the Petitioner and the Bank."

34. In the case of Smt. S.N. Dharitri Burman (supra), before the Hon'ble High Court of Gauhati, the Petitioner was working as Addl. CJM, Goalpara. She submitted her resignation from service on 03-10-2012 without mentioning any prospective date. Her letter was forwarded to the High Court on 05-10-2012. On 06-10-2012, she was telephonically informed that her resignation was accepted by the High Court. On 08-10-2012, at about 3.00 p.m., she met the Registrar General of the High Court and submitted a letter of withdrawal of her resignation, but, she was asked by the Registrar General to proceed to Goalpara and handover charge and accordingly she handed over charge of her office on 08-10-2012 at 11.00 p.m. The Hon'ble High Court, after relying upon a judgment of Hon'ble Apex Court in the case of Raj Kumar v/s. Union of India (AIR 1969 SC 180) in para 20 of its judgment observed as under:

"16…….In this case, the petitioner could have

issued notice expressing his intention to resign

at the expiry of the period of notice in terms of

Regulation 11. He could have also submitted

his resignation expressing his intention to be

relieved with effect from a date chosen by him.

In the first eventuality his resignation could

have been accepted only after the three months'

period of notice as provided under Regulation

11 and the same would have resulted in

cessation of employer and employee

relationship between the parties with effect

from the date of acceptance of the resignation.

In the second scenario his resignation could

have been accepted by the respondent-

Corporation only with effect from future date

chosen by the petitioner. But the letter of

resignation sent by the petitioner in the

instant case suggests as if he wanted his

resignation to be accepted by the respondent-

Corporation instantaneously. In fact within

one week the petitioner reiterated his request

to accept his resignation and sent substitute

to take charge from him at the place of his

work. Neither the resignation letter dated

26-09-1990 nor the subsequent letter dated

04-10-1990 suggest any future date from which

his resignation would come into effect nor the

said letters would suggest as if the petitioner

intended to give notice of three months' in

terms of Regulation II. Under those

circumstances, the decision of the respondent-

Corporation to accept the resignation of the

petitioner by condoning the advance notice

period does not suffer from any infirmity."

32. In the case of Chairman, Vishakhapatnam Port Trust and Ors. (supra), the Hon'ble High Court of Andhra Pradesh in para 21 of its judgment observed as under:

"20. In view of the above decisions, there is no

difficulty in concluding that the resignation

letter, issued by an employee, expressing his or

her desire to resign from the job, without

mentioning any prospective date of

resignation, will come into effect immediately

on acceptance of the same by the appropriate

authority. However, if any prospective date of

resignation is mentioned, the resignation shall

be effective from such future date only. In

absence of any prospective date, the

resignation letter cannot be allowed to be

withdrawn, once the same is accepted by the

authority. Whereas, in respect of cases where

future date of coming into effect of the

resignation is mentioned, than the employee is

entitled to withdraw the same before the

prospective date."

"21…… The moment an order is passed

accepting their request for VRS under the

Scheme, mere signing in the attendance

register is of no consequence. It may be that

order passed on 5th June, 2001 accepting the

request of the Petitioners for voluntary

retirement was not communicated to the time

keeper immediately and therefore the

Petitioners might have been allowed to sign

the registers as usual. In our considered

opinion, that will not vitiate the order of

acceptance passed by the Appellants on 5th

June, 2001…."

35. In the case of Kashi Nath Sah (supra), before the Hon'ble High Court of Patna, the Petitioner was an employee of the Employer Bank. Regulation 10 (1) of the bank states that it prohibits an officer or employee of the bank to leave or to discontinue his service in the bank without first giving three1167 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017 months' notice in writing to the Chairman of the bank of his intention to leave or discontinue the service. The Petitioner did not give to the bank any notice of leaving the bank in terms of aforesaid regulations, nor does his letter of resignation intended to discontinue the service in the bank, after expiry of the said period prescribed under regulation. The Hon'ble High Court held that "……in my opinion, thus, without giving notice of three months', by his conduct expressed his intention to resign with immediate effect, in breach of the provisions of Regulation 10 (1) (a) r/w Regulation 10 (1) (b) of the Regulations. He, thus, became liable to pay to the bank as compensation a sum equal to his emoluments for the period of notice required of him in terms of Regulation 10 (1) (c) of the Regulations."

The facts of the aforesaid cases are clearly distinguishable than the case in hand. In most of the cases, the resignation was unconditional and in praesanti, unlike in the case in hand, the resignation was conditional to be operative from a future date. Hence, the principle laid down by the Hon'ble Apex Court as well as Hon'ble High Courts in all the aforesaid cases are not applicable to the case in hand.

36. On the contrary, in the case of Dr. Prabha Atri v/s. State of U.P. & Ors., reported in 2003 I CLR 221, the Hon'ble Apex Court after relying upon its earlier judgment in the case of Moti Ram v/s. Parma Devi & Anr., reported in 1993 2 SCC 725, held as under:-

to be operative from a future date and in that event it would take effect from the date indicated therein and not from the date of communication. In cases where the act of relinquishment is of a bilateral character, the communication of the intention to relinquish, by itself, would not be sufficient to result in relinquishment of the office and some action is required to be taken on such communication of the intension to relinquish, e.g. acceptance of the said request to relinquish the office, and in such a case the relinquishment does not become effective or operative till such action is taken. As to whether the act of relinquishment of an office is unilateral or bilateral in character would depend upon the nature of the office and the conditions governing it".

"As pointed out by the Court, 'resignation' means

the spontaneous relinquishment of one's own right

and in relation to an office, it connotes the act of

giving up or relinquishing the office. It has been

held that in the general juristic sense, in order to

constitute a complete and operative resignation there

must be the intension to give up or relinquish the

office and the concomitant act of its relinquishment.

It has also been observed that the act of

relinquishment may take different forms or assume

a unilateral or bilateral character, depending on the

nature of the office and the conditions governing it.

[see: Union of India v/s. Gopal Chandra Misra] if the

act of relinquishment is of unilateral character, it

comes into effect when such act indicating the

intension to relinquish the office is communicated

to the competent authority. The authority to whom

the act of relinquishment is communicated is not

required to take any action and the relinquishment

takes effect from the date of such communication

where the resignation is intended to operate in

praesenti. A resignation may also be prospective

37. The principle laid down by the Hon'ble Apex Court is well settled and is also applicable to the case in hand. In the instant case, undisputedly, the Workman tendered his resignation voluntarily on 28-03-2005 thereby informing the Employer that he is resigning from the post from 1st May, 2005. The Employer accepted the said resignation of the Workman on the same day and informed him that his resignation has been accepted and he would be relieved from its services as per his wishes at the close of the working hours w.e.f. 30-04-2005. The evidence on record indicates that thereafter, the Workman withdrew his letter of resignation after three days from its acceptance by the Employer and worked with the Employer till 30-04-2005. The evidence on record indicates that 01-05-2005 was public holiday on account of Labour Day celebrations. The evidence on record further indicates that the Workman was refused employment by the management of the Employer, when he went to report for his duty on 02-05-2005 by alleging that he had resigned from its services. The said refusal of employment to the Workman amounts to illegal termination of services of the Workman as the resignation of the Workman was meant to be effective from a future date i.e. 30-04-2005. Thus, the employer-employee relationship between the Employer and the Workman did not cease till 30-04-2005 as the resignation letter was conditional and was meant to be effective from 30-04-2005. Therefore, the Workman had every right to withdraw the same at any time before it has become effective on 30-04-2005, which he did. Hence, it is held that the action of the Employer in refusing employment to the Workman w.e.f. 02-05-2005, is illegal and unjustified. The issue No. 4 is therefore answered in the affirmative.

1168 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017

38. Issue No. 5:

While deciding the issue No. 4 hereinabove, I have come to the conclusion and held that the action of the Employer in refusing employment to the Workman w.e.f. 02-05-2005 is illegal and unjustified.

39. In the case of Deepali Gundu Surwase v/s. Kranti Junior Adhyapak Mahavidyalaya (D. ED.) and Ors., reported in (2013) 10 SCC 324, the Hon'ble Apex Court has held that if the order of termination is void ab initio, the Workman is entitled to full back wages. The relevant para of the decision is extracted hereunder:

40. The principle laid down by the Hon'ble Apex Court is well recognized and is also applicable to the case in hand. In the case in hand, the Workman was in the employment of the Employer continuously w.e.f. 15-09-1995 till he was refused the employment illegally w.e.f. 02-05-2015. The Workman pleaded that he is unemployed and does not have any source of income to maintain himself and his family. The Employer denied the aforesaid pleadings of the Workman in its written statement filed in the present proceedings. The Employer has however, failed to bring on record any positive evidence that the Workman is gainfully employed during the intermitting period. Hence, the Workman is entitled for the reinstatement along with full back wages, continuity in service and consequential benefits thereof.

In view of the above, I proceed to pass the following order:

ORDER

1. It is held that the action of the management M/s. Crompton Greaves Ltd., Machine-4 Division, Kundaim Industrial Estate, Kundaim-Goa, in refusing employment to Shri Vishwanath Harmalkar, Operator with effect from 02-05-2005, is illegal and unjustified.

2. The management M/s. Crompton Greaves Ltd., Machine-4 Division, Kundaim Industrial Estate, Kundaim-Goa, is hereby directed to reinstate the Workman Shri Vishwanath Harmalkar, Operator, along with full back wages, continuity in service and all other consequential benefits thereof.

3. No order as to costs

Inform the Government accordingly.

Sd/- (Suresh N. Narulkar) Presiding Officer Labour Court-II

———(cid:139)(cid:139)(cid:139)———

Department of Law & Judiciary

Law (Establishment) Division __

Notification

No. 1/13/2014/LD(Estt.)/333

In exercise of the powers conferred by clause (1) of article 165 of the Constitution of India, the Governor of Goa is pleased to appoint Shri Dattaprasad Vithal Prabhu Lawande to be Advocate General for the State of Goa.

"22. The very idea of restoring an employee to

the position which he held before dismissal or

removal or termination of service implies that

the employee will be put in the same position

in which he would have been but for the illegal

action taken by the employer. The injury

suffered by a person, who is dismissed or

removed or is otherwise terminated from service

cannot easily be measured in terms of money.

With the passing of an order which has the

effect of severing the employer – employee

relationship, the latter's source of income gets

dried up. Not only the concerned employee,

but his entire family suffers grave adversities.

They are deprived of the source of sustenance.

The children are deprived of nutritious food

and all opportunities of education and

advancement in life. At times, the family has to

borrow from the relatives and other

acquaintance to avoid starvation. These

sufferings continue till the competent

adjudicatory forum decides on the legality of

the action taken by the employer. The

reinstatement of such an employee, which is

preceded by a finding of the competent

judicial /quasi-judicial body or court that the

action taken by the employer is ultra vires the

relevant statutory provisions or the principles

of natural justice, entitles the employee to claim

full back wages. If the employer wants to deny

back wages to the employee or contest his

entitlement to get consequential benefits, then

it is for him/her to specifically plead and prove

that during the intervening period the

employee was gainfully employed and was

getting the same emoluments. Denial of back

wages to an employee, who has suffered due

to an illegal act of the employer would amount

to indirectly punishing the concerned employee

and rewarding the employer by relieving him

of the obligation to pay back wages including

the emoluments."

1169 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017

This Notification shall come into force with

immediate effect.

By order and in the name of the Governor of

Goa.

Trupti B. Manerkar, Under Secretary (Estt-Law.).

Porvorim, 20th March, 2017.

———(cid:139)———

Shri Vijay M. Paranjape, Additional Secretary

(Protocol) shall hold additional charge of the post of Additional Secretary (Revenue), in addition to his own duties, until further orders.

The appointment of Kum. Naik shall be governed by the standard terms of deputation as contained in Office Memorandum No. 13/4/74-PER

dated 20-11-2013 and as amended.

Notifications by the High Court of

Judicature

Appellate Side, Bombay

No. A. 1201/G/2017/901

The High Court has been pleased to make the ranking of the following Judicial Officer in the order as shown herein below:

Sr. Name & present New posting No. posting

1. Ms. Vijaya D. Pol, District Judge-1 &

District Judge-2 & Additional Sessions Additional Sessions Judge, Mapusa, Panaji

Judge, Mapusa, Panaji vice Shri P. V. Sawaikar All the above officers shall complete the process of handing over/taking over within three days from the date of issue of order and submit compliance.

By order and in the name of the Governor of

Goa.

Shashank V. Thakur, Under Secretary (Personnel-II).

Porvorim, 15th March, 2017.

———(cid:139)(cid:139)(cid:139)———

Department of Public Health __

Order

retired.

High Court, Bombay. Sd/-

Dated: 8th March, 2017. Registrar General. ________

No. A. 1201/G/2017/902

Shri D. S. D'Costa, Principal District & Sessions Judge, Margao, shall stand retired from Goa State Judicial Service w.e.f. 08-04-2017 (A.O.H.) by superannuation on attaining the age of 60 years.

High Court, Bombay. Mangesh S. Patil,

Dated: 3rd March, 2017. Registrar General.

———(cid:139)(cid:139)(cid:139)———

No. 2/35/2003-II/PHD/292

Sanction of the Government is hereby accorded for grant of Extraordinary Leave (E.O.L.) for 02 years to Dr. Nadia Pinto, Lecturer, Department of PSM, Goa Medical College w.e.f. 15-04-2017 to 14-04-2019, to take up private Medical work and practice.

By order and in the name of the Governor of

Goa.

Anthony J. D'Souza, Joint Secretary (Health).

Porvorim, 17th March, 2017.

________

Order

Department of Personnel __

No. 4/1/2014-IV/PHD/Part-3/296

Order

No. 6/2/2002-PER(Part)/682

On the recommendations of Goa Services Board and with the approval of the Government, the following Senior Scale Officer of Goa Civil Service is transferred on deputation and posted with immediate effect, in public interest:

Sr. Name of the Officer Posted as

No. and Designation

1. Kum. Biju Naik, Joint Secretary Joint Secretary (Revenue) to Governor.

Whereas, the Government of Goa vide Order No. 4/1/2014-IV/PHD/Part 2 dated 01-09-2015 had

appointed Dr. Sinai Khandeparkar Purva Vijay as Public Health Dentist under Directorate of Health Services, Panaji-Goa with posting at Hospicio Hospital, Margao, Goa by invoking the clause 1 of the Agreement of Bond for Admission to Post Graduate course of Goa University in Goa Dental

College and Hospital, Bambolim, Goa.

And whereas, Dr. Sinai Khandeparkar Purva Vijay vide letter dated 18-11-2016 has made1170 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017 a request for termination of contract as on at Hospicio Hospital, Margao under Bond service w.e.f. 30th November, 2016.

30th November, 2016, which request has been

By order and in the name of the Governor of agreed and accepted by the Government.

Goa.

Now, therefore, Government is pleased to relieve Maria Seomara De Souza, Under Secretary

(Health).

Dr. Sinai Khandeparkar Purva Vijay from the post of

Public Health Dentist (under Bond contract service) Porvorim, 17th March, 2017.

———(cid:139)(cid:139)(cid:139)———

Department of Public Works

Office of the Chief Engineer

__

Order

No. 34/4/2017/PCE-PWD-ADM(II)/251

On the recommendation of the Departmental Promotion Committee as conveyed by the Goa Public Service Commission vide its letter No. COM/II/11/16(2)/2011/497 dated 11-01-2017, Government is pleased to promote the below mentioned Technical Assistants (Mechanical/Electrical) and Junior Engineers (Mechanical/Electrical) for promotion to the post of Assistant Engineers/Assistant Surveyor of Works/ /Engineering Assistants (Mechanical/Electrical) Group 'B', Gazetted in the pay band Rs. 9,300- -34,800+Grade Pay Rs. 4,600/- in Public Works Department on regular basis with immediate effect and post them in the same places shown against their names below:

,

Sr. Name & present designation of Place of posting on promotion No. the officer

1 2

3

1.   Shri Prashant G. Gaude (ST),         As Assistant Surveyor of Works in the Office of Superintending
     Technical  Assistant                 Surveyor  of  Works,  Altinho,  Panaji  in  the  existing  vacancy.
2.   Shri Sadashiv T. Kelkar,             As Assistant Engineer, Sub-Division III,
     Junior  Engineer                     Division III (PHE), Tonca-Caranzalem.
3.   Shri Anthony F. D. T. Fernandes,     As Assistant Surveyor of Works, Circle
     Junior  Engineer                     Office VII(M/E), Altinho, Panaji.
4.   Shri Vinayak V. Malvankar,           As Assistant Engineer, Sub-Division I,
     Junior  Engineer                     Division XXIV(PHE), Bicholim.
5.   Shri R. S. Naik,                     As Assistant Engineer, Sub-Division III,
     Junior  Engineer                     Division XVII(PHE), Assonora.
6.   Shri Salim Nazir,                    As Assistant Engineer, Sub-Division II,
     Junior  Engineer                     Division X (Stores), Margao.
7.   Shri Roque Fernandes,                As Assistant Engineer, Sub-Division V,
     Junior  Engineer                     Division IX (PHE), Verna.
8.   Shri Shashikant A. Pednekar,         As Assistant Surveyor of Works, in Circle
     Junior  Engineer                     Office VII(M/E), Altinho, Panaji, in the existing vacancy.

They shall exercise their option for pay fixation within a period of one month from the date of issue of this order under F. R. 22(I) (a) (1).

They will be on probation for a period of 2 years from the date of joining.

They shall draw their pay and allowances as Assistant Engineer/Assistant Surveyor of Works/ /Engineering Assistant (Mechanical) from the date of joining in the place of postings shown against their names in column No. (3) above.

1171 OFFICIAL GAZETTE — GOVT. OF GOA SERIES II No. 51 23RD MARCH, 2017

Further, the Government is pleased to order the posting/transfer of the below mentioned Assistant Engineers/Assistant Surveyor of Works/Engineering Assistants (Civil/Mechanical/Electrical) in Public Works Department and post them in the places shown against their names in column No. (4) below, in public interest:

,

Sr. Name of the Officer Present place of working Place of posting on transfer No.

1. Shri Subhash D. Parab Assistant Engineer (M/E) As Assistant Engineer in Sub-Division I,

repatriated from GIDC, Division XXI, Margao Panaji and awaiting posting vice Shri Prakash L. Poi, AE transferred.

2. Shri Prakash L. Poi Assistant Engineer, As Assistant Surveyor of Works in

Sub-Division I, Division Division V (Bldgs.), Panaji in the XXI, Margao existing vacany.

The Officer at Sr. No. (1) above, who has been repatriated from GIDC, Panaji has joined in this Department on 09-12-2016 and awaiting posting since then, shall draw his pay and allowances for the period from 09-12-2016 till the date of his joining in the new place of posting shown in column No. (4) above, against the vacant post of Assistant Surveyor of Works, Division V (Bldgs.), Panaji.

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

Uttam P. Parsekar, Principal Chief Engineer & ex officio Addl. Secretary (PWD).

Panaji, 16th March, 2017.

———(cid:139)(cid:139)(cid:139)———

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1172
Cite this issue. Goa Gazette, Government of Goa, 23 March 2017. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.goa.egaz.1617-51.SII/1617-51-SII-OG-0/. Archive identifier in.goa.egaz.1617-51.SII/1617-51-SII-OG-0.